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HomeMy WebLinkAboutMINUTES - 12271985 - COB BOX 73 tit X59 To BOARD OF SIUPERVISORS FROM; Anthony A. Dehaesus C1.11 1tra Director of community Development costa DATE: February 3 , 1986 G'�y t/ SUBJECT: Approval of I Community Develapmeat—Block- .Grant (CDBG) Program `"„`' Project Agreement and Reallocation--of Certain Funds SPECIFIC REQUEST(S) OR RECOMMENDATIONS) a BACKGROUND AND JUSTIFICATION RECOMMENDATION• That the Chairman approve the cEleye th---Yea-r3 ( 1985-86) CDBG Program Project Agreement with West Contra Costa YMCA, Inc. , incorporating an additional $9 ,635 reallocated from the CDBG Contingency Fund increasing the payment limit from $12,500 to $22,135. FINANCIAL IMPACT• None (100% Federal Funds, HUD) BACKGROUND: The West Contra Costa YMCA received approval from the Board on June 4 , 1985 for handicap access and ramp improvements for two restrooms at the Pinole Family YMCA with an allocation of $12 ,500. Subsequently, when bids were received on this project, the low bidder was $14, 635 over the allocation. The Housing and Community Development Advisory Committee approved an additional $9,635 from lContingency at their regular meeting on December 9 , 1986. The YMCA will rebid the project with a reduced scope of work. CONTINUED ON ATTAC HM ENT: YES SI NATURE; RECOMMENDATION OF COUNTY ADMINISTRATOR REGOM N AT ON OF H ARD COMMITTEE APPROVE I OTHER r SIGNATURE S : I ACTION OF BOARD ON 7 0 776 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Community Development S /9�� cc: County Administrator ATTESTED County Counsel PHIL BATCHELOR. CLEa OF THE BOARD OF Auditor-Controller; (B. Dreyer) SUPERVISORS AND COUNTY ADMINISTRATOR Contractor M382/7-83 BY / '(,(,( /,/Q ,DEPUTY A I , AMENDMENT TO PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and West Contra Costa YMCA) ✓.:. �C (Eleventh Year (1985-86) Activity #11-31) SECTION 1. Parties Effective on December 11, 1985, The County of Contra Costa, a political Subdivision of State of California,)hereinafter referred to as the "County", arna the West Contra (:(Z YMCA, Inc., hereinafter referred to as "Contractor", hereby anracnd their April 1, 1 Agreement entitled "PROJECT AGREEMENT COMMUNITY Dv-VELOPMENT B100- GRANT PROGRAM" as follows: SECTION 2. Alteration 4. Allocation Payment Limit. County's totallpayments to Contractor under this Agreement shall not exceed L22,135. I I I STATE OF CALIFORNIA ' On this rd day of COUNTY OF �a-,6, (q gi' before n,o� '1 •ll , a Notary Public, State of California, duly commissioned and sworn,personally appeared Tren 9 at. 0 rJ 5 j personally known to me(or proved to me on the basis of satisfactory evidence)"k, d i to be the S gAl 6 SA-iQglo [OS.nOL �.., of the corporation j that executed the within instrument, and also known to me to be the, low& person s who executed the within instrument on behalf of the corpora; NOTARYFUSU04ALIROR tion therein named, and acknowledged to me that such corporation executed MM CMA COUNTY the same IN WITNESS WHEREOF I have hereunto set my hand''a'nd affixed my official seal in the County of on the date set forth above in this certificate. troursur aM inrowq eca.aeknwWaGmra.u�aMmaeM tlr � AMw d w aam,roy.The pLkhWw Oo•t rot'6*-mry wp,emy sonar smarm..Mw am •n Wgo wak"a,ar"pmv4ian M<IW &*of W" forms"'"y°°°w"V" . Akazy Public, State of California Cowdery's Form No.28—!Acknowledgement. to Notary Public—Corporation(C.C.Secs. 1190-1190.1) My commission expires Ma^Ck SECTION 3. Reaffirmance Said April 1, 1985 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. I COUNTY O O RA COSTA, CALIFORNIA CONTRACTOR Q BY I BY 7t1r'/� J�--� EStl�f'711� Chairman, Board of Supervisors ._e1;anate Official Capacity --_ ATTEST: Phil Batchelor, Clerk of the Board of ..r organization) suaao stirs aiiu lomiy Administrator BY � , r. c�E�1ZE1"�R1 Deputy i I �U sgna.re 8ffi 1?=1 rlacit ----,,"in Organiza ion; Recommend d by Die rtment Note to Contractor: 1) if a public By agency, designate official capacity in esi e , At y A. aesus public agency and attach a certified Director Planning copy of the governing body resolution authorizing execution of this agreement. 2) Fdl others: Execute acknowledgment :Form Approval: County Counsel form above, and if a corporation, desig- nate official capacity in t,usiness, execute acknowledgment form F::d affix corporation seal. (Affix Appropriate Acknowledgment form) By Notary Public Dated: PROJECT WORK PROGRAM I II. H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE i CONTRACTOR: ACTIVITY NUMBER: BUDGET PERIOD: May 1, 1985 - March 31, 1986 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - 11. Renovating of YMCA $22,135 $ -0- $22,135 - Construction - Labor - Materials - Supplies - Misc. e TOTAL $22,135 $ -0- $22,135 Notes: (a) Detailed categories pursuant to FMC 74-4. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with D 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. { c ' ( Q , 1/28/86 i I I j RESOLUTION WEST CONTRA COSTA YOUNG MEN'S The West Contra Costa )ICA, in its regular meeting of the CHRISTIAN Board of Directors on December 19, 1985 did adopt a resolu- ASSOCIATION I tion authorizing the amendment to CDBG project #11-35 to 3919 Macdonald Avenue I increase the allocation from $12,500 to $22,135 for the pur- Richmond, CA 94805 pose of eliminating architectural barriers to the handicapped (415) 233-7070 at the Pinole Family )ICA. I OFFICERS ! F'ur'ther, the Board of Directors authorized Kenneth Stein, General Tom Edwards-President Director to enter into and Sign Such documents as might be Dr.John Tysell- President-Elect Bob Miller-Vice-President necessary to consummate such relationshlp • These Items are Susan Estes-Secretary included In the minutes of that meeting. Mark Wilson-Treasurer COMMITTEE CHAIRS Bob Neptune-Strategy Oscar Erickson-Development Joanne Sidwell-Manpower Mark Wilson-Budget - J. B. Harrison-Camping Ed Lane-Aquatics Carol Frank-Education Mindelyn Buford-Comm. Service I CORPORATE BOARD OF DIRECTORS John Balsiger Janice Mettler Connie Masan Jeff Nickles Tom Boyce Bob Miller isbin Dr.Mike BrCantly Millar Leveron Bryant Marlin McNair Mindelyn Buford William Nelson,Jr. Darrel Clements Bob Neptune Marla Contreras Lavonne Nlccolls Berbera Cross Fred Nieman Darrel Davis Tim Outman Tom Edwards Per Person Oxer Erickson Merle R he. «. Susan Estes BilIre Saner Jane felly James Shaw Carol Fronk Joanna 5ldwell JoAnn GannGreenlee tl Ad St Slndlelt ch Hal Greenlee AI ug Swager J.9.Harrison Doug S lstra Signed. Taalia Hesen Dav¢Sylsira 4 Malcolm Hunter Dan Tenth, Kenneth Stein, General Director Ken Kills Warren Trundle Kenneth J Shirley Kills Dr.John Tysell Ed Lana J.A.Vincent Helen Leong Bill Whiting i J.J.Megane Mark Wilson Don Malin Eric Zell Irvin Mettler John Zlesonhenne DIRECTOR'S EMERITUS A.H.Batchelder Evelyn McLaughlin Warren Brown,Jr. Ernest J.Melln Henry Covell Dr.Meroalth Morgan Fred Culmer Frances Palmer Les Flocchini Homer Patterson Hein"Frank Richard Plate Seal William H.Frank Robert Rosins S.C.Masterson C.E.Rutledge Adolf May Chase Sanborn Elmer McCormick Bart Wilson GENERAL DIRECTOR .. Kenneth W.Stein I SHARING IN FUNDS FROM THE UNITED WAY OF THE BAY AREA h • JL -034 To BOARD OF SUPERVISORS Anthony A. Dehaesus l.�lJl lira FROM: Director of Community Development VI^^JIII..,, January 2, 1986 coos � DATE; COAY - Approval of Eleventh=Year—(=198=5=86=)=Community Developme Block SUBJECT: Grant (CDBG) IProgram Project Agreement and Reallocation of Con- tingency Funds SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the Chailperson to execute the amendment to the Eleventh Year ( 1985-86) CDBG1 Program Project Agreement with the United Council of Spanish Speaking Organizations reallocating $1,495.00 from 11th Year Contingency to Activity #11-28 classroom for Headstart with a new payment limit of $412 , 495. FINANCIAL IMPACT None ( 100% Federal funds, HUD) BACKGROUND This activity provided $41 ,000 in HUD funds for the purchase of a portable building Ifor use as a child care center located at the Gehringer School, Oakley. Before this structure could become opera- tional, certain State requirements had to be met in order for certifi- cation to be given. These items such, as extra fencing, caused the project to experience a $1 , 495 short-fall. CONTINUED ON ATTACHMENT: YES SIGNATUR I I I RECOMMENDATION OF COUNTY ADMINISTRATOR _� REC MME TION OF BOARDITTEE APPROVE OTHER SIGNATURE S : I ACTION OF BOARD ON �Lt-1lca77MAPPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN' OF SUPERVISORS ON THE DATE SHOWN. I cc: Community Development ATTESTED County Administrators Office County Counsel P BATCHELOR, CL RK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller (Betty Dryer) Contractor 60 4, M382/7-83 I °Y DEPUTY . • 1-034 AMENDMENT TO PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and United Council of Spanish Speaking Organizations) (Eleventh Year (1985-86) Activity #11-28) SECTION 1. Parties! Effec -.•e December 11, 1985, The County of Contra Costa, a political Subdivision of the State ax +_. 1i.rornia,,Ihereinafter referred to as the "County", and the UCSSO, hereinafter referred io as "C�.!:,::i_c i:c,", hereby amend their April 1, 1985 Agreement entitled "PROJEC.T AGk>rE.M'i .HT �;OMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows: SECTION 2. Alteration 4. Allocation Pa l ment Limit. County's total payments to Contractor under this Agreement shall not exceed 142,495. PROJECT WORK PROGRAM Ii. H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: BUDGET PERIOD: April 1, 1985 - March 31, 1986 (.-) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - ; 11-28 Classroom $42,495 $ -0- $429495 - acquisition - ikistallation _ e TOTAL $429495 $ -0- $429495 Notes: (a) Detailed categories pursuant to FMC 74-4. i (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. SECTION 3. Reaffirmance Said April 1, 1985 AgIreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. COUNTY OF OSTA, C LIFORNIA CONTRACTOR By X By Chair an, Board of Supervisors / esignate Official Capacity Phil Batchelor, Clerk of the Board of I in Organization) Supervisorsland County Administrator J s Luis Preciado UCSSO President By Deputy ( es. na p Urlelal Capacity _ in Organization) Marcelino M. Vasquez Recommend by Depa t ent Executive Director Note to Contractor: 1) if a public By agency, designate official capacity in esi ek, Anth' n . De aesus public agency and attach a certified Director of / ommunity Development' copy of the governing body resolution authorizing execution of this agreement. 2) All others: Execute acknowledgment Form Approval: County Counsel form above, and if a corporation, desig- nate official capacity in business, �� � [/ execute acknowledgment form and affix ByJjya� Qh �t corporation seal. Deputy (Affix Appropriate Acknowledgment form) By c �� Notary Public ST.9TEUA'T Dated: �� -�7—�'S CO OFCALIFORIVlq y OF On th.isC'-�,�'�__ _ day of duly commissioned ,T and sworn, �a Notary in the year OFFICjgL person Public, before me SEAL Personall ally appeared State Of Califo i - )VOTARY PUB I QUINTERp to be the yknown t°me(or �S rnla. CONT LIC'CALIFORNIA Prove e�EG My comm M COSTA COUNTY _ expires FEB that executed d to me on the basis 10. 1988 person the within in ofsatisfactory evide tion th st Ment, gs -tiT nce) erei.n who exeCuted the withi and also knokn of the corporation amed, to the same and acknOwled n mstr ant on behalf f to be the °"t �Ye ga�tom WIfte nq v mar°ep°P0 «�..„ my ciWITArESSW_,zj hat such corporationeCO� IVIIII 'm,s of k, ^^a w., a,•n....we.�,,"ro� al seal in F I hav Cowderye B q""°”"m..d ypmwa..m ° n» S the k i e hereunto executed o ib P set NOS I'u61m No�og Ackn d ,4v n , my band rporation (C. gement on the da °unty of and allixed C.Secs. 119 190. s t forth ab T /9. O 1 1) !n this r certificate• t Notary t+blic My_°mmission PStae of expires Calif ornia �9� �Wtrbr aonnril of (Organizations, �nr_ n P.O. Box 287 516 Main Street / Martinez, California 94553 (415) 229-2210 0 t UCSSO BOARD RESOLUTION 1y The Board of Directors of the United Council of Spanish Speaking Organization c in its regular meeting of December 11, 1985 approved signing the following resolution: 1. To accept Iroject Agreement Community Development Block Grant Program (Amendment to 11-28) from the Contra Costa County Community Development Block Grant Program for acquisition and installation of Head Start Portable. 2. To accept,I additional grant of $1,495 from the County (One Thousand Four Hundred Nine Five Dollars) . 3. Additional funds raised the CDBG grant (11-28) to a total of $42,498. 4. To designite Jose Luis Preciado, UCSSO President and Marcelin. M. Vasquez, UCSSO Executive Director, to act on behalf of the Council and to sign the necessary documents required to complete the grant transaction: V��41 N) r iy �Q signature - Jose Luis Preciado tiAnlture - Marcelino M. Vashii l/ Jose Luis Preciado UCSSO President, Board of Directors SUBSCRIBED AND SWORN TO BEFORE VE THIScc DAY OF OFFICIAL ST` NOTARY.PUBLIC .,. ,._.. _. > AURELIA M QUfr. I` f NOTARY PUBLIC -CAU' (ll CONTRA COSTA C0!1" pi n OFFICIAL SEAL MY comm. expires FED ?Q _,,�,�( AUR LIA M QUINTERO -cyj;1 NOTARY P! � PUBLIC-CALIFORNIA r•.;''.' CONTRA COSTA'COUNTY MY comm. expires FEB 10, 1989 P.O.Boz 345 252 Marina Way 518 Main Street 1454 Rumrill Blvd. 120 Oak Street 426 E. 10th Street Oakley,CA Richmond,CA Martinez,CA San Pablo,CA Brentwood,CA Pittsburg,CA 94561 94801, 94553 94806 94513 94565 (415)625-2204 (41511232-6050 (415)229-1600 (415)234-8281 (415)634-2193 (415)439-7515 634-6144 • 1-033 TO BOARD OF SUPERVISORS FRCM: Anthony A. DehJesus C4D !tra I Costa @ CO^ DATE: December 21, 1985 SUBJECT: Approval ofcCommunit--Dmtel.onme:nt BIock-Gr-ant_(CDBG) Project Agreement with the--Ho 5i_ng-Author-ity--of_ -ntr_a Costa County SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to execute the CDBG Project Agreement with the Housing Authority project #11-40 "Project Self-Sufficiency" with a payment limit of $5,000. _ FINANCIAL IMPACT: None (100% Federal Funds; HUD) BACKGROUND: On November 27, 1984, the Board authorized the reimbursement to the Housing Authority a maximum amount of $5,000 for implementation of "Project Self- Sufficiency" for the period of November 1, 1984 through October 31, 1985. This is a pilot project to tenable low income single parents to address and overcome barriers that impede successful entry into the job market. Matching funds are provided by the Housing Authority and the Private Industry Council. C CONTINUED ON ATTACHMENT; YES SIGNATURE; ,4, RECOMMENDATION OF COUNTY ADMINISTRATOR REG OM D ION F BO COMMITTEE APPROVE OTHER SIGNATURE S : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT iAND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Community Develoment ATTESTED CAD P L BATCHELOR, KERK d THE BOARD OF Auditor - Controller (Attn: Betty Dryer) SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel "'mom ,Contractor BY � DEPUTY 1-033 PROJECT AGREEMENT • COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number:l 1-40 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: Housing Authority of Contra Costa County Address: 3133 Estudillo Street P.O. Box 2396 Martinez, CA 94553 3. Term. The effective date of this Agreement is April 1, 1985 and it terminates March 31, 1986,1 unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation PaymenIt Limit. County's total payments to Contractor under this Agreement shall not exceed $5,000 . 5. County's Obligations. i 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 b HUD on April 1, 1985 ; and as more particularly described in the "Project Y Work Program", attached hereto. 9. Signatures. nONTR natures attest the parties' agreement hereto: COU TY OFCOSTA IFORNIA CONTRACTOR BY: an— I By: hairy man, toardof Supervisors (D ignate Official Capacity ATTEST: Phil Batchelor, County Clerk of the Board of in Organization) Supervisors and County Administrator By �� By: �. Designate Official Capacity D puty in Organization) 4AD by2a ment Note to Contractor: (1) If a public agency, designate official capacity in public agency and attach a certi- fied copy of the governing body resolution '11n 'o A. Dehaesus authorizing execution of this agreement. (2) All others: Execute acknowledgment C1 Counsel form above, and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-40 Self-Sufficil ncy. Project Self-Sluff iliency is a HUD Pilot Program to assist single, low income parents who want to rise from welfare dependency to become socially and economically self-sufficient. The program design calls for combining local public and private resources in the areas of child care, life skills, career counseling, job training and placement. Participants in the program must come from the Housing Authority's waiting list for Section 8 rent subsidy certificates. If selected for participation, the Housing Authority would be provided with an additional allocation of Section 8 existing certificates - to be used in conjunction with the Self-Sufficiency Program. According to the) Contra Costa Advisory Committee on the Employment and Economic Status of Women, women make up 63% of the County's poor adults. These identified local problems the Employment Strategies Group recommended the creation of a Women's Employment Support Group Project in East County. This program, which is currently in operation on a pilot basis, would be the mechanism used to integrate the various support services into a personal development program for single parents. The Self-Sufficielncy Program provides no administrative funds - only additional Section 8 certificates. At present, the Women's Employment Support Group Project has funding from the Private Industry Council. 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 Conduct career counseling and April 4, 1985 March 31, 1986 motivation training C. PROJECT GOALS Contractor shall) define project objectives. To assist low )income single parent head of households to become self-sufficient as a result of career counseling and job training opportunities. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the fork 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 Community Development 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 Community Developments 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 19741, 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 Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access Ito the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Community Development Department. 9. Transmit to the County Community Development Department a copy of all construc- tion contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate Irequirements and provisions have been included. 10. The Contractor agrees to only draw funds until such time as there is a demonstrated need, and the draw be in accordance with 24CFR 570.513. 11. Contractor shall deliver to the County a report on the complete status of the local Rehabilitation Program component after the effective date of this agreement. E. PROJECT ADMINISTRATION Contractor shall lindicate who will be responsible for administering the Work Program. Richard J. Martinez, Director of Housing Operation 372-7400 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 objei tives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Dep i rtment. 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: I1-40 BUDGET PERIOD: April 1, 1985 - March 31, 1986 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - 11-40 Self-Sufficiency $59000 $109000* $159000 i Contract for Services - Mt. Diablo Adult Education *Housing Authority & Private Industry Council e TOTAL $5,000 $10,000 $59000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) ]tel s are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD minces; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) C Intract Payment Limit for CD project. 2a CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use. of funds, and made the final statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priorilty 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 I Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is autholized and consents on behalf of the grantee/contractor and himself/her- self to laccept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; ll. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; I (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 implemI enting 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,IA-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation regiirements 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 t I o implement such requirements; Vl. 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 certificatioln; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records., Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows:- (a) Re cords 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 retain'ed 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. Term in(tion. (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 jthirty (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 pri ject funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this.Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal) Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Infoi mal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. ` Page 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document )executed by the Contractor and the Contra Costa County Board of Supervisors, subject t any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions land 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 thl 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 jPlanning 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 meaning, requirements, or performance of this Agreemenf shall be subject to final determination in wriiting 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 touchinglupon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County, 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and, is not intended to and shall not be construed to create the relationship of agent, servant, mployee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". I ; Page 3 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of is misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right tIo 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 ni gligence 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. Insuranc . 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) Li ability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County land 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 o policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelinies, 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 Plannling Department, Martinez, California. 22. Rel ained 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 Deparitment 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. Pr ject 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 bel 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 (sec Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees That County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contracto'r'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 lligher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Pa me It 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 mariner 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 ofIits program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Deport and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 181 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 withiIn 30 days of demand by County the full amount of the County's liability, if any, to the Stated/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 TO: BOARD OF SUPERVISORS Contra FROM: Anthony A. Dehaelus, Director Contra C sta DATE'. November 22, lvbb coirty SUBJECT: Approval of Amendment to the E4.ewcrkth—Year—(-198 -8G)-Co ununify De loev pment Block Grant (CDBI) Program Project Agreement; Many Hands, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND Alm JUSTIFICATION RECOMMENDATION: Authorize the Chair to execute the amendment to the project agreement with Many Hands, Incorporated dated April 4, 1984, increasing the payment limit from $120,000.00 to $140,000.00. FINANCIAL IMPACT: 100% Federal Funds (HUD) BACKGROUND: Many Hands, Inc. provides work services to handicapped people in the course of operating a recycling center currently located in Pittsburg. This project provides funding for the construction of a new center which will be located on property donated and owned by U.S. Steel Corporation in Pittsburg. The increased amount of funding will provide for off-site improvements necessary for the construction of the new center. i CONTINUED ON ATTACHMENT; YES SIGNATURE' RECOMMENDATION OF COUNTY ADMINISTRATOR -" RECO MEND T XON OF ARD COMMITTEE APPROVE OTHER S 1 GNATURE S ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER r VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE XUNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVI ON THE DATE SHOWN. p cc: Community Development ATTESTED _ —�Q CAO PHIL BATCHELOR, CLERK OF T4 BOARD OF Auditor-Controller (Attn: B. Dreyer) SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Contractor BY �j��J %Af� � /` DEPUTY M382/7-83 h GENERAL ACKNOWLEDGMENT NO.201 --------- -- 1 State of California On this the 19th day of November 19 85,before me, t SS. County of Contra Costa Ramiro Sancen the undersigned Notary Public, personally appeared µ� OFFICIALSEAL Paul Ramirez and John J. O'Donnell " RAMIRO SANCEN NOTARY PUBLIC-CALIFORNIA 1within nally known to m CONTRA CODSiA BOUNTY d to me on the basi o satisfactory evidence " My comm. expires! JAN 17, 1989 y person(s)whose na e( ) are subscribed to the trument,and acknowl ged that they executed it. Ind official s A tary's Signa � v 7110 122 NATIONAL NOTARY ASSO IATION-23012 Ventura Blvd.-P.O.Box 4625-Woodland Hills,CA 91364 .r r SECTION 3. Reaffirmance Said April 1, 1984 Agreement, entitled "PROJECT AGREEMENT COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM" except as herein-above amended shall remain in full force and effect. COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By t�cc�2� J B wC v Chairma , Board of Supervisors -(Designate Of icial C acity Iin Organization) Phil Batchelor, Clerk of the Board of E Supervisorsland County Administrator By / By ©°V tCe., cC^Id enr Deputy MesignaM Official Capacity in Organization) Recommen ed by Depa tment Note to Contractor: � 1) if a public agency, designate official capacity in public agency and attach a By certified copy of the governing body es' ne Antho V. Dehaesus resolution authorizing execution of this Di ctor of Co munity Development agreement. 2) All others: xecute acknowledgement form above, nd a corporation, desig- 6XII'Dnate official capa ity in business, exe- Form Approval: County Counsel cute acknowl dge ent form and affix corporation sea BY fav cvrw G�`�C�G� �Y r Deputy is (Affix appropriate acknowledgement Form) Dated: r :t AMENDMENT TO PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (County and Many Hands, Inc.) (Eleventh Year(1985-86) Activity #10-2) SECTION 1. Parties Effective on December 1, 1985, the County of Contra Costa, a political Subdivision of the State of California; hereinafter referred to as the "County, and the Many Hands, Inc. hereinafter referred to as "Contractor", hereby amend their April 1, 1984 Agreement entitled"PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" as follows: SECTION 2. Alteration 3. Term. The effective date of this agreement is December 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. B. PROJECT TIME SCHEDULE Work Item Start Date Completion Date Site selection and sl cure lease 10/31/85 11/15/85 Improvements to land; leveling, 1/1/86 11/31/85 grading, off-site improvements Building foundation 1/1/86 1/15/86 Erect prefabricated metal 2/1/86 3/15/86 "butler" building 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed 140,000. I PROJECT WORK PROGRAM H. CONTRACTOR'S DETAILED EXPENDITURE SEHEDULE CONTRACTOR: -ACTIVITY NUMBER: 10-2 BUDGET PERIOD: April 1, 1985 - March 31, 1986 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Fnds - $ = Total - $ 2. Recycling Center Expansion $120,000 $ 0 $120,000 i - Lease - Advertising - Bid - Construction - Misc. - Off-site improveiments $ 20,000 $ 20,000 (e) TOTAL $140,000 $ 0 $140,000 Notes: (a) Detailed categories pursuant to FMC 74-4 (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 anticpated sources. (d) Sum of (b) and (c) above including both Community Development and non- Community Development funds. (e) Contract Payment Limit for CD project. I TO: BOARD OF SUPERVISORS qJ Contra FROM: Anthony A. Dehaesus Costa Director of Community Development DATE: July 23, 1985 r County SUBJECT: Approval of theE11eventth_Y ar_(=1-985-86) 6o�lrrmup ty=De- 1Gpihen"tom Bi:o-c-k-Gxant�(CDBG) Agreement;c—uge In _ ,r_ara AntonGrtlIo i SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to execute the Eleventh Year CDBG Program Project Agreement with Eugene A and Barbara Anton Grillo with a payment limit of $17,500, for activity 11-33. 1. FINANCIAL IMPACT: - 100% Federal Funds (HUD). BACKGROUND: On January 15, the Board approved the use of Block Grant funds in the form of subordinate loans in. conjunction with certain developments in the Multi-Family Revenue Bond "Pooled Development" program. The 10-unit Grillo Garden Apartments, located in Danville, are .funded by the County an 0he Housing Authority for 17,500 each for a total of $35,000. These funds will pay for; fees pursuant to the securement of a loan of mortgage revenue bond funds and fees associated with the issuance of mortgage revenue bonds. These funds will enable the project to proceed which would not otherwise meet the underwriting stan- dards of World Savings which establishes a maximum loan amount it will originate. CONTINUED ON ATTACHMENT: YES SIGNA R RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM ENDAT N OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON "� APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS —4 UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Community Development ATTESTED n CAO PHIL BATC LOR. CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Contractor M3e2/7•e3 - BY � DEPUTY • PROJECT AGREEMENT • COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-33. 1 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: Eugene A. and Barbara. Anton Grillo Address: 262 'Villacimo Court Danville, CA 94526 3. Term. The effective date of this Agreement is May 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 $ 17,500 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, 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: Chairw man, Board of Supervisors esigriat64 icial Capaci ATTEST: Phil Batchelor, County Clerk of the Board of in Org nization) ty- Supervisors and County Administrator By: By: ��� (Designate Official Capacity Deputy in Organization) Recommen ed by Depa tment 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 Any . Dehaesus authorizing execution of this agreement. (2) All others: Execute acknowledgment ` For Appro ed: Co my Counsel form above, and if a corporation, designate ' official capacity in business, execute acknow- ledgment form and affix corporation seal. BY: .L� f�nLO � Ot� Deputy (Affix Appropriate Acknowledgement Form) I Page 2 i EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-33. 1 GrillolGarden Apartments Loan. i This agreement will provide gap financing for the 10-unit Grillo Garden Apartments .located at 184 E1 Dorado Avenue, Danville, CA. The overall project is financed through the Multi-Family Revenue Bond "Pooled Development" Program. The "gap financ- ing" provides the difference between the loan amount and the amount needed in order- to induce development of the project. The amount provided by the County, $17,500, is secured by a 'note and deed .of trust in favor of the- County. i i - i 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 .. Payment of loan �: and 5/1/85 3/31/86 revenue bond fees - i i i i C. PROJECT GOALS Contractor shalldefine project objectives. To induce the development of affordable multi-family housing units. i Page 3 • • PROJECT `FORK PROGRAM D. PERFORMANCESJTANDARDS The performance Istandards 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 contr Icts, 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 servicesil. 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 thi 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 I inimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised-to ensure that all appropriate require- ments and provisions have been included. 10. The contractor agrees to keep fire insurance in force for the life of the activity where CD funds are used in the acquisition of said property con- sistent with the provisions of Paragraph 19. Insurance, of the General Conditions of the agreement. 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. I?. PROJECT ADMINISTRATION Contractor) should indicate who will be responsible 'for administering the Work Program. Jim Kennedy 372-2035 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, I to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S; DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-33.1 'Eugene A. and Barbara Anton Grillo 262 V i 1 1 ac i mo Court BUDGET PERIOD: May 1 , 1985 - March 31 , 1986 Danville, CA 94526 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - $ 11-33. 1 Grillo $17,500 $17,500 $35,000 Garden Apartments bond & loan fees TOTAL $ 17,500 $ 17,500 $35,000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD moinies; and indication of anticipated sources. (d) Suill of .(b) and (c) above including both Community Development and non- co munity Development funds. (e) Contract Payment Limit for CD project. r CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governi Ig 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 It Jo submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity dev elopment objectives and projected use of funds, and made the final statement available to the public, as required by Section f04(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected . use of funds may also include activities which the grantee/contractor certifies are designed to, meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status -of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will bI 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 VIIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implemienting 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 implemlenting 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 rhequirements 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 Reai 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.1.93-2I 4); 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 I ith 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 iexamine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 I I --------- - ------- GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance (hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor'sregular 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 thi's Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: - (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly. any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that) they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 . • 8. 6lodifi,cations 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, subjei t 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 meaning, 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 14',aiver by County. Subject to the disputes provision contained herein, inspections or apiprovals, 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 icombination 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. Origi al 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 land is not intended to and shall not be construed to create the relationship of agent, servant employee, partnership, joint venture or association. 16. Conflicts of Interest, Contractor agrees to furnish to the'County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 • • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County. in *the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liabilitv Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, .the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed. to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. ��—. �....�.��r........_.�....�...n.....n—.�.�r�..s�+ax.a.-na-.... ...... .f......�.:TW.'.as...�r:.IIT:.� __ .�..�. �`.+a.�w Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such .real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will ,be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la PAYMENT PROVISIONS 1. Pavment [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. Payment Amounts. 'Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars_ pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit _written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above, 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. ; 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If'such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant) to Paragraph 2 (Payment Amounts) above, including any adjustments made . _ pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la ..,3/16/82 4 SIC TO: BOARD OF SUPERVISORS Contra FROM: Anthony A. Dehaesus Costa Director oC Community Development DATE: July 10, 1985 County I S-U BJ ECT: Approval of Eleventh Year (1985-86) Community Development Block Grant (CDBG) Agreement; Edward F. and Charlotte L. Biggs SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chai:rgnan;Ao=ex4ecute-the-f=ieventfi Year CDBG Program Project Agreement with Edward F. Biggs a'nd Charlotte- L. Biggs with a payment limit of $75,000,, activity 11 .33.2 Housi�nq DeyeloPmen.t As-s.is•tan,ce. FINANCIAL IMPACT: 100% Federal Funds HUD) BACKGROUND: On January 15, 1985, bhe Board approved the use of Block Grant funds in the form of subordinate loans in conjuction with certain developments in. the Multi-Family Revenue Bond "Pooled Development" Program. The 20-unit "Del Norte West" apartments are located in El Cerrito. The Housing Authority will provide $12,500 for a total of $87,500 which will pay for; feies pursuant to the securement of a loan of mortgage revenue bond funds and fees associated with the issuance of mortgage revenue bonds. These funds will enable the project to proceed which would not otherwise meet the underwriting standards of World Savings which establishes a maximum loan amount it will originate. I I I L I CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RE MM N kATION O ARD MMITTEE APPROVE OTHER SIGNATURE(S) �� ACTION OF BOARD ON J111y 23, 1985 APPROVED AS RECOMMENDED OTHER I I VOTE OF SUPERVISORSI X UNANIMOUS (ABSENT ILI ) 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: Corrinuni.ty Development ATTESTED July 23 , 1985 CAD PHIL BATCHELOR. CLERK OF THE BOARD OF ,AudPtor-Contro6er SUPERVISORS AND COUNTY ADMINISTRATOR —County Counsel Contractor o M382/7-e8 BY 1amm(pL� . DEPUTY 0 PROJECT AGREEMENT • COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-33-2 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: i Contractor: Edward F. and Charlotte L. Biggs i Address: 12499 San Pablo Avenue Richmond, CA 94305 3. Term. f The effective date of this Agreement is February 1 , 1985 and it terminates March 51 , 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 $75,000 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'Ito 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, 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: A� � � , Chairwo Ian, Board of Supervisors Designate O ficial Capaci ATTEST: Phil 13a chelor, County Clerk of the Board of in Organization) Supervisors and County Administrator By: By: 'Designate Of ial ap t eputy in Organization) Recommen by Die rtment Note to Contractor: (1) If a public agency, designate official capacity in public agency and attach a certi- By, fied copy of the governing body resolution (/ An cony ehaesus authorizing execution of this agreement. Form Approved. Count Co (2) All others: Execute acknowledgment PP Y nse form above, and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. 1 Deputy (Affix Appropriate Acknowledgement Form) ..�•`'_. '�=_�•_�.�zm.�a-:-.,.... ..w.xxaxr.a-.s.a:.a.ra.caxae¢.aw..+.u:�x">^vris:e..+,...- .., u'��-�'e....:f1:a.t r.:,. - -. �, - -4. �� '„^�.<.:'� \ - 1.a3'..-vaYYat^.^r+�....�Y-z Ys+aC.'P:Z•^� (General) STATE OF CALIFORNIA COUNTY OF Contra Cosa SS. Onbefore me, the undersigned, a Notary Public in and for said a State, personally appeared Edward F. Biggs and Charlotte I_ Riggs W Ix W 2 ' W personally known to me(or proved to me on the basis of satisfactory evidence) a D. to be the person S whose name_ S are —subscribed to to the w_i�ihin i strument and acknowledged that they =BEV .�r3C]l'C t?tl 11 _ e. I AL SEALNI NESS ,y ha d and official seal Y JONESIC-CALIFORNIACcntra Costa CountySignat / Expires July 5,1987 Beverly J nes 7/5/87 " Name (Type Tinted) OFC-2056 (Thla area for o0lcial notarial rcall Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 i PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-33.2 BiggsRea Ity Del . Norte West Apartments Loan. 1'1 " - '- -"The The Del Norte West Apartments, located at Liberty Street and Hill Street in El Cerrito,' is a 20-unit development with four affordable rental units. t This project agreement will provide $75,000 augmented by $12,500 from the Housing Authorlity. to make gap financing available to: (1 ) offset certain ,fees pursuant to the securement of a loan of mortgage, (2) pay fees Fr associated with the issuance-of mortgage revenue bonds. 4 The use of CD funds will be in the form of a subordinate loan subject to the execution of a note and deed of trust in favor of the County. I B. PROJECT TIME jSCHEDULE 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 Pay fees associated with _ 2/1/85 3/31/86 ; Mortgage Revenue Bond Program j I C. PROJECT GOALS Contractor shall define project objectives. I i To provide gap financing in the form of a subordinate loan. I I I I Page 3 • 7. PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance !standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for JCompliance 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 r. 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 -""i °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 Sha11, ata minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. - 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior-to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. ". Prior. to 'loan closing, the developer shall provide a final estimate of con- structionlcosts, and indicate final disposition of negotiations with World " Savings and Loan relative to contingency and interest impound amounts. Should boirrower's cash equity drop below $225,000, the County and developer; shall share in such savings on -a dollar for dollar basis. -. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program.' I i Jim Kennedy 372-20 35 i _..Yz.a_�w-.n-�..-...-.. �,+..yes_--. ...'..�.w-v+�..+-.•n m.n"a.�-n—.m...m... +..1.'..P .1':S T'GS9.Yl�.0^" C ItT.A.:31L.�.i�YI:S".Itl(-E✓'C' Page " 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor !shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-33.2 Edward .F. and Charlotte L. Biggs BUDGET PERIOD: 2/1/85 to 3/31/86 12499 San Pablo Avenue Richmond, CA 94805 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - $ 7Mortgage RevBond $75,000 $12,500 $87,500 and loan fees e TOTAL $ 75,000 $ 12,500 $ 87,500 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Esti mate 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. F , i CERTIFICATIONS i. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governinlg body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final _ statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status -of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents- on behalf of the grantee/contractor and himself/her- self tol 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 UI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; ' (4) Section3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implemi nting 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; • 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 Ithis federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition (requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order) 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 i 0 • GENERAL CONDITIONS 1. Comoliance 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. Insp(tion. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, regular business records pertaining to this Agreement and such additional the Contractor'sl 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 retlained 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,1 and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parjties. 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. I Page 2 ` a 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this 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 Co'ntractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the*County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". .Page 3 • • 17. Confidentialitv. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including Ibut riot 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 i y 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 c5 ncurrent 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 soli 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. Insura,lce. 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. I (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. Saidpolicies 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 for 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,I 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 mail's or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. I (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 oris 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 [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. Payml nt 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 Titled 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 Principlesl for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit. .written demands for payment in accordance with,the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of.the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the Iterms 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. i 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 too 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. I 1 -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. i 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, Contractorl 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 II 3/16/82 I I - . I I a i I 1, - I I 1 1 I 11 I I I _.. . ._ - i - TO: BEARD OF S *;RVISORS 1...�r4� Contra FROM: Anthony A. Dehaesus (�`^S+a Director of CoCommunity Development l DATE: pkil(2g, 1985 County I SUBJECT: Approval of theSMvanth:Year (1985-86) Community Development Block Grant (CDBG) _ Program Project Agreement: a i-Rii:unity SPECIFIC REQUEST(S) OR ,RECOMMENDATION(S) ¢: BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to execute the Eleventh Year CDBG Program Project Agreement with Pacific Community Services, Inc. implementing activity #4 Housing Counseling with a;payment limit of $50,000: I FINANCIAL IMPACT: 100% Federal Funis (HUD) . BACKGROUND: I Pacific Community Services; .Incorporated has been operating a housing counseling program serving residents of East County providing direct.services to low and moderate income persons relative to landlord/tennant relations, fair housing and mortgage default and delinquency counseling. I , i I- I I CONTINUED ON ATTACHMENT:. ! YES SIGNATURE: I RECOMMENDATION OF COUNTY ADMINISTRATOR RE O ME DATIONJ BOAR MMITTEE APPROVE OTHER i SIGNATURE(S) ACTION OF BOARD ON s APPROVED AS RECOMMENDED OTHER , I VOTE OF SUPERVISORS I UNANIMOUS (ABSENT1 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 DA/TE SHOWN. Community Development A , 1��3 CC: County Administrator ATTESTED Auditor-Controller (Betty Pereira) PHI ATCH LOR, CLERK OF THE BOARD OF County Counsel j SUPERVISORS AND COUNTY ADMINISTRATOR Contractor j DEPUTY Me2/7-e3 lh BY •.. � - �• u •itYi•^.�1 ATCS�"�^Sc_d3!a Li!,,!wirV•��ros4t I 1-0f9 PROJECT AGREEMENT CORI)tiIUNITY DEVELOPMENT BLOCK GRANT PROGRAM i Number: 11 -4 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: jContractor: Pacific Community Services , Inc. Address: P. 0. Box 1397 501 Railroad Avenue Pittsburg, CA 94565 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, coinditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's notal payments to Contractor under this Agreement shall not exceed $ 50,000 5. County's Obligations. I 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'lor 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 COSTA, CALIFORNIA CONTRACTOR I By: By: IT-! Chairw an, Board of Supervisors Dagnate Official Capacity ATTEST: Phil Batchelor', County Clerk of the Board of in (Organization) Supervisors and County Administrator By: 2GGG /CQ. .2VL;t B &zl Designate Official Cap ity By: D utin Organization) y Recomme d by Depar ent 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 Ant ny; haesus authorizing execution of this agreement. Form Approved: CoIty�counsel; (2) All others: Execute acknowledgment" form above, and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. By:42 L I!) AlAx, puty' (Affix Appropriate Acknowledgement Form) STATE OF CALIF0RNJA On this 14th day of June in the year C0TTN7Y.,0F ContralCosta — 19R5 before me Sally J. Smith a Notary Public, State of California, duly commissioned and sworn,personally appeared Steven J. Giacomi & Harry Freed a personally known to me(or proved to me on the basis of satisfactory evidence) oEFlCl.1 SELLto be the Executive Vice<President & Presid�tYTie corporation NOTARY PUBLIC•Cr,'. (3L1 *.0 that executed the within instrument, and also known to me to be the CONDA COSTA COUNTY �' j person S who executed the within instrument on behalf of the corpora- SALLY J. SMITH tV1Y COMMISSION EXP. 12/16/$§ tion therein named, and acknowledged to me that such corporation executed the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of Contra Costa ilia Oowmem b u*a yaierd form whxir nay De proper for use m simple on the date set forth above in this certificate. eanaareone anil in no way acts,a is imerAed ben.m'a aueamute lar me ad-"If an atternay.The putNl ,Does nKA make any wanamy eaear eW.ss or.Whad as to the bW aah"of any Minau,n or Dr witaeilay of 1hase bans in any sWAic transaction. Cowdery's Form No. 28—Acknowledgement Notary Public, State of California to Notary Public—Corporation(C. C.Secs. 1190-1190.1) My commission expires 12-16–f35 a(' x } T t Page 2 I I j EXHIBIT A j CONTRA COSTA COUNTY j COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-4 Housing Counseling Comprehensive Housing Counseling Service Program to serve residents of East Contra Costa County specifically Supervisorial District V. Providing direct service to low and moderate income persons and households regarding landlord/ tenant relations', fair housing, mortgage default and delinquency counseling, information and 'referral services. I I II j j - I j I I B. PROJECT TIME SCHEDULE I Time Schedule on i a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Continuation of Comprehensive April 1 , 1985 March 31 , 1986 Housing Service Program to provide the following services: 1 . Disseminationlof Counseling Program Information 2. Mortgage Default and Delinquency 3. Fair Housing Services 4. Rent Payment Delinquency 5. Tenant/Landlord Mediation 6. Information and Referral 7. Development of Monthly Progress Reports on Services Rendered �I i I i C. PROJECT GOALS Contractor shall defI ine project objectives. Provide services to 475 cases including 130 Default and Delinquency cases, 100 Pre-Purchase cases, 220 Tenant/Landlord relationship cases and 25 Information and Reiferral Services by March 31 , 1986. I I I I i Page 3 PROJECT WORK PROGRAit4 I D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the �Vork Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. t 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 01 and any other applicable HUD regulations. i 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirementsl in accordance with Title 1 of the Housing and Community Development Act of 1974,I HUD Handbook 1344.1 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. I _ 5. All construction contracts over $10,000 shall be in compliance with bid procedures._ contained in the Complaince Guide cited. I ' 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 1 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior toi the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. I 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 l,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. I E. PROJECT ADMINISTRATION Contractor shall indicate who will be responsible for administering the Work Program. Rose Mary Tumbaga,iAssistant Housing Director Steven J. Giacomi ,!, Executive Vice-President Pacific Community Services P. 0. Box 1397, 501 Railroad Avenue Pittsburg, CA 94565 (415) 439-1056 I1 I Page 4 wl 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. 1 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Deplartment. 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 -4 Pacific Community Services, Inc. BUDGET PERIOD: April 1 , 1985 - March 31 , 1986 I I (a) I (b) (c) (d) Budget Item I CD Funds - $ +Other Funds - $ =Total - $ 11-4 Comprehensivle Housing $50,000 -0- $50,000 Counseling i - Salaries - Fringes - Travel - Space - Supplies - Training �I i I I I 'I TOTAL i, $ 50,000 $ -0- $ 50,000 Notes: (a) Detailed categories pursuant to OMB A-102. I (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies;i and indication of anticipated sources. i (d) Sum ofl (b) and (c) above including both Community Development and non- community Development funds. (e) Contract Payment Limit for CD project. I I I CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal fund's 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 possessed' legal authority to make a grant submission and to execute a community development and housing program; �I (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 tI,o submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief exeI cutive officer or other officer of the grantee/contractor approved by HUD: (1) Consentsli 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 enforce mient of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: I (1) Title VI I,of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; 1 (3) Section 1109 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 I Order 11246, as amended by Executive Orders 11375 and 12086, and implement Iing regulations issues at 41 CFR Chapter 60; (6) Executive II,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; I (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; I 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 1I 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 issueid 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 i VII. No member, off'i'cer 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, shalll, 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 HUDiand the Comptroller General or any authorized representatives access to and the right to ixamine 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 Plaint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/821 I I I i i it I 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. I (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 rind 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. I 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) Tt e 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,I 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. InsuranIce. 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: i (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) I'Vorker'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 I or policies. Not later than the effective date of the Contract, the Contractor shall 'provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez; California 94553. Notices to the Contractor shall be addressed. to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. I I - j Page 4 I 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph i8, 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. 1 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 1 23. Project Development. I (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. 1 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 writteI n approval and coordination with county staff. . la I I I i i i i i Page 5 I I The Contractor shall provide County with a Certificate of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to!the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform perperly any of its obligations under this Agreement. 10. Payment Specifications. Subject to the following payment specifications, the County will pay Contractor the following fees: (Housing Counseling Component only) (a) $4,167 total fixed fee payment, payable monthly in accordance to the fee payment schedules in Item II, Fixed Fee Payments, below. (b) Monthly Services Report. Contractor shall submit with monthly demand for payment; a Monthly Services Report which documents performance of Contractor in the event the Contractor's performance indicates a shortfall in achieving project goals, Contractor shal provide County with such written documentation which justif iesi submittal of the demand. I 11. Fixed Fee Payment Schedule. The above program budget shall be subject to the following fixed fee payment schedule for the line items of Administration and Services providing the Contractor submits demands at least 6 working days prior to payment date: Payment Date Period Total May 13, 1985 April 1-30, 1985 47167 June 15, 1985 May 1-31, 1985 41167 July 15, 1985 June 1-30, 1985 49167 August 14, 1985 July 1-31, 1985 49167 Sept. 15, 1985 August 1-31, 1985 41167 Oct 15, 1985 September 1-30, 1985 41167 Nov. 15, 198 5 October 1-31, 1985 4,167 Dec. 15, 1985 November 1-30, 1985 4,167 Jan. 15, 1986 December 1-31, 1985 41167 Feb. 15, 1986 January 1-31, 1986 41167 March 15, 1986 February 1-29, 1986 41167 April 15, 19,86 March 1-31, 1986 41163 Total $50,000 13. Program Specifications. Contractor shall provide a Comprehensive Housing Service Program to serve residents of Supervisorial District V, providing direct services to low and moderate income persons and households as follows: landlord/tenant relations; housing discrimination; mortgage default and delinquency counseling; and information and referral services. I - I I I I I i I ` GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and focal 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. I 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. i 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 County to HUD, except as follows: . I (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. I (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 1payment, 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. i (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. I 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 Ishall 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. I i I I I i I I I r - • Page 2 I I 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. I (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisionsi 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. 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 touchirig 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. j 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. I 15. Inderiendent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant; employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a valid copy of the' most recently adopted bylaws of any Corporation and also a complete and accurate list of ;the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safieguards pursuant to Paragraph 12 of the attached "Assurances". i I I I I I i I PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. i 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. I 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 Ii 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. i 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. 1 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 in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the ;terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount Ito 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. I I I I I I I I I i A � Oil, TO: BOARD OFiSIWcRVISORS FROM: Anthony A. De'haesus Contra Director of Community Development Costa DATE; May 22, 1985 County I SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) Program Project Agreement: Bethel Island Municipal Improvement District SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I RECOMMENDATION: - I Authorize the Chairwoman to execute the Eleventh Year CDBG Program project agreement implementing activity #11-22 Renovation of Pump Stations with a payment of $3,700. FINANCIAL IMPACT: 100% Federal Funds� (HUD). BACKGROUND: j — The Bethel Island Municipal Improvement District needed additional funding to augment District General Funds for the improvement and renovation of two pumping stations on Taylor Road. These improvements will relieve unsafe conditions and enable BIMID to meet Cal/Osha safety standards. I I I I I _ I i 1 I I. I I I I CONTINUED ON ATTACHMENT: YES SIGNATU t1AJ RECOMMENDATION OF'COUNTY ADMINISTRATOR RECIOMMENDA ON OF BOARD COMMITTEE APPROVE ! OTHER I SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER I - I i VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development ATTESTED ��� w County Administrator PHIL BATCHELOR. OF THE BOARD OF Auditor-Controlller SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Contractor M382/7-83 BY -, DEPUTY I �- 0 PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM I Number: 11-22 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: Bethel Island Municipal Improvement District Address: P.O. Box 244 j Bethel Island, CA 94511 I 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 $3,700; 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. i 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. j 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: I COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR I By: ' � i Chairwoma Board of Supervisors Desig e Official Capacity ATTEST: Phil Batchelor, County Clerk of the Board of in Organization) Supervisors and County Administrator i By: B Designate Official Capacity By: D uty in Organization) � Recommen d by Depar ent 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 Anth y A. ehaesus authorizing execution of this agreement. (2) All others: Execute acknowledgment Form Approved: Coupty Counsel form above, and if a corporation, designate official capacity in business, execute acknow- '`. By. ledgment form and affix corporation seal. ✓JDeputy I (Affix Appropriate Acknowledgement Form) STATE OF CALII�FORNIA On this day of 14-11!9L IV PCf— in the year COUNTY OF�`.�/I/�fI �5 �r before me �l �y /G Shy a Notary Public, State of California, duly commis�igng��ed and sworn, personally appeared f7`7JG�fl�t� �j)L sr9E-S , personallyknown to me(or roved to me on the basis of OFFICIAL SEAL p satisfactory evidence) MARIE P. SMITH to he the — of the corporation m • NO�qRY PUBIIC GAUFORNIA coNrRgcosTAcouNr; that executed the within instrument, and also known to me to be the My omm &pees Nov 13,Ivey person who executed the within instrument on behalf of the corpora- tion therein named, and acknowledged to me that such corporation executed the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official sea]in the County of This eocumed is omy a penmel rams wnrls may oe paper Im um m simpb �+ ✓'�`� 'J on the date set fort ve i is�certificate. aaMaNPla L N W way ama,ar is lm« b eel,a9 a 5u 3e uw fm are ✓✓""IV aErka d an aaarrey.TM oubWw Epee rot Make"wwamy a erprese or IMM M m do logo va6my d"ge Sm ar IIM"a Wty of IlMaa lanae M my pp dw eaM14adlan. � Cowdery's Form No. 28—Acknowledgement Notary Pub ic, State of California to Notary Public—Corporation(C.C.Secs. 1190-1190.1) My commission expires u CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section f04(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status -of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows:- (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid .the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. I I Page 2 • • ' I - i 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document. executed by the Contractor and the Contra Costa County Board of Supervisors, subject'to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. I 9. Disputes. Disagreements between the County and Contractor concerning the meaning, 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. I 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. 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. 1 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". i i I I I I I I I I I • • ` -Page 3 1 I I 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 riot limited to, the identity of recipients, their records, or services provided them, and i ssures that: (a) All applications and records concerning any individual made or kept by Contractor or any ipublic 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. i (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 rightJo 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. I (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. H. 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: i (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. i (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy ;or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 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 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. i I i Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph (8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. (a') If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such ,real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. it shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la i I i i I i I I I i I PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit _written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. I Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If'such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to .perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-22 Renovation of Pump Stations The project will provide funding for the renovation and expansion of two pump stations located on Taylor Road, Bethel Island. The pump stations are twenty twenty-five years old and the renovation and expansion of these structures are needed in order to conform t4 the basic requirements of CAL/OSHA. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Construction/repair May 1985 July 1985 C. PROJECT GOALS Contractor shall define project objectives. Remove existing hazardous conditions existing at pump stations. . .♦ ... ....a .. ....+P.. W...L.. .. W. .v. . �M.•YY..]M' ..un..7.•W.q..•�..• V•YW. .+Wr.n..i^i^MM1 ... Nr �. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 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 Nater Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. The contractor 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. Howard Holmes BIMID P.O. Box 244 Bethel Island, CA 94511 684-2174 I 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. 1 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 I G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-22 1 Bethel Island Municipal Improvement District BUDGET PERIOD: April 1, 1985 - March 31, 1986 P.O. Box 244 Bethel Island, CA 945111 (a) (b) (c) (d) i Budget Item CD Funds - $ +Other Funds - $ =Total - $ I 11-22 Renovation of; Pump 3,700 * 3,700 Stations I - construction - misc. I I I I I I 'I * District General Funds i e TOTAL $ 3,700 $ -0- $3,700 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. 1 (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contract Payment Limit for CD project. I I I j � Bethell Island Municipal Improvement District 3085 STONE ROAD POST OFFICE BOX 244 j BETHEL ISLAND, CALIFORNIA 94511 i (415) 684-2210 I N rz RESOLUTION =s a I I j The Board of Directors of the Bethel Island Municipal Improvement District hereby resolves: 1 . i To approve the 1985-86 Community Developement I Grant Program Project Agreement with the County I of Contra Costa, Contract No. 11-22, for the renovation of pump stations in the amount of $3,700. 2.j That the President of the Board, Howard Holmes, is authorized to execute the above-mentioned Agreement on behalf of the Bethel Island Municipal Improvement District. I I j I hereby certify that this is a true and correct copy of an action taken on May 16 , 1985 and entered in the minutes of the Board of Directors on the date shown. I Dated : May 18, 1985 I Reginia C. Worth cording Secretary I I I I I I I I i I I s. Pacific Community Services 501 RAILROAD AVENUE P.O. BOX 1397 PITTSBURG, CALIFORNIA 94565 (415) 439-1056 a RESOLUTION # 85-1 BE IT RESOLVED that the Board of Directors of Pacific Community Services, Incorporated (PCSI) does authorize PCSI to enter into Agreements with Contra Costa County as follows: AGREEMENT IDENTIFICATION NUMBERII-4ACTIVITY NUMBER 7, effective April 1, 1985, terminates March 31, 1986, not to exceed $50,000. BE IT FURTHER RESOLVED that the Board of Directors of PCSI does hereby approve and authorize Harry Freed, President and Steven Giacomi, Executive Vice-President to execute the subject Contract Agreements with Contra Costa County on behalf of PCSI. I HEREBY CERTIFY that the above and foregoing Resolution was duly passed by the Board of Directors of PCSI at a regular meeting held on the 19th day of June, 1985, by the following vote: AYES: 18 NOES: 0 ABSENT: 6 BY: Secretary BY: President TO: BOARD OF S*ERVISORS E MOM: Anthony A. Dehaesus Contra Director of Community Development Costa DATE: May 22, 1985 County SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) Program Project Agreement and Carryover of Certain Funds: Contra Costa I peal Sal;virac Enundatinn SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION REOCMMENDATION: Authorize the Chairwoman to execute the Eleventh Year CDBG Program Project Agreement with the Contra Costa Legal Services Foundation, Inc. implementing Activity #7 - Housing Counseling with a payment limit of $23,727. 59 comprised of $20,000 in llth Year funds and $3,727.59 carried over from the 10th year contract. FINANCIAL IMPACT: 100% Federal Funds (HUD) . BACKGROUND: Contra Costa Legal Services Foundation (CCLSF) provides housing counseling services , conducts legal education workshops for housing counselingagencies and coordinates housing referrals with other agencies. CCLSF also handles individual housing cases involving private property for low and moderate income people. CONTINUED ON ATTACHMENT: YES SIGNATUAll, i RECOMMENDATION OF COUNTY ADMINISTRATOR ECO M DATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S)9 �V7 ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Community Development ATTESTED County Administraotr Auditor PHIL VTCHELOR, CLERK OF THE BOARD OF County Counsel. SUPERVISORS AND COUNTY ADMINISTRATOR Contractor M382/7-83 BY DEPUTY r • PROJECT AGREEMENT• i COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-7 1. Agreement Identification. Department: County Planning Department . Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Contra Costa Legal Services Foundation Address: 1017 Macdonald Ave. Richmond, CA 94801 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 $23,727.59 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, 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 NTRAC By: By: Chairwom , Board of Supervisors Designate icia apa ATTEST: Phil Batchelor, County Clerk of the Board of in O ga ization) Supervisors and County Administrator By: Sec1,6�0ry B ow signate Official Capacity Y� in Organization) De uty Recomme d by Depa ent Note to Contractor: (1) If a public agency, designate. official capacity in public agency and attach a certi- B , fied copy of the governing body .resolution Anth A. Dehaesus authorizing execution of this agreement. Form Approved: Cou 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. .t Deputy (Affix Appropriate Acknowledgement Form) STATE OF CALIFORNIA On this—'/ day of in the-- COUNTY OF Df nA–ra a6 I before me i V a Notary Public, State of California, Iduly commissioned and sworn,personally appeared I mor, personally known to me(or roved to me on the basis of satisfactory evidence) to be theof the corpora tion r�eent that executed the within instrument, and also known to me to be the ROSE MARIE LOMATO ® NOTARY PUBLICrCALIFORNIA person who executed the within instrument on behalf of the corpora- Principal Ottica in Contra Costa County My Commission E>Epires AfiO.t4,7967 tion therein amed• and acknowledged to me that suc corporation executed the same �rpi Pr-:Ej i6al P P msg-Y7 I IN WITNESS WHE EOF I ve hereun o set my hand and affixed i my o eial seal in Vabn a Ths doc�mlanl u wy a g mail form wNdl may be proper for ax m simple on a to set fo it ert'f5ca te. trnaecboro and in ro way acv a b mrmded b ad.ea a aubamele for die advice of n atlorney.Tho Wt4.Wwr doss rot maka:my wnamy either ogxasi a implied n fo 9u legal yandrty of any pram or M Pm Idy of them form In ny epaodn trertvc . Nota Ub1iC, State Of Cowdery's Form No. 28--Acknowledgement e of CaliforniaCa to Notary Public—Corporation(C.C.Secs. 1190-1190.1) My commission expiresy — y STATE OF CALIFORNIA i On this_ Z'SAIX, day of f�� in the year COUNTY OF l � ��'� – — before me � a Notary Public, State of California, duly cioned and worn, ppe tonally appeared ommiss j personally kn tome(o proved tome on the basis of satisfactory evidence) to be tof the corporation OFFICIAL S004 that executed the within instrument, and also known to me to be the ROSE MARIE LOVATO NOTARY PUBLIC-CALIFORNIA person who executed the within instrument on behalf of the corpora- Principal Office In Contra Costa County My Commission Expires Aug.14,1987 tial therein a Ied, and ack/Howled d to me that such corporation executed the same rd I �G T' �1lCIz 1/77 i IN WITNESS WHEREOF I h e hereunto set my hand and ajTlxed my ofTic' 1 seal in the County of ec T,,,,,a,,W;cr4 e9„e,,,fa,,,,„„b, ybepr a�„n,„o. on the a et forth ab ve ' i c rtificate. traniaciina ab n m w.y arn,a is Irrta W act,m e auo We for tl .Crio d N anorray.Tb NN.s ,Eoe,not make any ww.rly atcaa e�..d vM[W M m 076 e»�qw.renyo1"pro.ialonnn,..u:a Idyanas. .many,00cnctrensac . Notary Public, State of California Cowdery's Form No. 28—Acknowledgement to Notary Public—Corporation (C. C. Secs. 1190-1190.1) My commission expires . I i Page 2 I i EXHIBIT A CONTRA COSTA-COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 f PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10-7 Housing Counseling/Legal Assistance Contra Costa Legal Services Foundation (CCLSF) will conduct and handle housing cases involving private property and projects designed to maintain or increase housing opportunities in the County for low and moderate income people. Legal education workshops will be conducted for groups and agencies concerned with housing. Referrals will be coordinated with the Housing; Alliance, Pacific Community Services, Inc., United Council of Spanish Speaking Organizations, and other agencies and community groups. CCLSF will handle individual housing cases involving private property for low and moderate income residents of the County. As a direct result of the interaction described above, Legal Services will be an active participant in a network advocating for establishing and maintaining county- wide affordable housing dedicated to increasing cooperation among interested groups promoting the supply of decent, safe and affordable housing. it I 1 i 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. I i Work Item Start Date Completion Date Housing Cases i 4/1/85 3/31/86 Referral Coordination 4/1/85 3/31/86 Community Workshops/Education 4/1/85 3/31/86 I I C. PROJECT GOALS Contractor shall define project objectives. 1. Participation in an effective county-wide affordable housing network. 2. Work on two major lawsuits or impact projects. 3. Conduct community education workshops as requested by the community. 4. Improve referral coordination of housing groups in the County. 5. Handle housing eases. I i , Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations. including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. I . . 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services.' The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. i 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 such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit.to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. The contractor agrees to keep fire insurance in force for the life of the activity where CD funds are used in the acquisition of said property consistent with the provisions of Paragraph 19. Insurance, of the General Conditions of the agreement. 11. The contractor shall deliver to the County a Deed of Development Rights, in the form prescribed by the County, concurrently with. taking title to property acquired with Community Development Block Grant funds. E. PROJECT ADMINISTRATION Contractor shall indicate who will be responsible for administering the Work Program. i Mark Goldowitz, Executive Director Contra Costa Legal Services Foundation 1017 MacDonald Avenue Richmond, CA 94802 (415) 233-9954 i r • i Page 4 I PROJECT WORK PROGRAM I F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit, quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-7 Contra Costa Legal Services Foundation BUDGET PERIOD: April 1, 1985 .=. Marth 31, 1986 1017 MacDonald Ave. Richmond, CA 94801 (a) (b) (c) (d) Budget Item CD Funds -$ +Other Funds - $ =Total - $ 11.7 Housing Counseling $23,727.59 $ -0- $23,727.59 - Salaries - Fringes - Travel - Overhead ' - Misc. I I I e TOTAL $23,727.59 $ -0- $23,727.59 Notes: (a) ;Detailed categories pursuant to OMB A-102. i (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)j Contract Payment Limit for CD project. I i 7 7— i i 1 I I CERTIFICATIONS 1. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar*action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 1.04(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status -of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will;be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086,'and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; I i . I i 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 1;1988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234'); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant,' and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD, and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 i I i I I I , I GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United.States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows:- (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) 'Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) ' Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this.Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. I i I I Page 2 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document; executed by the Contractor and the Contra Costa County Board of Supervisors, subject ;to any required State or Federal (United States) approval. I (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 itsl 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. Dispute's. 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. i 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. 1 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. I I 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 ofithe 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". i i. I i i I i i I Page 3 j • i 17. Confidentialitv. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but! not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No ,person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the - administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of;a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and 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) 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) AVorker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by; deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 i i 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 18, 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. . i 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. f 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 islno longer needed for the original intended purpose within 20 years of acquisition, willi be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la i i i i l PAYMENT PROVISIONS 1. Pavment%Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance . with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Pavment Limit of this Agreement, County will pay Contractor anf 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. i Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the. terms and conditions of this Agreement, County may make necessary adjustments in;payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. K 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 I I i I 1 I I I I 1 1 I 1 I TO: BOARD OF $*ERVISORS • FROM: Anthony A. Dehaesus 1 Contra Director of Community Development Costa DATE: May 22, 1985 I County I SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) Program Project Agreement: Volunteer Center of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to execute the Eleventh Year (CDBG) Program Project agreement with the Volunteer Center of Contra Costa County implementing Activity #11-26 - Volunteer Coordinator with a payment limit of $10;000. FINANCIAL IMPACT: i 100% Federal ' Funds (HUD) . BACKGROUND: r This agreement will provide funds to augment United Way funds to staff a volunteer coordinator who will recruit, hire and train volunteers to work in human service delivery agencies in East County. The goal of this pro- ject is to place 36 volunteers in 18 service agencies in East County. I I I I I I I I I lI I CONTINUED ON ATTACHMENT: YES SI AT RE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED _ OTHER i VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Community Development ATTESTED County Administrator Office P IL BATCHELOR. LERK OF THE BOARD OF Audi tor-Control l e'r SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Contractor GG?�� - M382/7-e9 BY -���, DEPUTY I / PROJECT AGREEMENT -" COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM I Number: 11-26 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Volunteer Center of Contra Costa County Address: 3243 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 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 $10,000 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to'all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Certifications" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained!or incorporated herein. 8. Pry. 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, CALIFORNIA CONTRACTOR 'Di .x Y BycBy: Chairwom ,I Board of Supervisors Designate O ficial-•Capaei'ty ATTEST: Phil Bath elor, County Clerk of the Boar of in Organization) Supervisors and County Administrator By: A By. Designate Offilial acity Dg uty in Organiz io Recomme de by Depar / ent --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 Anth n A. Dehaesus authorizing execution of this agreement. tproved: (2) All others: Execute acknowledgment.; m County Counsel 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) STATE OF CALIFORNIA On this 6 th - day of May in the year COUNTY OF CONTRA COSTA Nineteenighty- 3 ve before me _ Donna M. Covello —, a Notary Public, State of California, - duly commissioned Donald pgrsondll%appeared JoAnne Erickson C. y personally known to me(or proved to me on the basis of satisfactory evidence) Efp7NOTARY SEAL ! to be the President Vice-Presidentf the corporation OVELLO CAUFORNA that executed the within instrument, and also known to me to be the A COUNTY person s who executed the within instrument on behalf of the corpora- pee 1'1887 tion therein named, and acknowledged to me that such corporation executed the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the_Contra Costa County of California This document is pay a peroral form which may ore props,for use in simple on=thedatet forth ove in thif� rtifica te. liarsssicti end in n0 way acb,to is intended W act,m a Shtsttu%tot the �/{/a adyipea on ada:rey.The puplbhe(Mas rot make enY warranty acre,aepreas or implied as to i1 i LC/ f the legal vddiy of vry phwwon or de sudab ay of deea forma in any W odic trense . "V otary Public, State of California Cowdery's Form No. 28—Acknowledgement to Notary Public—Corporation(C.;C. Secs. 1190-1190.1) My commission expires Z)f'C /� /�� I �� j ! • • Page 2 l j EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION i 11-26 Volunteer Coordinator The Volunteer Center will improve the service delivery of 18 human service agencies in the Antioch, Brentwood, Oakley and East area of the County through the effective use of 36 volunteers. We shall identify agencies to use volunteers through a survey. We shall hire and train staff to work with agencies. We shall work with agency personnel to develop volunteer positions. We shall provide workshops and consultations to support agency personnel. We shall recruit volunteers to work in the agencies. We shall support and nurture the growing volunteer programs. We shall evaluate effectiveness of volunteer programs. All participating agencies will have effective volunteer programs in place by the end of the fiscal year. I I I 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 Hire/Train Staff April 1985 June 1985 Survey Agencies April 1985 June 1985 Develop Volunteer, Jobs July 1985 September 1985 Recruit Volunteers August 1985 March 1986 j I I C. PROJECT GOALS, I Contractor shall define project objectives. To improve human service delivery through the placement of 36 volunteers in 18 services agencies in East County, thereby improving the effectiveness of service delivery through volunteer programs. I I i 10 I Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 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 Iaws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. The contractor 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. Jane Beatty; Executive Director The Volunteer Center of Contra Costa County 3243 North Main Street Pleasant Hill , CA 94523 934-0424 Page 4 • I I PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's I staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-26 i Volunteer Centerlof Contra Costa County BUDGET PERIOD: April 1, 1985 - March 31, 1986 3243 North Main Street Pleasant Hill , CA 94523 (a) (b) (c) (d) Budget Item I CD Funds - $ +Other Funds - $ =Total - $ I 11-26 Volunteer $10,000 $12,700* $22,700 Coordinator - Salaries - Fringes j - Travel I - Supplies - Misc. I I I I " * United Olay TOTAL $ 10,000 $12,700 $22,700 i Notes: (a) Detailed categories pursuant to OMB A-102. I (b) Item's 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. I (d) Sum! of (b) and (c) above including both Community Development and non- community Development funds. (e) ContI ract Payment Limit for CD project. i J I CERTIFICATIONS I. The grantee/contra Ictor hereby assures and certifies that it will comply with the regulations, policies; guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative 'of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. i (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; I (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) Consenits 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 5815; and (2) Is authorizied 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: I (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations' ssued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) ExecutivejOrder 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; I (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; I I I I I lie Certifications - Page 2 i (9) The regulations, policies, guidelines and requirements of O%MB 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; i 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 req Iuirements 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; I VI. Executive order 11,988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234);,!and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 i I I I I i I i GENERAL CONDITIONS 1. Complianlce with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of thie County, the State of California, and the United States Government. 3. Records. I 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: i (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. i I (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 irequirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform , and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement mayibe 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.0!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. I 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. I . Page 2 • • 8. Modifications and Amendments. (a) General Ahreements. 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. I (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisionsi 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. i (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 ini writing and shall be at the sole discretion of the County. 9. Disputesi 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. 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 touchingl 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. 1 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original ';Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances" I I I I I I I - I i Page 3 • • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any 'purpose not directly connected with the administration of such service. (b) No !person will publish or disclose or permit or cause to be pulbished or disclosed; any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 1 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right ti 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. i (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. i (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. i I (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,i or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. I (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) Addlitional 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 addressi designated herein. The efective date of notice shall be the date of deposit inthe mails or, of other delivery. II I , Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. (a) if the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such :real property or such other- evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, ali 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 i i I i I I i I i PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, fop any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit iof its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any'allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount' to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. I I I i Page 2 • I • i The Contractor shall provide County with a Certification of its Cost Report required under this Contract: Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (CostlReport 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 exp-essed 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 unde0his Agreement. DF/jal/la 3/16/82 I i I I I I i j i I I I I • TO: BOARD OF; SOF-RVISORS Y (�y1 FROM: Anthony A. Delaesus COCItI"a Director of Community Development _ Costa DATE: May 15, 1985 County SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) Program Project Agreement: West Contra Costa YMCA, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION i i RECOMMENDATION: i Authorize the Chairwoman to execute the Eleventh Year CDBG Program Project Agreement with the West Contra Costa Young Men's Christian Association, Inc. implementing activity #31-Handicap Access Improvements, with a payment limit of $12,500. I FINANCIAL IMPACT: 100% Federal Funds (HUD) I BACKGROUND: ' This project will provide funding relative to the ramping and handicap access improvements for two restrooms at the Pinole Family YMCA. This will allow better accessibility for physically handicapped and disabled children allowing increased participation at community events. i I I i i I CONTINUED ON ATTACHMENT: YES /: V RECOMMENDATION OF COUNTY ADMINISTRATOR COM14ENDTION OF B AR COMMITTEE APPROVE OTHER i SIGNATURE(S) ACTION OF BOARD ONe% APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS' UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: ;NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Community Development CC: County Administrator ATTESTED / Auditor-Controller County Counsel : PHIL ATCHELOR, CLERK OF THE BOARD OF t y Contractor SUPERVISORS AND COUNTY ADMINISTRATOR M382/7-e3 BY -��/pl DEPUTY i I PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-31 1. Agreement Identification. Department: 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: West Contra Costa YMCA, Inc. Address: 3919 Macdonald Ave. Richmond, CA, 94805 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 $129500 . 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 Apri 1 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: �(�i=Q-u-a-�2�/��C� B Chairwo , Board of Supervisors Designate Official Capaci y ATTEST: Phil Batchelor, County Clerk of the Board of in Organization) Supervisors and County Administrator By: ADesigate Official Capacity By: . ' in Organization) eputy Note to Contractor: Recommende by Depar ent (1) If a public agency, designate official capacity in public agency and attach a certi- fied copy of the governing body resolution Z authorizing execution of this agreement. Anth n . Debaesus (2) All others: Execute acknowledgment zovedL. Coun Counsel form above, and if a corporation, designate official capacity in business, execute acknow- By: / ledgment form and affix corporation seal. A� Deputy (Affix Appropriate „ Acknowledgement Form) STATE OF CALIF ORN�I+A On this�(p day of ( in the year COUNTY OF CMh l TS10, —� — before me a Notary Public, State of Caiifor ia, du l commissioned and sworn, personally appeared S OFFICIAL SEAL ^C 1 f U(T ..�. ERIC S. ZELL d NOTARY PUBLIC-CALIFORNIA personally known to me(or proved to me on the basis ofsatisfactory evidence) CONTRA COSTA COUNTY My comm.ex*u MAR.17,1889 to be the ?MwiinS of the corporation that executed the within instrument, and also known to me to be the personSwho executed the within instrument on behalf of the corpora- tion therein named, and acknowledged to me that such corporation executed the same IN WITNESS WHE (E� 1OF I have hereunto set my hand and �{fixed my official seal in the lellPb PAIL County of 6 \ �� This dopunent a prey a pmrnl form whch may be paper for use in MMOM A— on th date set forth above in this certificate. twoscdons snd in ro way sm.or a ImsrMod b M.as o subsMute for me sdv of so ad000 y.The putfLOW does rot maks my wanaay eller express or unplmd as To foo mgm vwkwy of M'p000 ,n or dr su,t&psdy of dress forms m any specs)[pensee ion. Cowdery's Form No. 28—Acknowledgement Notary Public, State of California to Notary Public—Corporation(C. C.Sees. 1190-1190.1) My commission expires MOAC V1. 17, IS 8 Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-31 Handicap Access This project will provide _for ramping and handicapped access for two restrooms at the Pinole Family YMCA. These facilities will allow for rn;-)-instreaming -she physically disabled children into the YMCA's activities, as well as`:allow, puhiic .acc su• rc, community events at the YMCA. facility located at 2454 Simas Avenue;. .' :ale. B. PROJECT TIMF SCHEDJ%.Z Time Schedule on a m<;nth-by-month basis for the °•'-Jove Project indicating major activity .items are expecm—i to be undertaken and co­ ed. Work, Item Date Completion bat. iacpare hid Specifications 4/1/85 5/1/85 issue Bid 5/1/85 6/1/85 Award Bid 7/1/85 Begin Construction 12/15/85 1/15/86 Pass Final Inspection 2/1/86 C. PROJECT GOALS Contractor shall define project objectives. A. Allow for handicapped accessibility, thereby providing mainstreaming activities for children. B. To increase public access of the YMCA's multi-purpose room to extend to the disabled population. C. To increase the licensed capacity of the YMCA Children's programs to accommodate increased use by the handicapped by increasing the number of fixtures. D. To eliminate architectural barriers to the handicapped by ramping the entry stair area. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 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 . /�..__ •. I� ._1 .. R _. 11 J I 1 n as prove eU Uy the Coii�iLy-Fialnii�g uepartment. 2, ° . in all . antracts, pur&,...._,se agreements, contracts, invoices entered into over $100, the st -on r= :.nr shall ob �iin the required signed Equal Opportunity/Section 3 Compliance Form .;ned by the supplier se?vice prior to the receipt of any goods or initiation of any sc.. :ices. The required forms are available from the County Planning Department. .+ All t:i ixacts under $10,000::entereci into shall be in compliance with procurement „�. !s contained in-Offic . .agement and Budget (OMB) Circular A-102. 0 and any other ep a7.( JD regulations. 4. In all construction contracts oven, `,000 enforce and administer Labor SI.-,,Aards Requirement:? in accordance with Titi . I of the Housing and Communkt.,,� ,r,ent Act of 1974, HUD Handbook 1344.1 - Labor Standards Administration 7. ..1force ment, Community Development Block Grant Program, and as provided in t`,sc ;."Ompli- ance Guide cited. 5. All construction contracts over $10,000 shall be in complaince with bid procedures contained in the Complaince Guide cited. 6. All construction contracts over $100,000 shall be in complaince with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Ken Stein, General Director 3919 Macdonald Ave. Richmond, CA 94805 (415) 233-7070 • I Page 4 - I I PROJECT WORK PROGRAM - I F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representa- tives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work' performed by sub-contractors. i I G. CONTRACTOR'S DETAILEb f ix['i..i : .• •_;i<C jl �iEDULE CONTRACTOR: ACTIVITY NUMBER: 11-31 West Contra(Costa YMCA 3919 Macdonald Ave. -Richmond, CA 94805 i BUDGET PERIOD: May 1, 1985-March 31,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 11. Renovating of YMCA $ 12,500 $ -0- $ 12,500 Construction Labor Materials i Supplies Misc. i (e) TOTAL $ 12,500 $ -0- $ 129500 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. 2a i I I i CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee i to submit the final statement, all nderstandinrr .and assurances contained therein, and directing and authorizing t c .,:�• on identj::; as the official representative of the grantee to act in cor'o-nectio.i ..,q"h the sui,:.;.`r.sion of Che final statement and to provide such additional informa.:i,,. may be rcokdred. (c) That prior to submission of its final statement to ;t0, the grantee/contra.(:"or has met .he citizen participation requirements,, prepa,r:t_i its final statement e:: com- munity development objectives and projecnd usfa:. ,`. .ends, and made t'r.:> final qta';"meat availah!l to ':. r:= „":f ' . - "• 1 !a)(2) of the Hou -In^ _cr::munity (�evelopi�i ,: Act o1 ;`: is following a current. housing plan which hay -:^en approved by HUI.. a.n" which meets the requirements ,i Section Section 1040)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR, 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; , (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Paige 2 - I (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 �egulations.at 24 CFR Part 42; .IV. The acouisition rgrniirements of Title TTT of.the .Uniform.Relocation. Assist_nce and Real Property Acqua 'jon Policies A,-.-.! of 1.970, and the implementing regulations at 24 CFR Part 42; V. The labor. $tan+ .is requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issu.: :'to implement such requirements; VI. Executive order 1.1988 relating to theevalu. _;.-'.ion of flood hazards and Executive Order 112 4i3 r?l.ati.ng h.e prevention, control, an, .;Latement of water pollution. The flood :. "EO(<irements of� Seci .;. of the Flood Disaster Protection AcVc` :,,;, member, officer o_ employee of the• grante 'contractor, or its designees or <:s, member of the governing body of the locality in which the program is situated; :;=.nd na other public official of such locality or localities who exercises any • furic t"..ons cr 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 land the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82, I I i i GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including ,Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspec�14tion 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 ecords as may be required by the County. Retention of Records. The Contractor and County agree to retain all documents peres E=�.ng to this Agreement for three years from the date of submission of the Annual --ice Report by the County to HUD, fixes.::*. a.F follovT7". (a) Records that are the subject 1i' Lt i9.ti findings shall Le retained io» Three yea.: iter such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. I I ' Page 2 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially.change_the Payment.Provisicnc nr the Peniart Wnrk Prnvrnm. (c) Extension of Term for Performances ?Nittr .,_ requiri.n.g C,,n''-actor to provide consideration in addition to that supporting this Agre: ent, •Lhe Coo.,Ay of Contra Costa, through its Planning Director, may grant Con�tractr �.n 'extension of time for performance, beyond that time specified above under "Ter: (Paragraph 3). Any such extension must be in writing and shall be at the sole discret:oa : ' :he County. 9. Disputes. Disagreem: its between the County hco �'ontractor concerning .thy: meaininf); regvir-ments,..,oi,. . ;c . „'anCe, `)e subject t0 determ;a : iun in writing by tle ii .�d of t,.el r'oi`nc .c:purtrr _ ch this Agreeme;.', ;. made ol. ds designee or in accordance with ti,e applicable procecures.(iY any) required by thc. ,v .i nrnc,•lt. 1.0. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with- such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement; or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not int.:.nded to and shall not be constrz.ed to create the relationship of agent, servant, lemployee, 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 itsgoverning body shall avoid any actual or potential conflicts of interest and will establish safeb ards pursuant to Paragraph 12 of the attached "Assurances". I I I 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, an&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 disclosed, Fny list of person receiving services, except as may be required in the admiinis't ,: on of such s=-. vice. Contractor agrees to inform all employees, igen<ts an::, _artners of th. .above provisions, and that any person knowingly and in.tentionf. (lisclosing s ch information other than as authorized by alw may be guilty obi% Misdemeanor. 18. lndemnifiep.<<on, • ';t€ �areby waives F '` and recourse against the County tion for.loss or-, _o persons or property arising from., of or in .,..iy way connected with .or ; . +i; nt to this Agreement except claims c ,°rom the coneurrens- sole negligence of G( !> -,:y, its officers, agents and emploveec. (b) The Contractor shall defend and indemnify the County and its of)icers, 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 fof 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. li (d) This condition shall not terminate on the date specified in the Agreement but shall remain in'full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: l (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Yorker's Compensation. The Contractor shall provide the County with a certificate of insiurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall) not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed. to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed. to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mailsor of other delivery. I I I II I Page 4 i 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph j8, 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. RtLained Fuwers. All powers not explicitly l,vested in the Contractor emain 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 commencd, (b) The Contractor shall secure accorda i .. ;Offi the approved construction plans and ;. �,:,-I`Lcdtions,, (c) If the Project includes ._ . c; :,f < :._ property, the purchas(_ price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban D--velopment (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 I I I i i i i I I I i i I PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agreeslthat County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later ad'usa tments_in.totnl. payments in ane,,,Irdance with the below provisions for Cost Report and Settlement, Audi._:, ai,.: Audit Exe.er:: _>ns, and subject to the Payment Limit. of this Agreement, Countyr,will p,;u "ontractor amount equal to Contractor's allowable costs that ace actually incurred, bu, .utject to l;`. _. "Budget: of Estimated Program Expenditures" ceiitained in the Project Work :}gram. 3. Allowable Costs. Contractor's allowable costs &:rc -rdy those which are determined in accordance with aLl. .Federal regulations, guidelFnes, ;,ulletins, and circulars pursuant to Ntle ?.of the:Hou ,no: r ;ommEm ilex rJ,, rfc;a,i _" ".974, as published it the Federar i .ter, Voltirte3s; w 220, i, ovt:JiP ..;:,, 10-174, as may be revised and ,mended. All of the aforesaid doev:<necCs are by This reference incorporated her?t :;osis 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, "Cosi: Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agree!.�;.ents with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations"; except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this ;Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. I 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures mayl 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. I I I 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 tl at 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 Prn7Pcgad by Annhergh1p.. State or Federal regulations, policies or contracts, but in no event. Later than 1.8. mont" from the ter rrA,�tion date of this Agreement. If such audit(s) show that the payments ur-le by .County puesuant to Paragraph 2 (Payment Amounts) above exceed the allowable cos . that have roc:tually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above then (:,.;tractor 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 ::ontactor under this Agreerrie:,-il: exceed the payments made by County pursuant. to 'Paragx ph 2. (Payment Amounts) .h1,c r including any adjustments made n,e,-,ort and Settlem; , then County agrees to pay to Go 1-: . k :: r a,,}, a +.ec^:'- �12oL!?"fi, but subject to int Limit of this Agreement. Audit jExcepti.ons. addition to its oblibr guns under Paragraph 8 (Audits) above; c:,:)ntractor; 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 coi` 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 I I • i . 1 RESOLUTION ;The Board of Directors of the West Contra Costa YMCA, Inc. here- WEST CONTRA COSTA ;by resolves: YOUNG MEN'S CHRISTIAN 1. To approve the 1984-85 Community Development Block Grant ASSOCIATION Program Project Agreement with the. County of Contra Costa 3919 Macdonald Avenue Activity #11-31 for elimination of architectural barriers to Richmond, CA 94805 ;the handicapped at the Pinole Family YMCA, pursuant to the (415) 233-7070 Housing and Community Development Act of 1979, in the amount OFFICERS: sof $12,500. Tom Edwards-President Dr.John Tysell-President-Elect Bob Miller-Vice-President 2. The President and the Secretary of the Board are hereby auth- Irene Sindicich-secretary Mark Wilson-Treasurer orized to execute the above mentioned agreement on behalf of COMMITTEE CHAIRS: .the West Contra Costa YMCA, Inc. Bob Neptune-Strategy Oscar Erickson-Development Joanne Sidwell-Manpower I certify that in a duly constituted meeting of the Board of Mark Wilson-Camping Directors held on April 18 1985 with a quorum of twenty (20) J. B. Harrison-Cam in r r Janice Mettler•Education Ed Lane-Aquatics members present, this resolution was unanimously passed. This Mindelyn Buford-Comm.Services his a true and correct copy of the above resolution. CORPORATE BOARD OF DIRECTORS John Balsiger Irvin Mettler n Connie Blackman Jenice Mettler Anna Blackman Many McNair GDated: April 18, 1985 �✓\�y�-Z,{�y ax.� (� eorge Boring Tom Boyce,DDS Jeff Micklas Miller iBob Mller To.Mike Brisbin Lou Mo Irene Si-ndlcich, Secretary Lsveron Bryant William Nelson,Jr. Mindelyn Buford Robert Neptune West Contra Costa YMCA -Inc. RRooppear Burt LaVonne Niccolls Babas Cross Fred Nieman ,. Donal D.Davis Tim Outman 1_ Charles Dorton Per Person Tom Edwards Michael Peterson Oscar Erickson Jane Rutledge Susan Estes William Saner Jane Felty James She. Card Frank Joanne Stowell JoAnn Ganotil bens SiMicich Dr.Hal Greenlee At Starosciak J.B.Harrison David Sylstra Malcolm Hunter Doug Swager Ken Killer Warren Trundle Shirley Kille Dr.John Tysell Chari King J.A.Vincent T-•Z Raymond Lamben Bill Whiting Ed Lane Mark Wilson �•� =�x} CnWy LMapCharles Wright (._� Lloyd adtllaecen Eric Zell - Don Malin Sy Zell Joe Meneghini John Zuomnhenne CZ ;n DIRECTOR'S EMERITUS A.H.Batchelder Evelyn McLaughlin C? Warren Brown,Jr. Ernest Malin _ Henry Covell Dr.Meridith Morgan .•% Fred Culmor Frances Palmer c7 Lee Rocchini Homer Patterson Heinz Frank Richard Plate t� s S.C.Masterson Robon Rosine Adolf May C.E.Rutledge Cad Mayers Ben Wilson Elmer 1ACCormick i I ` To: BOARD OF SSERVISORS €3 !=ROM: Anthony A. Dehaesus Contra Director of Community Development Costa "DATE: May 15, 19851 K County SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) Program Project Agreement, and Carryover of Certain Funds : Diablo Valley Housing Corp SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION i RECOMMENDATION: Authorize the Chairwoman to execute the Eleventh Year CDBG Program Project agreement with the Diablo Valley Housing Corporation implementing activity #11-8-Non Profit Housing .Corporation comprised of $3,667.85 in 10th Year carryover funds and $20,000 new 11th Year allocation for a payment limit of $23,667.85. ,I FINANCIAL IMPACT: 100% Federal Funds (HUD) I BACKGROUND: I This is a continuation 'project from the past two program years. DVHC is •a non-profit housing development corporation created to develop affordable housing in Contra Costa County. In addition to; developing affordable units in Concord and Walnut Creek, DVHC will work towards developing. affordable housing in central and west Contra Costa County during this program year. ! i I I I i I I � CONTINUED ON ATTACHMENT: YES SIGNAT E: RECOMMENDATION OF COUNTY ADMINISTRATOR RECO M EN ATION BOARD OMMITTEE APPROVE OTHER i SIGNATURE(S) ACTION OF BOARD ON Fir APPROVED AS RECOMMENDED OTHER I VOTE OF SUPERVISORS I T UNANIMOUS (ABSENT! I I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Community Development ATTESTEDIiOZ� County Administrators Office PHX BATCHELOR, aERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Contractor ` M 9 R:/7-R 9 BY ------------_— D E P U T Y 4°b�;l 1'vlaenc ri Y°� aZyota area t�g�actotY°�t4°tae tre o�ea lob the �to b ioa t . ok co o ea � ��o�r11�t a�f CO on a ° a�g° o�`�i it oil,,p txe� �°�, aritl Qrit co 4 8 � ate e l°<< eriC ��gct�t4 at sic l I¢d a ate eon ar �ngts� Ititit+ ett� 11Q' d° 119 ico° / Within at%N I[aged to to get at9"°'ll bo thug c ! ;,a G a to 1e I o� F+© y pet$o the e toa the o exer a acVo li b ve hese £0 'h ahoy�` of Ga C 1 �, F he c %V ra a t°h -eco et/a°,eaa �� � 0�,1�11 0�the as CO �u,j,1�� oat e 165 e 1 eo .a t1 t3 th n Baa the g� �A'��gear' mm• S� • g0 m '0"�yc",°" g4ti lgp? ldrM a+ aet9 yo G°-3-------- i II wI STATE OF CALIFORNIA On this 14th day of Mayli �n1the year 1985 f COUNTY OF Contra Costa — ` I before me ,1 I1 Maureen Magrath a Notary Public, State of California, duly commissioned and sworn, personally appeare' James Heilbronner personally known to me(or proved to me on the basis ofsatisfactoy'evidence) to be the Chairman ll lofthe corporation OFFICIAL SEAL I;) rp MAUR'EEN MAGRATH that executed the within instrument, and also known to me to be the fa NOTARY PUBLIC -CALIFORNIA person who executed the within instrument on behalfofithe corpora- CONTRA COSTA COUNTY -� My comm. expires MAR 18, 1988 tion therein named, and acknowledged to me that such corporal o'n executed the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the �'� County of Colntra Costarq 7103 aomeoee;,,w a c wa1omn~roar„proper for Use rn vWfe j on the date set,forth a ve in this certiflirate. oenesitions ana n no.ay ecu..M"en000 to W.as a Su Mute for ero eCYica d N tCtaroY.lir W WLM111er Coes not make any Warr"ermer express a ro pW os to ft ty7d veaMy d any prow"01,or ft t Irty of Mese totme n any speceic eeneecoon. Notary Public, St ' 'Io£California Cowderys Form No. 28—Acknowledgement I I t to Notary Public—Corporation(C. C.Seca. 1190-1190.1) My commission expires II11 Marchi I18, dJ11988 �� J PROJECT AGREEMENT C01bIMUNITY DEVELOPMENT BLOCK GRANT PROGRAM _ Number: 11-8 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: Diablo Valley Housing Corporation Address: 1990 N. California Blvd. , Suite 830 Walnut Creek, CA 94596 3. Term. The effective date of this Agreement is May 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 $ 23,667.85 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, 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 � 1 By: By: ChairwomaU, Board of Supervisors MesWate Official capacity ATTEST: Phil Batchelor, County Clerk of the Board of in Organization) Supervisors and County Administrator n' (� By: i, By: (Designate Official Capacity rr�gl�n i De uty in Organization) Recommen d by Depent Note to Contractor: (1) If a public agency, designate official ar capacity in public agency and attach a certi- By: fied copy of the governing body resolution Anthtty y . D esus authorizing execution of this agreement. (2) All others: Execute acknowledgment orm App oved: Coi Counsel form above, and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. By: Deput (Affix Appropriate Acknowledgement Form) - I Page 2 EXHIBIT A CONTRA COSTA COUNTY I COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-8 Non-Profit Housing Corporation Diablo Vallev (Housing Corporation is a non-profit housinn development corporation that was created to develop (and/or facilitate the develop- ment of) affordable housing in Contra Costa County. DVHC has acquired two city owned parcels in Concord for affordable housing projects and has reached an agreement for affordable units in an apartment project planned for Walnut Creek. In addition to pursuing several large school district properties being sold in 1985, DVHC plans to begin a concen- trated search for infill property in the urban county, publicly or privately owned, in 1985-86. i i B. PROJECT TINIE 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. I Work Item Start Date Completion Date Selection of Director from May 1985 Sept. 1985 West County Site Search, lUrban County May 1985 Ongoing Site Acquisition May 1985 Developer Selection May 1985 Construction ;of Housing Project May 1985 Assistance to Housing Developers May 1985 Ongoing Purchase of Bond Financing, Jan. 1985 Jan. 1986 County Program C. PROJECT GOALS Contractor shall define project objectives. i I DVHC plans to complete the planning process on the three currently active projects and: begin construction on all three by the end of the 1985-86 program year;. These projects are in Concord and Walnut Creek will total 419 units, with 92 units affordable to low income nersons. DVHC will work towards developing affordable housing in central and west county. I I I .. _ v+ r—.� .1« ..u. . �� ...�..s ..ra..w«a.�.�w- -_-.�_-e-... -...n.Y!*—. ..rrry� .—M�+Yv+�•w•r+.w—. i r � Page 3 I PROJECT WORK PROGRAM _ D. PERFORMANCE;STANDARDS The performance 'standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. I 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment 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_, containe&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. 1 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain . documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit'to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. The contractor 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. Don Lachman iExecutive Director ;Diablo Valley Housing Corporation 1990 N. California Blvd. , Suite 830 ;Walnut Creek, CA 94596 1947-6818 Page 4 I PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor! shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor, shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-8 Diablo Valley Housing Corporation BUDGET PERIOD: May 1, 1985 - March 31, 1986 1990 N. California Blvd. , Suite 830 Walnut Creek, 'CA 94596 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - $ 11-8 Non Profit Housing 18,667.85 * 18,667 .85 Corooration - Salaries' - Fringes - Office Supplies - Travel - Misc. - Pre-development 5,000 5,000 (urban County Project) * Other funds from Cities of Walnut Creek and Concord e TOTAL $23,667.85 $ * $ 23,667.85 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. i i • I CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That priori to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of -Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will;be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part l; (2) Title' VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; j Certifications -Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A=87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition' requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 i i GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance i hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's, regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: . (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) ' Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement'may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any,:no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid .the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. ,I Page 2 ' 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph .3). Any such extension must be in writing and shall be at the sole discretion of the County. i 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreemenf shall be subject to final determination inlwriting by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of .this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or ;the list of its governing body as changes in such governance occur, if contractor is a ,corporation. Contractor promises and attests that the Contractor and any members of its koverning body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". i I I I j _ i Page 3 I 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, includinglbut 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. 1 (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) iContractor 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. i (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. I 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: i (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. i (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez,! California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. I I i i Y Page 4 21. iAyailable 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. i (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 withithe 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, wills be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. i la I I I i i I i 1 I I I I i i i I 0 i i PAYMENT PROVISIONS • 1. Pavmlent Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, ;for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit _written demands for payment in accordance with, the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit ;of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Paynient Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount Yo 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. i i I i I 1 j 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 alloiyable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If'such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. i 9. Audits 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 i i I i i IF TO- BOARD OF SUPEOISORS • Contra FR,3M: , Anthony A. Dehaesus Director of Community Development 7.� DATE: May 8, 1985 1 County SUBJECT: Approval of the 11th Year (1985-86) Community Development Block Grant (CDBG) Program Project Agreement; Carquinez Coalition SPECIFIC REOUEST(S) OR;RECOMMENOATION(S) & BACKGROUND AND JUSTIFICATION i i i RECOMMENDATION: i Authorize the Chairwoman to- execute the 11th Year (1985-86) CDBG Program Project agreement implementing activity. #11729 - Replacement of Heating System, with a payment limit of $43,500. FINANCIAL IMPACT: 100% Federal Funds (HUD) i . BACKGROUND: The Carquinez Coalition operates a childcare center on Lake. Street in Rodeo. This building was acquired and renovated with CDBG funds. The original heating system at the center was'.never modernized when the center was renovated during program year 183-84. As a result, a new system needs to be .installed in order to heat it adequately for pre-school age,children to be confortable and healthy. i i I CONTINUED ON ATTACHMENT: YES SIGNAT RE: RECOMMENDATION OF COUNTY ADMINISTRATOR REC 4ENDATIA OF BOARD COMMITTEE APPROVE OTHER .. - SIGNATURE(S) ACTION OF 90ARD ON 7 Z APPROVED AS RECOMMENDED OTHER i VOTE OF SUPERVISORS UNANIMOUS (ABSENT _ ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISOR ON THE DATE SHOWN. Community Development / p cc: County Administrator ATTESTED / l �0`� Auditor-Controller PHIL BATC LOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Contractor I M392/7-e3 lh 1 BY ' DEPUTY ' PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-29 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Carquinez Coalition , Inc. Address: P.O. Box 307 Rodeo, CA 94572 3. Term. The effective date of this Agreement is Apr i 1 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 $ 43,500 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,referenee. 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 11 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: - y: ,a, 1st V P Chairwon, Board o Supervisors Des nate Official Capacitp- ATTEST: Phil Batchelor, County Clerk of the Board of in Organization) Supervisors and County Administrator By Sec A-0 h477 I Designate OfficialCapacity By. Deputy in Organization) Recomme d d byi pa men 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 thon A. Dehaesus authorizing execution of this agreement. (2) All others: Execute acknowledgment Form r,`bved: ounty,Counsel form above, and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. By: 1 LO 8. CchPf( Qd t De ty (Affix Appropriate Acknowledgement Form) STAT:+_'?CALIFORNIA- On this_ 3 r d day of May in the year COUN7OS'• Contra Costa 1985 ',Ybefore me Betty J . Burnett -, a Notary Public, State of California, duly commissioned and sworn, personally appeared Charles Wind and Stephanie McDonald personally known to me(or proved to me on the basis of satisfactory evidence) to be the let VP R Spr of the corporation OFFICIAL SEAL that executed the within instrument and also known to me to be the BETTY J BURNETT NOTAR'f PUBLIC -CALIFORNIA person s who executed the within instrument on behalf of the corpora- ' CONTRA COSTA C^uNTv My comm. expires NOV 29, 1986 tion therein named, and acknowledged to me that such corporation executed -- the same i IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of Contra TW doci,,,niwit aonly ageneml form,~mybeWOP01 to, „inSiMle Costa on Yate se orth above in this certificate. oarewtims and kr M way acts,a is Intended m ad,as a subsotute fa the —Z41 "�e� advice al an Namey.The puClaher does rot make any Wafranty ether ewm a unpw as to INS legal validity of any pmrwian a ew sudeGdty of Naas Isms in any Wm;dk:tr,auaction. Cowderya Form No. 28—Acknowledgement Notary Public, State of California to Notary Public—Corporation(0.C. Secs. 1190-1190.1) My commission expires 11-29-86 i Page 2 I I EXHIBIT A CONTRA COSTA COUNTY j COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-29 Replace Heating System This project involves the installation of a new heating system at the Carquinez Child Development Center, 200 Lake Street, Rodeo, Ca. The site was originally acquired and subsequently renovated with Community Development funds. The existing system is very old and spare parts are not available. The building site is approximately 6,000 square feet - only 1,000 square feet are heated. i I i r i i i I 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. i 1 Work Item Start Date Completion Date i Bid June 1, 1985 June 21, 1985 Award i June 23, 1985 Installation of HVAC July 1, 1985 August 1, 1985 I i I i C. PROJECT GOALS; Contractor shall define project objectives. Replace heating system to provide more healthy environment for young pre-school age children. j I I i I it i I - I Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance 'standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropridte HUD. regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services., The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 1344.1 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in the Complaince Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over . $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. The contractor 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. Mary Blackburn P.O. Box 307 199 Parker Ave. Rodeo; CA 94572 799-3122 799-31,31 _ . _ ._ .. Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's, staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-29 Carquinez Coalition, Inc. P.O. Box 307 BUDGET PERIOD: May 1, 1985 - November 30, 1985 Rodeo, CA 94572 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - $ 11-29 Heating System $43,500 $ -0- $43,500 Replacement - Bid - Construction - Insepction - Misc. e TOTAL $43,500 $ -0- $43,500 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of '(b) and (c) above including both Community Development and non- community Development funds. (e) Contract Payment Limit for CD project. r • • CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds; for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status -of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 ofthe Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title It and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to,the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 1 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures 'and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 I 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions.thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". i • Plage 3 • 17. Confidentialitv. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and, records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance: During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liabilitv Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not'.be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit.in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of, other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such .real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la i PAYMENT PROVISIONS 1. Pavm'ent Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I .of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If'such audit(s) show that the allowable costs that have actually been'incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 i i ' CA R Q UIN Z COALIPTION, INC. P.O. BOX 307 . RODEO CALIFORNIA 94572 199 PARKER AVENUE RODEO.CALIFORNIA 94572 (41 5) 799-3131 RESOLUTION ,I The Board of Directors of the Carquinez Coalition,Inc. hereby resolves : 1 . To approve the 1985-86 Community Development Block Grant Program Project Agreement with the County of Contra Costa #11-29 for Replacing Heating System in the amount ,of $ 43 ,500. 2 . That the 1st Vice President and the Secretary- Treasurer of the Board are hereby authorized to execute the above mentioned agreement on behalf of the Carquinez Coalition, Inc . I certify that in a duly constituted meeting of the Board of Directors held on May 1 ,1985 with a quorum of seven (7) members present this resolution was unaminously passed. Thiis is a true and correct copy of the above Resolution., Dated May 2 , 1985 Secr tary CARQUINEZ COALITION,INC. Ae TO: BOAR(j OF SUP*/ISORS • Contra FROM: Anthony A. .Dehaesus Costa Director of .Communi•ty Development Costa . DATE: 9 May 1985 ', County SUBJECT: (Approval of the llth Year (1985-86) Community Development Block Grant CDBG) Program Project Agreement and Carryover of Certain Funds : Housing Authority of Contra Costa County SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION:. Authorize the Chairwoman to execute the 11th Year CDBG Program Project Agreement with the Housing Authority implementing activity #i1-6 Rehabilitation Financial Assistance with a payment limit of $265,471 .31 , comprised of $250,000 of Eleventh Year funds and $15,471 .31 carried over from the 10th year Rental Rehabilitation Program. FINANCIAL IMPACT: 100% Federal Funds (HUD) BACKGROUND: The Housing Authority was funded by the County's 1oth•Year. (1984-85) Program to implement and operate a rental rehabilitation program.. This agreement implements a follow-on program, providing financial assistance to property owners interested in the rehabilitation of rental properties in :the .Couhty. The program is designed to upgrade privately owned rental properties to provide additional lower income - housing-'opportunities, .revitalize declining areas, stabilize neighborhoods and prevent displacement of lower income tenants. CONTINUED ON ATTACHMENT: � YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR REC ENDATI OF ARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON S APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT11 ) 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 ��� / 926 County Administrators Office PHIL BAT HELOR, LERK OF THE BOARD OF Auditor-Controller' SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Contractor /n/ M3e2/7-e3 BY v DEPUTY -Of PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-6 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: Housing Authority of the County of Contra Costa Address: 3133 Estudillo Street, P.O. Box 2396 Martinez, CA 94553 3. Term. The effective date of this Agreement is April 1. 1985 and it t/rminates 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 $ 265,471.31 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, 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, CALIFORNNIIA CONTRACTOR By: By: Chairwom , Board of Supervisors e ' nate Official Capacity ATTEST: Phil Batchelor, County Clerk of the Board of in Organization) EKEC471 VE AOIAEC-MC Supervisors and County Administrator By: By: Designate Official Capacity Deputy in Organization) Re4ApproV ed by p rtment Note to Contractor: (1) If a public agency, designate official capacity in public agency and attach a certi- Byfied copy of the governing body resolution W: ounty h y A. Dehaesus authorizing execution of this agreement. (2) All others: Execute acknowledgment Fo Counsel form above, and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. By: �l�AiltiO /V/Qh Lt t - Deputy (Affix Appropriate Acknowledgement Form) Page 2 j i EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-6 Rehabilitation Financial Assistance The Rental Housing Rehabilitation Program established by the County of Contra Costa provides Financial Assistance to property owners interested in rehabilitation rental properties in the County. The program area is in the county:' s CDBG entitlement area, except the cities of Richmond, Concord, Walnut Creek, and Pittsburg. The Housing Authority, as the implementing agency, is already administering the following; Rehabilitation Programs: - HUD' s Rental Rehabilitation Program Demonstration - Round III - HUD' s Rental Rehabilitation "Grant" Program - Round I - HUD's Rental Rehabilitation "Grant" Program- Round II - HUD' s Section .312 Rehabilitati.on. P_rogram - County;'s Rental Housing Rehabilitation Program (CDBG) Funds) - CHFA Oultifamily Rehabilitation and New Construction Program - County's Second Unit Program (Funded by San Francisco Foundation) 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. I Work Item Start Date Completion Date I Operate Rehabilitation Program April 1, 1985 March 31, 1986 I I i - 1 C. PROJECT GOALS Contractor shall define project objectives. The Rental Housing Rehabilitation Program administered by the Housing Authority of the County of Contra Costa is designed to achieve four central goals. - Upgrade substandard privately owned rental housing . - Provide additional lower income housing opportunities - Revitalize declining areas and help stabilize neighborhoods moving'; toward decline - Prevent displacement of lower income tenants - 98 units rehabilitated between April 1, 1985 - March 31, 1986 i i Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulation's including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 1344.1 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in the Complaince Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in ,Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. The Contractor agrees to only draw funds at �such time as there is a demonstrated need, and the draw be in accordance with 24CFR 570.513. 11. Contractor shall deliver to the County a report on the complete status of the local Rehabilitation Program component 1;6 months after the effective date of this agreement;. E. PROJECT ADMINISTRATION Contractor shall indicate who will be responsible for administering the Work Program. Robert McEwan Housing Authority P.O. Box 2396 Martinez, CA 94553 372-7391 i Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-6 Housing Authority of BUDGET PERIOD: Aori1 1 , 1985 - March 31, 1986 Contra Costa County 3133 Estudillo Street P.O. Box 2396 Martinez, CA 94553 (a) (b) (c) (d) Budget Item CD Funds - $ +Other.Funds - $ =Total - $ 11-6 Rehabilitation $190,471.31 -0- $190,471.31 Financial Assistance - HUD Demonstration Program - Local Housing Rehabilitation - Rental Rehabilitation - Administration 7:5,000.00 63,000.00 138,000.00 e TOTAL $265,471.31 $ 63,000.00 $ 328,471.31 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. i CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status -of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part l; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section '3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders. 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section '504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting'regulations when published for effect; Certifications'- Page 2 II (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities 'with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 i GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: - (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County-may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no-other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further, Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal 'Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentialitv. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in 'the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liabilitv Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or, policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. ,All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address, designated herein. The elective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other- evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services, provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement, If; for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. � i • 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 nota 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 shrill be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If-such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant. to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 F\ TO: BOARD OF SUP*ISORS • Contra FROM: Anthony A. Dehaesus Costa Director of COMMUNITY DEVELOPMENT, l -T� DATE: April 26, 1985 `� � County SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) Program Project Agreement; Woodbridge Children's Center SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the '.Chairwoman to execute the Eleventh Year (1985-86) CDBG Program Project agreement with t1Te Woodbridge Children's Center implementing activity #24 - Child Care Building at Las Juntas School with a contract payment limit of $45,000. FINANCIAL IMPACT: 100% Federal Funds (HUD) _ BACKGROUND: The Woodbridge Children's.Center provides extended child care services for school age children attending the Las Juntas Elementary School. The Center is a non- profit corporation serving the,community area of Vine Hill, Arthur and Morello Roads, predominately outside the Martinez city limits composed of low income families. This project will provide augmenting funds to purchase a portable classroom to be placed on the Las.Juntas campus. CONTINUED ON ATTACHMENT: YES SIGN WR RECOMMENDATION OF COUNTY ADMINISTRATOR ECO ME DATI N OF BOARD COMMITTEE APPROVE .OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS /\ UNANIMOUS (ABSENT _ ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES; AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS N THE DATE SHOWN. Planning g n�. CC: County Administrator's Office ATTESTED Auditor-Controller PHIL BATCH OR, CL RK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Contractor M382/7-e3 BY DEPUTY I-W PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-24 1. Agreement Identification. Department: C%MUNITY DEVELORIENT DEPARTIIENT 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: Woodbridge Children's Center, Inc. Address: 5262 Alhambra Valley Rd. 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. County's total payments to Contractor under this Agreement.shall not exceed $45,000 . 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Certifications" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Final Statement of Community Development Objectives and Projected Use of Funds dated February 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 Chairwom , Board o Supervisors Designate Official Capae y ATTEST: Phil Batchelor, County Clerk of the Board of in Organization) Supervisors and County Administrator By. Desi to Official Capacity By: in Organization) eputy Rec4eddtment Note to Contractor: If a public agency, designate official capacity in public agency and attach a certi- By: fied copy of the governing body resolution y A. De aesusauthorizing execution of this agreement. (2) All others: Execute acknowledgment Formpprove : ouny Counsel form above, and if a corporation, designate official capacity in business, execute acknow- l edgment form and affix corporation seal. By:. 3• fit' eputy (Affix Appropriate Acknowledgement Form) STATE OF CALIFORNIA On this 24th day of April in the year COUNTY OF Contra Costa 1985 before me parol L. Walsh , a Notary Public, State of California, duly commissioned and sworn, personally appeared Laura Febus and Delores White personally known to me( r roved cn a on the basis ofsatisfactoevidence) to be the Presi�eit an a �'ery cretary of the corporation that executed the within instrument, and also known to me to be the OFFICIAL SEAL person--who executed the within instrument on behalf of the corpora- CAROL L.,VIALSH tion therein named, and acknowledged to me that such corporation executed o- off: f NOTARY PUBLIC-CALIFORNIA r Principal Ottiee in COrdTRA COSTA County the same w My Commission Expire;June 2,1987 IN WITNESS WHEREOF I have hereunto set my hand and axed my official seal in the County of Contra Costa TNS domatemba oNyageneral fomt wNM may beptopsr taeea ie simpie on the date set forth above in this certificate. aansacaona ane in no way".of o Imeratod to W.eS a aubamuta M pie adoos of M adarey.The pualMer does rot make any wananty eMror ev ws or i Ovd as to dr bagel valaMy of any pmvmwn a Ns suhabildy of those lams n any spenik aansect on. Cowdery's Form No. 28—Acknowledgement Notary Public, State of California to Notary Public—Corporation(C. C.Secs. 1190-1190.1) My commission expires June 2, 1987 Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-24 Child Care Building Woodbridge Children's Center will purchase one relocat.ab_le clp_ssroom t he placed at L,^r Juntas Elementary for the purpose of providing extended child cafe for .fool age children attending Las Juntas. Woodbridge designs it program to mest—the r •d-care )feeds of working parents. B. PROJEC' ' "i`iiVi? `;,..HEDULE Time Schedule on a month-by-month basis for the above Project indicating wi:=:n major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Acquisition of portable classrooms April 1985 May 1985 Installation May 1985 June 1985 Occupancy July 1985 Sept. 1985 C. PROJECT GOALS Contractor shall define project objectives. 1. Purchase a building on school property for the prupose of providing extended child care for school age students attending Las Juntas Elementary. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing,the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the - --- "Guide for Compliance with Assurances and Certification Under the .Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of - --any services. The required forms are available from the County Planning Department. 3. All- contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. _ -4: -..---In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce mens, 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 A7117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. - 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. Acquisition of portable building to place at Las Juntas School to provide aster school care for low income families. Condition: 1) Services must be provided to lower income families utilizing state recognized sliding scale for lower income persons and over 51% of children cared for must meet lower income oualifications. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Mary Waltz & Laura Febus Woodbridge Children 's Center 5262 Alhambra Valley Rd. Martinez, CA 94553 (415) 228=7540 ... ... :.....•.. ..._. ._ .. ._...,.:•r...+w....ea.r.m-.c^......eowas:iW,�.-r.-.+,i t<r.•s�siw-i e,'.�,iw.._. Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representa- tives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. r:ontractor shall maintain and submit Quarterly Progress Reports to the Coun�,y,� Planning Department. 3.11 Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHr, t1 : CONTRACTOR: A ;TIVITY NUMBER: 11-24 Woodbridge Children's Center 5262 Alhambra Valley Rd. Martinez, CA' 94553 BUDGET PERIOD: April 1, 1985 - October 30, 1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 11-24 Child Care Building $459000 $M00* $54,000 - Acquisition of portable building - mise. * School Dist./Woodbridge Funds e TOTAL $45,000 $9,000 $549000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contract Payment Limit for CD project. CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing-th'e person identified as the official representative of the grantee to submit the fnal statement, all understan(fln fs and <,;:"-,.nces contained 'therein, and directing and authorizing the peeson idr.t :i.f ied as lar.: . .icial representative of the grantee to act in connection with. the ~* nission oy' final statement and to provide such additional information as may 's ':-'aired. (c) That prior' to submission of its final statement to HUD,. the ::!itee/contractor has met the citizen participation reauirements, prepa ed its fin:; ;;'iatement of com- munity development objectives and projected use of; fundi yid made the final %statemr:•mt to i:hepui ^� i..: ? ic. ;•! 'r;; th^ Housing and tom* mi;, .'ry :._ .teloprnerii: Act o3: 7t;. a: it n-, ; current housing assistance r: which has been appro,.ie.d by HUD and ::w::: : a ?. t:s the t equirements of Sectioi: :;,-ction 104(a)(2) of ime Housing and Comrriuoi`cy Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give c aximum feasible priority to activities which benefit low- and moderate-income fam:JJ.i 5, or aid in the prevention or elimination of slums or blight; the final statement of :.ojected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to, accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; IL The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section . 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title I1 and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; ,.•_,LV....Tha _nc-luicitin-n ren ;i m +c n{ T;.tle !TT ..f tF c Uniform-Rel `.-+A;on Assistance anj Real Properx..y Acquis;trbn "c ac-iot• '.a?`'. --:d the implementing regulations at 24 CFR Part b,2,, `.' Che labor stanch as';rcc;.,; rents ss se- forth in ;%4 CFR Past 570, Subpart I< and HUD regulations issued i-a irnp .l:nt such requirements, V1. Executive order 11988 re:;. ':ng to the evaluation of floodhazards and Executive Order i!282, r_-latin :;,.,ii p F i:.on, control, and aba: _.,.- water pollution. The flood - . Section D2(4 -)d Disaster Protection Act of • ' ' 1:92: VII., No. im, r, officer or ernployct- :f the grantee/contract:: , or its designees or agents, no member of the governing body ot: 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 tenni- or for one year thereafter, shall have any interest, direct or indirect, in any contraci: 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 I mployees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. ;i. Records. Contractor shall keep and make available for inspecftn by authorized epresentatives of the County, the State of California, and-the United States Government, she Contractor's regular business records pertaining to this Agreement and such a~ '!;tional records as may be required by the County. 4.: t Retention of Records. The Contractor and County agree to retain all d%a:uments pertaining to sl=rc Agreement for three years from the date of submission! of ''i.F =r knnual Performa�­ -t by the County to HUD, except as. foll,•w—,-. (n) -"ecords that are the subject of.;audit shall Le retainer: for three years after sur: indings have been resolved. (b) Recored for nonexpendable property wh -1: was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change t.he.Payment Provisions or-the,Prnient Wnrle Prnarnm (c) Extension of Term for Performance, Without. requir Contra. Aor ';o provide consideration in addition te, that supporting this Agreemeht, the `ounty of Contra Costa, through its Planning Director., fna.y grant Contra. or an e:'t _,on or i:ime for performance, beyond that time specified a'',-}ve under 'Term" '(Paragrt 3). A.ay such extension must be in writing and shall be at flie sole discretion of the Coit. . ;, 9. Disputes: Disagreements bes:aa::-_r, the 0,1-unty- ar., Ccnitrfis.; coi?iw,,,rning the meaining,:.,requir r;: „ ler .:_ '. to final determina'f on in i y the head of i'i;:.. ;u;ity wAnic. a- m,,eement is made or his•de.sif or in accordance with the appli .c�C e P,ocedures (if any) req,4Ted by the Federal,(, . 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed end construed in accordance with the law of the State of Califoriri 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 r-,.r State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and be:.+,een two indepen- dent contractors and is not intended to and shall not be construed to cfe,-Jfe 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 ttie 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 riot 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 r,r-,^sons re.ceiv n,v services, except as maybe required in the administraticty. of Se�a�ice. ,=,..r <<..etor agrees to inform all employees, agents and partners F, fhe above:. l •,:vis ins, and that any person knowingly and intentionally clisclos:� :ueh i7fnr.r._s ion Cther than as authorized by alw may be guilty of a. misderneF, 13. Indemnif ica.tion. +es all claims rise against the County ;.ss or damageotY r �r property arising from, o :. E^;a�wing .oi;C .1 C. :a: ui'y wa.'V r: :rec . d with or ihc•ideni ,i Agreement except claims arising from the �,oncurrent or sole nepY ;ence of County., its ?i,.ers, agents and employees. (b) The Contractor shali 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 aris rAg out of, either in whole or in part, whether directly or indirectly, the organizatioill, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liabilitv Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices., All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained rowers. Aii powers not explicitly invested in the Contractor, 're-7;a.; r_ lie County. 23. Project Development. (a) If the Project includes construction, the construction pja.ns and specifications shall be reviewed and approved by the Contractor before construction is commenced. ' i ie Contractor shall secure completion, accordance with iii:. <_,i)proved construction plans and specificatoo. ;s. (c) If the Project includes acquisit.' . the purchase price for such property shall be determined in accoi da,o-L... with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and gUaiifications 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 ti . PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total p_av_men`.s =i. accordance with the below provisions for.Cost Report and Settlemene', Audits, and. Yiiudit ,:' .,epi ions, andsubject to the Payment Limit of this Agreement, County will pay CoriPa�6,< : an amount- equal mountequal to Contractor's allowable coststhat are incurred; but' subje t .yne: "Budg(J. of Estimated Program Expenditures" contained. 17;. `:he F'r^,ject Work Program, 3. Allowable Costs. Contractor's allowable Etosts are only the: ., which are determined in accordance with all Federal. Vegul.atir:ns; {:;;sidelines; bulletins; ors circulars pursuant to Title I of Ur: , g -;-?d 4, r;a; - ;: r,« :':' .:y.ished in the Federal R'6bjster. 'Ur:.w 39, ::nay be revised and amended, iia of the aforesaid documents lei Y ;. i e• referene4 inc;-porated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contracts), in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. i '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 exp:.essed hN7 nnnlieahle _Rtate or Federal remilations. policies or contracts, but in no event later than 18 months from 1.h� -r}rmination +: of this Agreement. If such audit(s),- show that the payments made".by Co.: .y pur.suarn. �a .Lgraph 2 (Payment Amounts) above exceed the allowable costs ,that : . aci:Usally t,- .n .'.,icurred by Contractor under this Agveernent, including any adjustra, made pursuant to Paragraph 7 (Cost Report and Sett?.i-:ln ;slt) above, then Contractor ees to pay to County within 30 days of demand by County any such excess amount. `J' , -.ch audit(s) show that the allowable costs that have actually been incurred by Conta,.�tot ..,der this Agreement exceec' the payments made by County r=..,.rsuant io Paragraph 2 (Ps . ,t Ariounts) above; irciu:3', r• J.ny adjustments made ;.r: ,:...,;;.• ,. .. , r:f;r r: '.;:_.. ;c'1lem ent) above,. my agrees to pay to otit..t .si any to the• P.Ay. id' this Agreement. 9. .. Audi' 1,.--(+eptions. In addition `.o its obligations urn`_. Paragraph 8 (Audits) above, Contractor"agrees to accept,respons;jAlity for receiving, rep.ging 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 ar*rees to pay to the County within 30 days of demand by County the full amount of the Cour:,y'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 WOODBRIDGE CHILDREN'S CENTER R E S 0 L U T 1 0 N The Board of Directors of the Woodbridge Children's Center hereby resolves: I . To approve the 1984-85 Community Block Grant Program Project Agreement with the County of Contra Costa, Activity No. II-24, for the cost of purchasing one relocatable classroom to be placed at Las Juntas Elementary School for the purpose of providing extended child care for Las Juntas students, pursuant to the Housing Community Development Act of 1979, in the amount of $45,000. 2. That the President and Secretary of the Board are hereby authorized to execute the above mentioned agreement on behalf of Woodbridge Children's Center. We, the undersigned, certify that in a duly constituted meeting of the Board of Directors held on April 24, 1985, with a quorum of four (4) members present, this resolution was unanimously passed. This is a true and correct copy of the above resolution. Signed: -��G� C�1/ Dated: Laura L. Febus, President Woodbridge Children's Center Board of Directors Signed: Gated: Delore White, Secretary Woodbridge Children's Cent Board of Directors 4/25/85 TO: BOARD OF SUPEWSORS 0`0"0 Anthony A. DehaesusContra FROM: Director of Community Development „ Co sta V. w DATE: May 9, 1985 ` ` `� County SUBJECT: Approval of the 11th Year. (1985-86) Community Development Block Grant (CDBG) Program Project Agreement: Innovative Housing for Community, Inc. SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to approve. the 11th Year CDBG Program Project agreement with Innovative Housing for Community, Inc. , implementing activity #12 - Commercial Rehabilitation with a payment limit of $250,000.00. FINANCIAL IMPACT: 100% Federal Funds (RUD) .BACKGROUND: - -- Innovative Housing for Community., Inc. ; (I .H. ) is a charitable private non-profit organization currently developing a center forarts and trades in the town of Crockett. I.H. has developed shared. housing and live/work space in Marin County. The primary use of County funds. is for predevelopment. costs .associated with the .. renovation and rehabilitation .of'two buildings and park areas between the buildings. i CONTINUED ON ATTACHMENT: YES SIGNATURE: / /' / RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN DAT( OF BARD COMMITTE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT _ ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS N THE DATE SHOWN. Community Development Dept. 5 cc: County Administrators Office ATTESTED tor-Controller PHIL BATCH OR, CLERK OF THE BOARD OF Audi Audi ty -Consel SUPERVISORS AND COUNTY ADMINISTRATOR CounContractor M340217-83 BY DEPUTY .... -. . r.+7.w ...n...uur•�v+.•�+?wtM.� 7'' 4.,e- •+.�r—. •:.-.qp•-rr+•di*� t '«•. ° - ., .._. .. .L.._�,___.._......`-__._-�..•...._..�.._ ''.'.�""_+....... -.-.-n. .n^.^+-•.«+ro.hrv.r.-a.h�l:tJ•w'.}.�'.'^i:•kfi• �q_,r.,• .Y`n!`(i.s�J'C-�M�'�•�. STATE OF CAI IF RNIA On this 3rd day of MaY in the year COUNTY OF 1985 - before me a Notary Public, State of California, duly commissioned and sworn, personally appeared Janet-Mil]P � Schoder Ann Howell personally known to me(or roved to me on the basis of p Y proved satisfactory evidence) _ 14 LTM to be the Treasure 1r Exec. Directorof the corporation WptAAr PU0L9 0AUFA)AMA that executed the within instrument, and also known to me to be the PiMdp�1 1n WNM II�QO��MMO� M01rI&= person who executed the within instrument on behalf of the corpora- tion therein named, and acknowledged to me that such corporation executed the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in th County of na dowmert is oruy s general form"M my be pmpor Im use in simple on the a set fo above in this certificate. 01M4W6ww"b w way x ,w b lntwMwd to pct,as a substitute for m Advice d an atMwy.The"z4vr dose r make airy wamemy either espmas d implied es m Me boat validly of any proNebn M Ma suds bilay of ft*a forms in any specde transection. Nota Public, State of California Cowdery's Form No. 28—Acknowledgement to Notary Public—Corporation(C. C.Secs. 1190-1190.1) My commission expires I� PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-12 . 1. Agreement Identification. Department: County Planning Department . Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Innovative Housing for Communitv ( I .H. ) Address: 69 Greenbrae Boardwalk San Rafael , CA 94904 3. Term. The effective date of this Agreement is May 15, 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 $50,000 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Certifications" attached hereto, which are incorporated herein by-reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Final Statement of Community Development Objectives and Projected Use of Funds dated February 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 Chairwom , Board of Supervisors Designate O iciel Capacity ~"-ATTEST: Phil Batchelor,:County Clerk of the Board of in Organization) Supervisors and County Administrator 14hj, By: EiueCJ- ✓e p er' Designate Official Capacity By: Deputy in Organization) Recomm nded by Department Note to Contractor: (1) If a public agency, designate official capacity in public agency and attach a certi- By4 fied copy of the governing body resolution n ny A. Dehaesus authorizing execution of this agreement. (2) All others: Execute acknowledgment Form Appro ed: County Counsel form above, and if a corporation, designate official capacity in business, execute acknow- BY: � � ` ledgment form and affix corporation seal. ��GC�2C�-�C D puty (Affix Appropriate Acknowledgement Form) Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION Rehabilitation of two buildings and park area on 833 do 871 Loring Avenue in Crockett. The project will provide low-cost space for new businesses in the arts and trades primarily, and low cost shared housing. The project includes a 3-story brick hotel building, a small park and a 3-story warehouse. CD funds will pay for redevelopment costs associated with the redesign of the interior of both buildings to provide maximum shared living/work space assessing the structural integrity of both buildings and redesign of the park. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Select and award architecture/ April 1985 May 1985 engineering contract Complete design schematics May 1985 July 1985 Complete engineering analysis May 1985 June 1985 and estimate repair cost for any structural problems Prepare construction documents July 1985 July 1985 and bid estimates Award construction contract July 1985 August 1985 Execute construction August 1985 February 1, 1986 C. PROJECT GOALS Contractor shall define project objectives. Our major goals are to intensify the use of currently under-utilized space, to promote economic development in an economically depressed neighborhood, and to make unused portions of a residential hotel usable for low-cost shared housing. We will accomplish these goals by redesigning the buildings for more intensive use and by carrying out the most important of these changes. Specifically, we will: - Evaluate structural problems and determine accurate cost estimates for renovation. - Repair and upgrade plumbing, electrical and fire hazard problems which currently restrict use of the buildings. - Improve access to buildings to further increase usability. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 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 such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. The contractor 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. Joshua Simon Ann Howell Project Coordinator Executive Director 2306 Roosevelt Street #2 69 Greenbrae Boardwalk Berkeley, CA 94703 San Rafael , CA 94904 548-9383 461-4201 843-0146 Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-12 Innovative Housing for Community (I .H. ) 69 Greenbrae Boardwalk BUDGET PERIOD: May 11, 1985 - March 31, 1986 San Rafael , CA 94904 (a) (b) (e) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - $ Architecture and $11,700 $11 ,700 Engineering Construction 38,300 38,300 * The amounts of additional funding needed will be determined by the architectural and engineering studies being conducted. e TOTAL $50,000 $ -0- $50,000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contract Payment Limit for CD project. CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status -of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 r 0 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: - (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final . determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 • ` 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and rpeourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liabilitv Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The elective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such :real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise .completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la r PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information br to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 • • The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, And indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. ,The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If'such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 TO: BOARD OF SUP110VISORS . _ Contra •FR'OM: Anthony A. Dehaesus �� � Costa Director of Planning - ,.r�: - . l DATE: April 26, 1985 y' County SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) Program Project Agreement; Phoenix Programs, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to execute. the Eleventh Year (1985-86) CDBG Program Project Agreement with Phoenix Programs, Inc, implementing activities #3 - Rehabilitation.of Group Home for Mentally Ill with .an allocation of $16,000 and activity #16 - Vocational Rehabilitation with an allocation of $25,000 for a contract payment limit of $41,000. FINANCIAL IMPACT: 100% Federal Funds (HUD) BACKGROUND: Activity #3 involves the remodeling of the interior of an existing group home located at 2136 fine Avenue, San Pablo which will result in improved living, quarters and atmosphere for the clients. Activity #16 will utilize CD funds to augment United Way and City of Concord funds to provide vocational training and job services for mentally ill persons. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR REC M NDA ION OF OARD C M TEE APPROVE OTHER SIGNATURE(S) �`wv 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 OF SUPERVISOR ZONTHE DATE SHOWN. Planning ,/ �{r CC: County Administrator's Office ATTESTED /� /?vJ Auditor-Controller PHIL BAT HELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Contractor M362/7-83 BY �� DEPUTY FATE OF CALIFORNIA On this 23rd day of April in the year I9UNTY OF Contra Costa 1985_ before me IBrenda E. Vinson a Notary Public, State of California, 1 duly commissioned and sworn,personally appeared Benjamin 0. Russell and Robert E. Ehrhart personally known to me(or proved to me on the basis of satisfactory evidence) to be the_Secretary and President of the corporation I that executed the within instrument, and also known to me to be the 1 OFFICIAL SEAL persons who executed the within instrument on behalf of the corpora- BRENDA E VIN,SOMtion therein named, and acknowledged to me that such corporation executed 'F NOTARY PUBLIC-CAUFdMit the same _ Phoenix Programs, Inc. M comm. pares Co 4, IN WITNESS WHEREOF I have hereunto set my hand and affixed } � y comm. expires AUG {� 1985 my official seal in the __County of Ilo aNy a pereral fwm w,ch may be pnpwfw use in simple Contra Costa on the date set Fort abov•in this certificate. O in no way acts,w a bMerect ed b a ,as a sa x,mine fix Me imey.The publisher Does not Rake any wan"aanw eswess w implied as w �!���� Of any wwnsion w Me wnabildy of Mesa bans in any epecihc transaction. �✓ Notary Public, State of California Form No. 28—Acknowledgement 8/20/85 'Public—Corporation(C.C.Secs. 1190-1190.1) My commission ekpireE---- PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number : 11-3 do 16 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Phoenix Programs, Inc. Address: P.O. Box 315 2820 Broadmore Concord, CA 94522 3. Term. The effective date of this Agreement is May 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 $41,000 . 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Certifications" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Final Statement of Community Development Objectives and Projected Use of Funds dated February 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 Secretary, Board of Dir%ctors By: �G�G' ✓ BY: . Chafrwoma oard o Supervisors esignate fficia C�pity o ATTEST: Phil Batchelor, County Clerk of the Board of in ;,rgaf ie - Presiden Bo tri of Directors Supervisors and County Administrator By: De ignate Official Capacity By: in Organization) Dep ty Note to Contractor: • Recommende Depart ent (1) If a public agency, designate official capacity in public agency and attach a certi- Y. fied copy of the governing body resolution ntho A. Dehaesus authorizing execution of this agreement. (2) All others: Execute acknowledgment Form Approved: Cou y Counsel 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) Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-3 Rehabilitation of Group Home for Mentally Ill This project involves the remodeling of the interior of an existing group home located at. 2136 Pine Avenue, San Pablo. 11-16 Vocational Rehabilitation for Mentally 111. This project will augment other funding for five positions to provide vocational training, rehabilitation and job preparation services for chronically mentally ill adults. This program will provide training on independent living skills; evaluations and development of emloy- ability training plans; job seeking skills; and work adjustment. The program will enroll 34 clients, 13 of which will be County residents. 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 11-3 Rehabilitation of Group Home Bid May 15 June 15 Award June 20, 1985 Construction July 1, 1985 August 15, 1985 Inspection July 1, 1985 August 15, 1985 11-16 Vocational Rehabilitation Implement project June 1, 1985 March 31, 1986 C. PROJECT GOALS Contractor shall define project objectives. 11-3 Rehabilitation of Group Home. Remodeling the interior of the group home will result in much improved living quarters resulting in a better atmosphere for the six clients. 11-16 Vocational Rehabilitation. 1) The program will enroll 34 clients, 13 of which will be County residents; 2) 14 clients to be place in part-time unsubsidized employment; 3) 10 clients to be placed in subsidized employment, training or other activities leading to employment. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment 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 such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. The contractor 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 should indicate who will be responsible for administering the Work Program. Rehabilitation Emelia Gonzalez (236-7611) Vicki Smith, Executive Director 2136 Pine Ave. 825-4700 P.O. Box 362 P.O. Box 315 San Pablo, CA 94806 2820 Broadmore Concord, CA 94522 Vocational Rehabilitation Tony Villanueva (825-4700) P.O. Box 315 2820 Broadmore Concord, CA 94522 Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representa- tives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-3 & 11-16 Phoenix Programs, Inc. P.O. Box 315 BUDGET PERIOD: May 1, 1985 - March 31, 1986 2810 Broadmore Concord, CA 94522 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 11-3 Rehabilitation $ 169000 $ -0- $ 169000 - Bid - construction - inspection - mise. 11-16 Vocational 25,000 559900* 80,900 Rehabilitation - Salaries - Fringes - Travel - Rent - utilities - mise. * City of Concord $36,000; $19,900 United Way. e) TOTAL $41,000 $55,900 $969900 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contract Payment Limit for CD project. CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part l; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The: Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnif ication. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liabilitv Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in.the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of. deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the . construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la PAYMENT PROVISIONS 1. 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. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used . for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. gage 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 TO: BOARD OF SUP•VISORS -�' Contra FROM: Anthony A. Dehaesus Cos} Director of Planning .. ` . `� t v DATE: April 26, 1985 County SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) .Program Project Agreement; Child Assault Prevention of Contra Costa County, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to execute the Eleventh Year (1985-86) CDBG Program -Project Agreement with the,Child Assault Prevention of Contra Costa County, Inc. implementing activity #20 Child Assault Prevention with a contract payment limit of $30,000: _: . r FINANCIAL IMPACT: 100% Federal Funds (HUD) BACKGROUND: CAP provides child assault and abuse prevention and intervention services to children 24 years to 12, their teachers and their parents: This agreement will provide CD funds to augment school fees, donations and AB 2443 funds in staffing this program. CAP staff provide workshops for 75 school staff, 250 parents and 3,250 children. CONTINUED ON ATTACHMENT: YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECO MEN ATION F BOARD COMMITTEE APPROVE - OTHER SIGNATURE(S) vL» ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISOS ON THE DATE SHOWN. Planning A N �- CC: County Administrator ATTESTED Auditor-Controller PHIL BATC LOR, LERK OF THE BOARD OF County Counsel SUPERVISORS ANDCOUNTYADMINISTRATOR Contractor M382/7-83 BY DEPUTY 1, 01:1'7 PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-20 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Child Assault Prevention of Contra Costa County, Inc: ddr esc: %^ Yb.-acid Valley Road Walnut Creek, CA, 9459E 3. ;m. The effective date of this Agreement is April 1, 1985 and it terminates V; ,.,„ A 31 .19 , 86_,unless sooner terminated as provided herein, subject to all terms, condi-`: and assurances contained or incorporated herein. 4. Allocation Paynoc;t9. Limit. CQuo�ryk fo-ral payments to Contractor under this Aljree:rtewr 4*0 net Qxe .a $�0�000 .5. County's Oblig ops. County <•.iall make those allocation payya!rNfs t•(, IA,.e contrac or described in the "Payment. Provisions" attached hereto which are ::.ccrporated herein by reference, subject to all terms., conditions, and assurances contained or incorporated herein. 6. General Conditions and Assu,.-knces. 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, 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. .� Chairwo n oard o Supervisors By: . c ���� I P (Designate fficial Capacity ATTEST: Phil Batchelor, County Clerk of the Board of in Organization) Supervisors and County Administrator By. By; Designate Official Capacity De ty in Organization) Recommended y Depart ent 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 Antho A. Deha sus authorizing execution of this agreement. Form Approved: Coun 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 ,[}CJ.ZLO Deputy (Affix Appropriate Acknowledgement Form) �67 sarrdxa uorssrururoa fyy (1'0611-061T 'snag .D C)) uor;a.rodroD—Dilgnd dre;OH o1 auauraBpatAAou3jo�r—gZ *ONUUO3 s,XGaptAOD arruo3r(e`T3o-a� `ar q S'legoN vuwos,,,n ai.Wodc Am,n cuuq Kan w AyPooyng au io uaapoM A»w ApPRp Ibq o,n Wn W!Idu wSs o Aum ffi Au oM'w,WSW u Pnda Aa,CyWu wIWO an icy YUpK41Y9 W'm a nap "0m-N A,.w w".W0.^ a;eoyr aO srq [ e ;tof;as a;ep aq; uo ga mU! 1WlYdwdKA.,X,4kJYWwa�IApWgIKWAIp " tVS:V of- {I1 4—) ,;o,f;unOD /A.y,O,/7tv;p q; ur reqs[eroWo but pare pue 1puuey ,fur ;as o;una.ray aney I jogUVH.11 SEHNIMI NT ,ZE;sneny •ox aures alp 0600 481NOo YO ia� pa;naaxa uor;elodroo Bons;eq; aut o; pa.8parMou4oe pup `parueu uratay; uor; ay5 F ;tti erodroo ay410[[egaq uo;uawnr;sur urq;rM ay;pa;naaxa oqM uoslad �o ay; aq o; aur o; uMour[ ospe pue ';uaurnr;sur ury;rM ay; pa;nOaxo ;eq; uor;e.rodroD ay;3o aq; aq o; �/►r�Q/S� .ate t (aauaprna.sro;aeJsr;es,;o srseq aql uo aw o;panard.ro)aur o; uMourr,f[[euosrad �'j0 .�gvni . ` / -pa.rea de f[[euos ad'WOMs ue pauorss[wruoo 6[np 'eru.to,[r[ej Io a;e;S 'Orrgnd XrujoN e aur aiofaq JO dINA 00 .rea,f ay; u[ -7IYoW jo Supd�-Z-r srq; u0 VILA goir7dJ ,30 3,Ld,LS Page 2 • EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION C.A.P. provides assault and abuse prevention education and intervention services to children ages 212 to 12, their parents and teachers. The proposed project will provide prevention training to 3,250 children from low to moderate income levels in East Contra Costa, 75 scho^l staff, 250 parsnts.nnd 6M community memhPrc- Theranv and ciinnnrt services will also be provided to at least 25 individuals and/or families who ate ider,t '-d by Children'- Protective Services. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indic - Ing when major activity items are expected to be undertaken and completed. Work Item Hire Staff 3[l.* 15 3/22/85 Train Staff 3/25%8' 3/29/85 Contact Schools 4/1/85 12/15/85 Implement Program in Schools, Communities 4/15/85 3/31/86 Exit Interviews with Principals, Directors 6/1/85 4/15/85 C. PROJECT GOALS Contractor shall define project objectives. To educate at least 75 school staff in 5 workshops about child assault and its prevention. To educate at least 250 parents in 10 workshops about child assault and its prevention. To deliver prevention training to 3,250 children ages 214 to 15 from low and moderate income levels, culturally diverse communities. Training will help them recognize and utilize healthy alternatives to assault and abuse. To provide follow-up consultation/support services to at least 25 abused individuals and/or families from low and moderate income levels. To provide community education and training to 600 adults in 12 presentations to community groups and agencies in the Antioch, Brentwood, Byron, Oakley and Knight,epi areas. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and "'Community Development as proviaeo by the County Planning Department. 2. In all contracts, purchase <,,,.-eements; ccr-,trac:ts, invoices entered into over $100, the contractor shall obtain the ~'required sigined Equal opportunityiSection 3 Compliance Form signed by the suppiiR.: service priur to the receipt of any goods or initiation of any services. The required �,. rms are available from the County Planning Department. i� Ali contracts under $10,00+ t� entered into shall %be in cc) ripl.iance with procurement ~�cF ',...._s cc. . .1<<ec i;, F e Management a.` J (OMB) Circular A-102, 4i.(z�ble HUD. regulat..,1. 4. In all .. :_iistruction contracts over $2,000 enforce an6 a::dminister Labor Standards Requht ,?il-nits in accordance with 'Title 1 of the Housing and Community Development ` Act of 1974, HUD Handbook 1344.1 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in complaince with bid procedures contained in the Complaince Guide cited. 6. All construction contracts over $100,000 shall be in complaince with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 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 should indicate who will be responsible for administering the Work Program. Rose Mary Borunda Coordinator, C.A.P. of Contra Costa County, Inc. 960 Ygnacio Valley Rd. Walnut Creek, CA 94509 (415) 945-1627 Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representa- tives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. ::.c,ntractor 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 SCFi U1L_`, CONTRACTOR: ACTIVITY NUMBER: 11-20 - CAPP, Inc. . 960 Ygnacio Valley Road Walnut Creek, CA 94596 BUDGET PERIOD: April 1, 1985-March 31,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - Project Director and Administrative Assistant $ $ 17,963* $ 17,963* East County Coordinator 10,368 -0- 109368 (3) Workshop Facilitators 13,500 -0- 13,500 Fringes, Travel, Supplies, Rent, Misc. 6,132 -0- 61132 *AB 2443, School Fees, Donations e) TOTAL $ 309000 $ 17,963 $ 479963 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contract Payment Limit for CD project. CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings : and ;- surances contained therein, and directing and authorizing the person, identifita.:_1 a s official representative of the grantee to act in connection with the submission 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 graraiee,/car :. .,<.ctor has met the citizen participation requirements, prepared its final stateme.`r' of com- munity development objectives and projected use of f.�nrs:, and mad he final statement available to the public, as reci r i y Sec : f, r `" ' ;r; and Community Deve?;;pmeEzZ: f+ct of 1974, as (d) It is following., a. i.-e'r�: housing assistance plan which �,as 1,1-en approved by H; and which mees i' .=, requirements of Section Section i+r,(a)(2) of the Housinand Community Deve opment 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 raving a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title IIL of the Uniform Relocation.AssistanCe and Real Property Acquisition Policies .Act •` '970, and thY, '-rnnlementing regulations at 24 CFR Part 42; V. The standards regUicem;:.i'it:l ,: :.et forth hn Z4 CFR Part 570, Subpart K and HUD i'e&uk-,.'J,.)ns-issued -to implement such ' ::ijUlCei7lentS; VI. ExeCC?tive order 11988 relating to t::e evaluation of flood ha.zarsas and Executive Order 11.288 ;i'1.1ati.ng to the prevention, cf- `sol, and abatement of..wat -•ollution. The flood .02(a) of the Flo'rb,F ' Protection Act of VII. No member,;o-` i:- employee of the g .- tee/contractor,nor its . :signees or agents, no member of the !,.o,-r: ning 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 iodii-ect, in any contract.or subc:tf.ltract, or the process thereof, for work to be performed in connection with thR,progre..,, assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest' pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. ".2e:-ords. Contractor shall keep and make available for inspection by authorized represents:?:gives of the County, the State of California, and the United States Government, the Contrc ctor'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 Annm,'. - ?Pei"ormance Repor.;..r:: :'aunty to HUD, except as follows, ti . (a) Recurd: .r,.mt are the subject of audit findings sh=". b<; ?�etaine` for three;: years after such findings i e been resolved. (b) Recored for nonexpendable property which was ac gil..ired with Fe:leral grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not .. .,T the rnaier•raiiy chai-ige the Payment••Proa,sra�s ... ..th.e Project• G.�._I. (c) Extension of Term for Performance. I','ithout requiring Cont):, :tor to provide consideration in addition to that supporting this Agreement, the Cour`:°v 0. :"ontra Costa, through its Planning Director, may grant Contractor an extF.nsion o" ue for performance, beyond that time specified above under- "Terra" (Par•agx°aph 3).. y such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the C n. ,_ty an.: on.tr . : or .c 0r, ig the meaining, requirements, or :yet-,!r nance Of a-. j fin,;' determination in writing by Lhe head of the County I epartmein .,,r• 6' ;:r' .,, this rent is made or his designee or in o,,:7.cordar-ice with the applicable proce-'V res (';f any) requir.," by th(. 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 CoFi .-a Costa County. 15. independent Contractor Status. This Agreement is by and between twC� ,idepen- dent contractors and is not intended tv and shall not be construed to create the °r: :ionship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclose(i, any list: of persons ra.Iriving services, except as may be required in the administrati.oa of Contracto! .>.o rues to inform all employees, agents and partners of the abcti; provisions, and that any person knowingly and intentionally disclosing such in)" 1-nation oi::,er than as authorized by alw may be hi?il. y of a misdemcanor. 18. ;.;:demnification. k h .. . 'a. _'aims and recouwse €: est the County inc _. 3,. ':or .,age to persons o ._y arising from, growing ouz of-,or h! .z?v Tia;; ; cn i�iectec ,.. :h yr incident to this ,l it : :'i.le it except claims arising from the-con(, -_5 ar sole negligence or County, its officers, s 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 cf liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500.,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. ketained Powers. iii powers not explicitiy invested irrthe Con . acini' ..lain in the 23. Project Development. (a) If the Project includes construction, the construction plans and cifications shall be reviewed and approved by the Contractor before construction is lamented. (b) TiT,:, ... or shall secure completion of -the.coni' .jr: , °:;rk in _:,:OVdance with the appr.c.de6' truction plans and specifications. (c) If- the Pr, lett includes acquisition-of,rtea/,'1_ h:.chase price for such property shall be determined in accordance ' with requirements contained in Department of Housing and Urban Development (HUD) :-1.::,ndbook 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. I a I PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in totalpayments in e.c.eos_•donce with the below provisions for Cost Report and Settlement, Audits, and Audit Excepi:ions, and subject to the Payment Limit of this Agreement; County will pay Contractor an arr,or nt equal to Contractor's allowable costs that are actually incurred, bui; subject to t',tr. '`3;Eci;;;et of Estimated Program Expenditures" contained in the Prejef t Work Program. 3. Allowable Costs. Contractor's allowable cosl.s are only those wli=ch are determined in accordance with all Federal regulations, trt�idE'iner,, br llet.i;is, ar.d �.rculars pursuant to Title I of the Housing and Community Deve' ~->:.�,^ .r.'; 'i ;> the Federal Register, Volume '2S; lac.:. 220, Wednesday., -;s . , revised and amended. .All of the aforesaid documents are by th: ; re:fei .:�:A.ce iricorpora_ed herein. Costs incurred irr 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 fo;- Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make :,lecessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost. Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may - be c;zres.^ed by..applicchlc c*a.� nn Fn innol nnm lafingCy cnlin;ne nr contracts, hit} in no eve,at later than 18 °mc th.r Iron .ermir ^date of th : --eement. If such audit(s) show that the payments made by Ccwit:y jiursul to Paragraph 2 (Payment Amounts) above exceed the alloivable costs Shat have. actual been iiicu.ri7:-d by Contractor ui,der this Agreement, including any adjustmer`s.! ma6e suant to Paragraph ? (Cost Report and Settlement) above, then Contractor agrees S:o J to County within 30 days of demand by County any such excess amount. If.'such au6i.. !.,) show that the allowable coats ghat have actually been incurred by Contact.cr u.nder this; !agreement exceed the payrrir.r-:;::: made by County pursuant ip' Paragr r3,l ,' above, including aro, adj;.: ,ants made ,ursuant ts. :. .`fir::; : ; :'' -bove, then Colt;-,",- to pay to Contractor any ivexcr,r. sub;_: : oh::� ,.,ayment Limit•of:.'!,i ement. 9. Audit E;tcept-i :; addition to.-its •.1ligatioris under •Parag:a .1 8 (Audits) above, Contractor agrees 2.•, _�acept responsibility for receiving, replying to ai J/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 liabilit',%, if any, to the State and/or Federal government resulting from any audit exceptions, to tl,e 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 CHILD ASSAULT PREVENTION of 11.nh.,,; ,z'�''�'• Cni;t/Ty CONTRA COSTA COUNTY, INC. 960 Ygnacio Valley Road APR Walnut Creek, California 94596 (415) 945-1627 RESOLUTION The Board of Directors of Child Assault Prevention of Contra Costa County, Inc. hereby resolves: 1. To approve the 1985-86 Community Development Block Grant Program Project Agreement with the County of Contra Costa Activity 1111720, for assault and abuse prevention education and intervention services to children ages 211 to 12 yrs. , their parents and teachers, pursuant to funding under Title I of the Housing and Community Development Act of 1974, in the amount of $30,000. 2. That the President and the Secretary of the Board are hereby authorized to execute the above mentioned -agreement on behalf of Child Assault Prevention of Contra Costa County, Inc. I certify that in a duly constituted meeting held on April 17, 1985, the Executive Committee of the Board of Directors, in compliance with the Bylaws of this organization and with :every member present (6) , unanimously passed. this resolution. " . This is a true and correct copy of the above resolution. Dated: April 17, 1985 Secretary Child Assault Prevention of Contra Costa County, Inc. 1-038 TO: BOARD OF SUFORVISORS - Contra FROM: Anthony A. Dehaesus Costa Director of Planning �lJ t DATE: April 23, 1985 t -County SUBJECT: Approval of the Eleventh Year (1985-86) CDBG Program Project Agreement with the Paking Organization, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) He BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to execute the Eleventh Year (85-86) Community Development Block Grant (CDBG) Program Project Agreement with a paymentlimit of $41,000 implementing activity #28 - Classroom for Headstart. FINANCIAL IMPACT: 100% Federal Funds (HUD) BACKGROUND: UCSSO has in the past operated a Headstart program on the Oakley Union School District property using school facilities. Due to the tremendous growth in East County, school facilities-are no longer available. The Oakley. Union School District Board of Trustees Approved the use of school property for the installation of a portable classroom to include free connection to water, sewer and power utilities. This portable classroom will be used to house a Headstart program providing educational services to 40 .pre-school ,age children from low- to moderate-income people during. the regular school.year and 40 children of migrant farm worker children during the summer months. CONTINUED ON ATTACHMENT: YES SIGNATURE: I RECOMMENDATION OF COUNTY ADMINISTRATOR COMM NDA ION OF CARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER LT 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 Planning OF SUPERVISOR ON THE DATE SHOWN. County Administrator's Office 9�� CC: County Counsel ATTESTED PHIL BATCH OR, CLERK OF THE BOARD OF Auditor-Controller Contractor SUPERVISORS AND COUNTY ADMINISTRATOR Maeah-ea BY I" DEPUTY PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-28 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: United Council of Spanish Speaking Org., Inc. Address: 516 Main 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. County's total payments to Contractor under this Agreement shall not exceed $41,000 . 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Certifications" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Final Statement of Community Development Objectives and Projected Use of Funds dated February 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: gy: L�a ` Chairwoman, oard of Supervisors (Designate Official Capacity i ATTEST: Phil Batchelor, County Clerk of the Board of in Organization) Supervisors and County Administrator Oed;Krebs, nso Pre ent r By: By: �, � Designate-Official Capacity kkkk Dep ty QQ Ws ppin Organization) Note oOSC:oet reciado, Vice President Recommende by Depart nt (1) If a public agency, designate official capacity in public agency and attach a certi- fied copy of the governing body resolution BY' ntho authorizing execution of this agreement. . Dehaesus (2) All others: Execute acknowledgment F Approved: Cou,n Counsel form above, and if a corporation, designate official capacity in business, execute acknow- �. By: ledgment form and affix corporation seal. `i � -/lel Qi4.G�aa�t putt' (Affix Appropriate Acknowledgement Form) r STATE OF CALIFORNIA n O this d of in the year COUNTY OF_L1SR-� ��`Tl4 1 ) before me . — l I R_ 6 tel'' - Q , a Oary F lic, State of California, duly, mmissione and sw,oyn ersonal y appear =- �✓c�ruz��a� CG,�� _ personally kn wn to>ne(or�proved to a on�the t{psis of at' factory evidence) OFFICIAL y:?:la.?� to be the �t-C Q ��D�I ,g�-1/) P.t of the corporation RAMIRO SANCEN ` .� •' NOTARY PUBLIC- CALIFORNIA that executed the within instrument, and also known to me to be the r ' COWRil COST,+. person who executed the within instrument on behalf of the corpora- 1, o ora- a =� L^•, coram. ex i ea 1A:> i;, ;989 tion therein named, and acknowledge me that such corporation executed the same \ IN WITNESS WHERE F I have h eunto set my hand and pffixed my ofcia seal in t W ounty of Piks t;only agenin,,"wt„a„„ay, WoPer10,UWin,m„o � o he d set forth above in_�fiis certificate. pYmecoom ano r no way eco•a is branded to W.as a subst Lute W the adme ol on atberey-The publiNx daaa ret make any warranty eRMm osprass or implied as to dM bGal yabary of any ptoNsipn m the auitabibry 01 Cwee Ponna in any specft hansacdpn, California r Cowdery's Form No.28—Acknowledgement — q Ai to Notary Public—Corporation(C. C.Secs. 1190-1190.1) ��My commission a res ` Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-28 Classroom for Headstart, Oakley Acquisition and installation of portable classroom for Headstart program located at . Gehringer Middle School Campus located on Bolton Road, Oakley. The Headstart program provides educational enrichment services for 40 pre-school age children from low to moderate income families during regular school and 40 children of migrant farm workers during the summer months. 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 Acquisition of portable May 15, 1985 Installation June 1, 1985 C. PROJECT GOALS Contractor shall define project objectives. Acquire portable classroom in order to provide educational enrichment services for pre- school age children. - -- - ... - . • ._ .t�t.')f ._ _ ... ' t arr..ca._u .•Av. moi. .. a vr.4'ru� �.o.-v t'lwJl\.e_.- ..c. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations_ including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 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 such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. The contractor 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 should indicate who will be responsible for administering the Work Program. Sally Garcia UCSSO 210 O'Hara P.O. Box 345 Oakley, CA 94561 625-2204 Page 4 PROJECT WORK PROGRAM F. PROGRAM] MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representa- tives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-28 ucsso BUDGET PERIOD: April 1, 1985 to August 31, 1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - $ 11-28 Classroom $41,000 $ -0- $41,000 - aquisition - installation e TOTAL $419000 $ -0- $41,000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contract Payment Limit for CD project. r •...•.....n.-.. .._.nom.. .....� . ..«—...ry....... �...c.�.n-... +rr�. .. M�l.r..... ........�....tr.,... CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar.action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat .to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives.of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • . 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County, 15. 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 avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentialitv. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liabilitv Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la PAYMENT PROVISIONS 1. 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. Paynient Amounts. Subject to later adjustments in total payments in accordance _ with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have -actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. ' Page 2 • • The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) - show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If'such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Pniteb Tnunrit of Spanis4 $peaking Organizations, (lnr_ P.O. Box 287 516 Main Street / Martinez, California 94553 (415) 229-2210 A United Way Agency UCSSO BOARD RESOLUTION The Board of Directors of United Council of Spanish-Speaking Organizations, Inc, of Contra Costa County hereby resolves: 1. To approve the 1985-86 Community Development Block Grant Program Project (Headstart Facility) Agreement with the County of Contra Costa (Activity #28) for the acquisition and installation of a HeadStart Classroom Facility in East County, pursuant to the Housing Community Development Act of 1979, in the amount of $41,000. 2. That the UCSSO President and UCSSO Vice President of the Board of Directors are hereby authorized to execute the above mentioned agreement on behalf of UCSSO, Inc. 3. I hereby certify that this a true and correct copy of an action taken and entered on minutes of the Board of Directors on the date shown: Dated: April 24, 1985 7\;A C ®!/`t/ Ted Rrebs, UCSSO President G )President ose Luis Preciado, UCSSO Vice SUBSCRIBED AND SWORN TO BEFORE ME J iDAY 0 19• J- , OFF>C;,�. s.::AL RAMIRO SANCEN to NOTARY PUBLIC-CALIFORNIA •" A. ••• CONTRA COSTA COUNTY $I@tl My comm. expires AN 17, 1989 P.O. Box 345 252 Marina Way 518 Main Street 1454 Rumrill Blvd, 120 Oak Street 426 E. 10th Street Oakley,CA Richmond,CA Martinez, CA San Pablo,CA Brentwood,CA Pittsburg,CA 94561 94801 94553 94806 94513 94565 (415)625-2204 (415)232-6050 (415)229-1600 (415)234-8281 (415)634-2193 (415)439-7515 634-6144 1-037 TO: BOARD OF SUPASORS Contra FROM: Anthony A. Dehaesus �S+a Director of Planning t DATE: April 25, 1985 County SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) Program Project Agreement and Carryover of Funds.; H .iance of Contra Cotta County- SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to execute the Eleventh Year (1985-86) CDBG Program Project Agreement with the Housing Alliance of Contra Costa County implementing Activity #5 - Housing Counseling with a contract payment limit of $73,382.75 comprised of $70,000 Eleventh Year allocation and $3,382.75 Tenth ,Year carryover funds. FINANCIAL IMPACT: 100% Federal Funds (HUD) . BACKGROUND: -This is an on-going project .providing a diverse program of housing services primarily benefiting low and moderate income people. The program includes landlord-tenant information, education and referrals, mediation to resolve housing related disputes , homeowner foreclosure assistance and other fair housing activities to promote equal housing opportunities for residents of Contra Costa County. 1 CONTINUED ON ATTACHMENT: YES SIGNATURE: A L' ' „ , RECOMMENDATION OF COUNTY ADMINISTRATOR COMMEN ATION O OARD C MITTEE APPROVE OTHER SIGNATURE(S) AF ACTION OF BOARD ON may "�”" APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT --- ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Cc: Planning ATTESTED May 7 . 1985 County Administrator PHIL BATCHELOR. CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Contractor M382/7-83 B -, DEPUTY STATE OF CALIFORNL9 On this 26th day of Apri 1 in the year COUNTY OF Contra Costa 1985 before me the undersigned a Notary Public, State of California, duly commissioned and sworn,personally appeared Jan Ifft and Diane Sprouse personally known to me(or proved to me on the basis of satisfactory evidence) to be the President and Executive Director of the corporation that executed the within instrument, and also known to me to be the OFF-SIA q� EN ti?� VERNA D. RODDPerson s who executed the within instrument on behalf of the corpora- ' NOTARY pU811C OATiFORtion therein named, and acknowledged to me that such corporation executed CONTRA COSTA MY Commission Expires Ma COUNTY the same + Y 27, 1988 IN WITNESS WHEREOF I have hereunto set my hand and axed my official seat in the County of Contra Costa \, TW doett enlaonlyageneralfOnnwhich My beWoplrfor u9BmNm0is //�}� the date set forth ab ve in this certificate. tranwstiana W in no way acts,or is imar 000 to scs.as a swinnub for No ad"m of an afr omoy.Tr!publiaM Foss nes maks any wananry warrior owass or implies at to as,bowl waYdsy of"proasion or me suosbilM of mass ams in any specaic oeMacfan. Cowdery's Form No.28—Acknowledgement Notary Public, State of California to Notary Public—Carporation(C.C.Secs. 1190-1190.1) My commission expires PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-5 1. Agreement Identification. Department: County Planning Department . Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Housing Alliance of Contra Costa County Address: 1583 Galindo Street Concord, CA 94520 3. Term. The effective date of this Agreement is Apr i 1 1 , 1985 and it terminates March 31 , W6 , 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 $ 73,382.75 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, 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 1*1 By. �rLzLz,,.� By: :l Chairwonjan, Board of Supervisors (Designko Official Capacity ATTEST: Phil Batchelor, County Clerk of the Board ofl,/ in Organization) Supervisors and County Administrator /J By: !�XLL ,c�i/Ae� C Designate Official Capacity By: in Organization) Puty Recomme d by Depar put Note to Contractor: (1) If a public agency, designate official apacity in public agency and attach a certi- By: ied copy of the governing body resolution nth by A. Deha6ms authorizing execution of this agreement. (2) All others: Execute acknowledgment. orm Approve :7 Co ty Counsel form above, and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. B eputy (Affix Appropriate Acknowledgement Form) Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 5. Housing Counseling: Provide a diverse program, of housing services primarily bene- , fitting low and moderate income individuals and.families._ The program includes�landlord- tenant information, education and referrals; mediation to resolve housing-related disputes; , counseling for homeowners facing foreclosure; assistance in budgeting and ,money obli= gations; and, fair housing activities to promote and assure equal opportunities for. residents of Contra Costa County. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. , Work Item Start Date Completion Date Comprehensive Housing Counseling April, 1, 1985 March 31, 198& -Tenant/Landlord Counseling - Discrimination Complaints - Homeownership Counseling - Promote Affordable Housing - Provide Information and Technical Assistance C. PROJECT GOALS Contractor shall define project objectives. Provide landlord/tenant information, referral, advice and counseling to an average of 250 clients per month and mediate an average of 25 disputes each month. Provide discrimination information, mediation, investigation and/or counseling assistance to 10 clients every month. Counsel and assist 3 homeowners regarding owner-related problems monthly. Provide rental and emergency housing referral and resource information to an average of 12 clients per month. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. I.' In all contracts, purchase agreements, invoices entered, the contractor shall comply with applicable provisions contained in the County's "Guide for Compliance with Assurances and Certifications Under the Housing and Community Development Act". 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the Supplier service prior to the receipt of any goods or initiatioh of any services. The required forms are available from the County Planning Department. 3. Comply with all applicable Federal regulations as contained in OMB A-102, Attach- ments A and B, in the determination of allowable costs in the administration and provision of services of this activity. 4. Records will be kept and monthly reports made and submitted to the County Planning Department providing the following information: a. Total hotline contacts and counseling sessions - whether landlord, tenant, homeowner, agency. b. Geographical resident of client. C. Types of requests, other needs. d. Result of contact with the Housing Alliance. e. Participation of volunteers in project. f. Participation of clients, volunteers, staff in training programs, workshops, classes. g. Reports on other funding proposals, their results. 5. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, Attachment O and any other applicable HUD regulations. 6. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Diane Sprouse, Executive Director Housing Alliance of Contra Costa County 1583 Galindo Street Concord, CA 94520 825-4663 I Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representa- tives, where applicable, to discuss progress of the. Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 5 Housing Alliance, Inc. BUDGET PERIOD: May 1, 1985 to March 31, 1986 2480 Pacheco Street Concord, CA 94520 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - $ 5. HOUSING COUNSELING • Staff $539570 -0- $53,570 Office Space 9,540 -0- 99540 Office Expense 79338 -0- 79338 Administrative Expenses 19467 -0- 19467 Other Program Costs 19467.75 -0- 19467.75 f # Walnut Creek & Concord funds e TOTAL $73,382.75 $ -0- $73,382.75 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contract Payment Limit for CD project. CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 1�04(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status -of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93,112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood'Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 • GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to HUD, except as follows: - (a) Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to .fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change the Payment Provisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreements between the County and Contractor concerning the meaining, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or .State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association: 16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liabilitv Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such .real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If'such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/1a 3/16/82 TO: BOARD OF SUPAISORS t Contra FROM: Anthony A. Dehaesus y, `' Costa Director of Planning DATE: April 23, 1985 r. County SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) Program Agreement; Neighborhood House of North Richmond SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION REOCMMENDATION: Authorize the Chairwoman to execute the Eleventh Year (1985-86) CDBG Program Project Agreement with the Neighborhood House of North Richmond to implement Activity #21- Senior Activities Coordinator with a payment limit of $17,000. FINANCIAL IMPACT: 100% Federal Funds (HUD). BACKGROUND: Because of the large degree of 'poverty affecting a major portion of elderly persons in the North Richmond area, a need has come about to coordinate and develop services and activities not currently available to this group. Community Development funds were used in the site acquisition and construction of a senior center in North Richmond, which was completed last year. Since that time, the center has been extensively utilized by the seniors in the area. This project will help bridge the gap between the seniors and needed services. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR CO M DATION F AR COMMITTEI= APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORSj�OON1,THE DATE SHOWN. CC: Planning ATTESTED � � � V 7, �7 �J County Administrator's Office PHIL BATCHELOR, CLERK OF THE BOARD OF Audi tor-Control 1 er SUPERVISORS AND COUNTY ADMINISTRATOR Contractor M382/7•83 - BY -, DEPUTY STATE OF CA rFORNIA On this_�a`M day s p, in the year COUNTY OF _ t $ before me a Notary Public, St e of Calif ia, d y mmissioned an sw=Personarappeared l personal] own to me(or prov d to me the b sis of satisfactory evidence) OFFICIAL SEAL to be the – of the corporation LYNNE MENDONSR ' NOTARY PUBUC•CAUfORNM that executed the within instrument, and also known to me to be the �coNTRACosTACouNTv p erson(a�—who executed the within instrument on behalf of the corpora- tion o ora- tion therein named, and acknowledged to me that such corporation executed r the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my feial seal in t County of Thsilm.nemii,«uyage Ml«m.nb my orowrfix uW insim le o the dates rth above in this certificate. tramaebo end in w way ern.«is into b act.as a suiw=i,for Ma aG.ica of an etlanM.tlq WN'.aM1ar Goan rotmeke uny wuramy erthx evpea«unplietl as to Ma bpal vabft of any prowion«dr sunabiliy of Mesa f«ma in any specific transaction. Notary Ub e, State of California Cowdery's Form No. 28—Acknowledgement to Notary Public—Corporation(C. C.Secs. 1190-1190.1) My commission eacpires �� 1. PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-21 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Neighborhood House of North Richmond, Inc Address: 321 Alamo Ave: . Richmond, CA, 94801 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 $`17,000 . 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Certifications" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Final Statement of Community Development Objectives and Projected Use of Funds dated February 19, 1985 , and approved by HUD on Aril 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: Chairwoman,C8oard of Supervisors (Designate Official Capacity ATTEST: Phil Batchelor, County Clerk of the Board of in Organization) Supervisors and County Administrator By: (Design Official Capacity By: in rganization) puty Note to Contractor: Recommen d by Depa ment 1) If a public agency, designate official 2 c pacity in public agency and attach a certi- f ed copy of the governing body resolution By: I authorizing execution of this agreement. G Anth y . Dehaesus (2) All others: Execute acknowledgment Form Approved: Co my Counsel form above, and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. By: l2(,i D puty (Affix Appropriate Acknowledgement Form) , • Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-21 Senior Activities Coordinator North Richmond is a community comprised of many senior citizens, female head of households and unemployed youth, of which 35% have incomes at or below the poverty level. This project will fund a senior citizens program coordinator who will create a planned program of activities for seniors to participate in such as: field trips, arts and crafts, nutrition and lunch programs and health screening fairs. These activities will be located at the CDBG funded Senior Center, 5th and Silver Streets, North Richmond. 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 Hire Coordinator 4/15/85 3/31/86 Senior Activities 4/15/85 3/31/86 C. PROJECT GOALS Contractor shall define project objectives. Plan and develop senior activities as follows: 1) Arts and Crafts: 15 participants per class. 2) Health Screening: 2 health screening fairs 3) Field Trips: 12 senior excursions 4) Nutrition Program: 50 seniors (daily) 5) Brown Bag Program: 75 Seniors (weekly) i Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 1344.1 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in complaince with bid procedures contained in the Complaince Guide cited. 6. All construction contracts over $100,000 shall be in complaince with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Access- ible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 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 should indicate who will be responsible for administering the Work Program. Corrine Sain, Coordinator North Richmond Neighborhood House 321 Alamo Street Richmond, CA 94801 (415) 235-9780 a Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representa- tives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 11-21 North Richmond Neighborhood House 321 Alamo St. Richmond, CA 94801 BUDGET PERIOD: April 1, 1985-March 31,198{ (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 20. Senior Activity Coordinator $ 179000 $ 49600* $ 212600 Salary Fringes Clerical Misc. *East Bay Community Foundation Grant for materials and supplies. e TOTAL 172000 $ 41600 $ 219600 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. 2a . ._ - • 7' _.� •... . CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, 41i. understandings :=.,nd assurances contained therein, and directing and authorizing tht.� Berson identifJ.t, �-As the official representative of the grantee to act in connection ::,ith the subi-nission of the final statement and to provide such additional iinformpaio-. - s may be rer;uired. (c) That prior to submission of its final statement to i ;UD, the grantee/contracior has met the citizen participation requirements, prepa ec; its final statement of corn.. munity development n1biectives and projected usr: of funds, and made thr: ::^!ne.,nt ,_.v iI.! ' b',,, 101;(a)(2) of the Hou,'• ,.., i.. ..::inuinity Ac?: " i•` r'. rowing a current housi i_ :. :: siance plan which hay I�een approved by HU:. :u whici, meets the requirements t:.1 Section Section 104(x)(2) of the Housing a!:d Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-.income families or aid in the prevention or .elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property •.cquisition Po1ic!-.s Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor a:andards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations sued to implement such requirements; VI. Executive ,-der 11988 relating to the e,raluation of flood hazards and Executive Order 11288 rel :`ing to the prevention, con',;-! and abatement of water pollution. The flood - ura:.cC. base requirements o,' i.02(a) of the Flood Disaster Protection � _?7 s 2 4); and VII. No member, officer or employee of the ; rntee/contractor, or its designee member of the governing body of the locality in which the program 'is rio other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one ,year thereafter, shall have any interest, direct or indirect; in any contract or subcontract, or the process thereof; for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Goveri menu. 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 r.-rtaining to this Agreement for three years from the date of sur imission of the � nnual. •,formance Report by the County to..HUD, except as follows: (a) Records that are the suhjeet of audit findings shall be retained -three ars after such findings have been resolve, (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed .specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Rage 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially C b +~e Payment Pro.•... ....., .,. +:,c D-. ;j ..+ T.,T,. I, nn�bn�m (c) .Extension of Term for Performance. . lchout i°egwrtkvig Contractor to provide consideration in addition to that supporting this .r}-eement, the County of Contra Costa, through its Planning Director, may grant -,.ctor an extension of time for performance, beyond that time specified above under ' 'er.m" ,Paragraph 3). Any such extension must be in writing and shall be at the, sole discrs: :on of the County. 9. Disputes. DisF_p,r• P.mert`. b=tween 'clip Co-.-,):. and Contractor conce.,ai.l') saiE' Mrhall be subject de;ermi)«).cion in writing by the hey: '")e . •it; Dc-:,; . :TeYL 'or which this Agi..: ::. made or i:is designee or in accordance v''th '';.le applicable procedures (if any) require(' t.:y tine 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13, Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the'County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 • • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any list of persons receiving services, except as may be required in the admin=stration of. sua h service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intensionally disclosing such information other than as authorized by alw may.be guilt , of a misdemeanor. 18. Indeninif ication. (a) ­ ntractor hereby waives claims and recourse against the Cov,•t,y incluc!i.:g the ri!, ;. to contribution for lc:.: c... .,age to persons or property arising` 1�t (,, growing ou:f of c. in any way connected wit', u':. incident to this Agreement except ell ns arising from the concurrent or sole negligence r,; County, its officers, agents and err. (b) The Contractor shall defend and indemnify the County and agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liabilitv Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the Countv and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. . (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the, above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not ex...-...y ,,,rested in the: -r.t; ctcr 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 comm==-need. (b) The Contractor shall sec. ra completion of the <- :;: r ,:�; :ice with the approved construction plar:, and sp^cifications. (c) If the Project of real property, the p:�, !:.rse price for such property shall be deterrnin-�xi in accordance with the requirements contained in Department of Housing and Ut ii;an 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 . i PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. )moSubject to Amounts. Subjeto later a_djustmenl- ,�-. *ntal pavmenl-<, i.. accordance with the below provisions for Cost Report and Settlement, E:.ti ;.a, and Audi` 1'.r. eptions, and subject to the Payment Limit of this Agreement; County pay Contra.-:Lor ar; amount equal to Contractor's allowable :_osis that are actually incur ,:c: but. sub'ee*to the 'Tudget of Estimated Program Expenditures" contained in the Project 5? )rk Program. 3. Allowable Costs. Contractor's allowable costs; are only those which are determined in accordance with all Federal regulations, quid pines, bulletins, and circulars pursua It to Title I'of the aacs.l_ ;id -f 1974, as publif",­' the F,--deral Register. Voiume i, No. y' :c:•duy, :: :, �`,.:. 13, 1974, as n:-.y reviseu and amended. All of the afores-J6 docs;gents are 'uy this !.°eference incorporate;(: :Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8, . Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may ....., bre aMe. _ccor# by onnlinnhln State nr Forloral regulationz; policies or contracts- but in no event l.aE,�r than 18 :r:;nths from the Cermination date of this Agreement. If such audit(s) show that the paymese?s made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable. ^osts that have actually been incurred by Contractor under this Agreement; incluciin • any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, t$,en 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 I'<:ragraph 2 (Payment Amounts', -.hove, including any adjustments made Para�,;r2;r (Ccst. Report and Se; :ie.­) above, then County agrees to pay :to any siAch r.. -_,ess amount, but sub'ec i t.a .s Payment Limit of this Agreement. . 9. Audit Exceptions_. In addition to its ; bligations under Paragraph 8 above, Contractor agrees to accept responsibility fcr receiving, replying to and/or r�:•"piy ing with any audit exceptions by appropriate County, State or Federal audit a.gencies 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 NEIGHBORHOOD HOUSE OF NORTH RICHMOND 321 ALAMO AVENUE RICHMOND, CALIFORNIA 94801 (415) 235-9780 RESOLUTION The Executive Committee, on behalf of the Board of Directors of Neighborhood House of North Richmond, hereby resolves: 1. To approve the 1985-86 Community Development Block Grant Program Project Agreement with the County of Contra Costa, Contract No. 11-21, for employing a Senior Activities Coordinator and/or other program support personnel, pursuant to the Housing Community Development Act of 1974, as amended, in the amount of $17,000 .00 . 2 . That the President and Vice-President of the Board, Michael C. Leary and Ronald E. Williams, are hereby authorized to execute the above-mentioned agreement on behalf of Neighborhood House ,of North Richmond. I certify that in a duly constitutional meeting of the Executive Committee of the Board of Directors, held on April 11, 1985 , this resolution was unanimously passed. This is a true and correct copy of the above resolution. Dated: April 11, 1985 Barbara J nson Recording Secretary Member • United Way 1-036 TO: , BOARD OF SUt&VISORS FROM: Anthony A. Dehaesus Contra Director of Planning -`„�_ Costa DATE: April 23, 19$5 County SUBJECT: Approval of the Eleventh Year (1985-86) Community Development Block Grant (CDBG) Program Project Agreement; Crockett Recreation Association SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to execute the Eleventh Year .(1985786) CDBG Program Project Agreement with the Crockett.Recreation Association to implement activity #30 - Crockett Pool Rehabilitation with a payment limit of $18,000. FINANCIAL IMPACT: 100% Federal Funds (HUD) BACKGROUND: The Crockett Recreation Association is a California non-profit public corporation formed in 1982 and provides recreation.to the local community through a management agreement .with the John Swett Unified School District to operate the Crockett pool, tennis courts and maintain the community parka This project will result in the rehabilitation of the pool filter system, minor renovation of the dressing rooms and pool office and installation of a solar heating.system. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RE C MM DATI OF BOARD C MITTEE APPROVE OTHER - SIGNATUREIS) 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 Planning OF SUPERVISO ON THE DATE SHOWN. CC: County Administrator's Office ATTESTED d� S Auditor-Controller PHIL BATCH GOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Contractor / M3e2/7163 BY 1�T�/ ��� DEPUTY ` PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-30 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Crockett Recreation Association Address: P.O. Box 174 Crockett, CA 94525 3. e-rn. The effective date of this Agreement is April 1, 1985 and it terminates March 31 , 1986 , unless sooner terminated as provided herein, aubject to all terms, conditions, and assurances contained or incorporated _ierein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed 18,000 5. County's Obli�: ,:its. County .hall make those allocation payments the ,ntra aor described in the "Payment Provisions" attached hereto why j: u: .. : 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, 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: t6 AVAJgQ eA - PAL o A-! Chairwoman,'/Board o Supervisors �esignate O fi ial Capacity ATTEST: Phil Batchelor, Clerk of the Board of in Organization) Supervisors and County Administrator By: A1Ae1YJ4,b By: ep ty D gnate Official Capa y Recommended Depart nt in Organization) ote to Contractor: ( ) If a public agency, designate official By: capacity in public agency and attach a certi- L ntho Dehaesus fied copy of the governing body resolution * authorizing execution of this agreement. _ F Approved: Cou y Counsel g g' (2) All others: Execute acknowledgment form above, and if a corporation, designate By: . J3 //ILthP official capacity in business, execute acknow- ledgment puty ledgment form and affix corporation seal. (Affix Appropriate Acknowledgement Form) Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 11-18 Crockett Pool Rehabilitation The Crockett pool is located in Crockett, California on the corner of : mona Street: and Rolph Avenue contiguous to Alexander Park. This project consists of >,-.e installation:E of a solar heating system and the rehabilitation of the pool filter system, ' vo dressing r:-�oms and the pool office. Some repair work will be done on the entrance gate f:: well. B. PROJECT TIME SCHEDULE Time Sche,11�: un, a month-by-month basis for the above Project indicating inhen major activity items ace expected to be undertaken and completed. Work Item Start Date Completion Date Select Contractor 3/1/85 4/1/85 Install Solar System 4/1/85 5/1/85 Rehabilitate Filter 5/1/85 6/1/85 Renovate entrance and rooms 5/1/85 6/1/85 C. PROJECT GOALS Contractor shall define project objectives. The goal of this project is to help save on expenses with the new Solar Heating System and make the pool more safe as well as secure. Also make the necessary improvements so that the pool is in full operation. L ANk Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regiil8.tinnc innlmii_no Rmiaj (lnnortimity anri Section 3 provisions, as provided in the "Guide for Compliance `b Assurances and Certification Under the Housing and Community Development. Fs a", as provider, by the County Planning Department. << in all contracts, purchase z.�j;reements, contracts, invoices entered into over $100, the contractor shall obtain tht, required signed Equal Opportunity/Section 3 Compliance Form signed by the supph(F,,. service prior to the receipt of any goods or initiation of any services. The requires.. forms are available from the County Planning Department. vlvler $10 erre^ed into shall be. r oliance with procurement procedur c ,nt,a ned in "ice of Management and t s;'t (OMB) Circular A-102, attachm. :nt O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce- ment, Community Development Block Grant Program, and as provided in the Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in the Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the.County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. 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 squired with Community Development Block Grant funds. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Rick Verducci 445 Winslow Street Crockett, CA 94525 Home Phone 787-2760 Work Phone 372-4828 CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action,authorizing the person identified as the official representative of the grantee to., submit the final statement, all understandings an:; assurances contained therein, and directing and authorizing the person identified as :.he official representative of the grantee to act in connection with the submissicr ...` 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/co:%:::actor has met the citizen participation requirements, prepared its final statemz�;-_'e of com- munity development objectives and projected use of, funds, and m&:i, the .final statement available to the public, as requi t:d by Section 104'-)(2) of th^ :;using and Community Deve!:opment Act of 1974, as amended; (d) It is following a. current housing assistance plan which has been approved by HU'% and which meets he requirernents 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 l; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition renniremnntc of Titic TTI of tko I lnif,r Relocation Asci-tance and Real Property Acquisition Policies Ac: 1970; and :Ir irrlementing regulations at 24 CFR ,{ Part 42; V. The iabcr standards requirements set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement suc!-: equirements; VI. Ex--cutive order 11988 relating to :,,e evaluation of flood hazards and Executive Order 11288 relating to the prevention, c -•a-ol, and abatement of wati_r Dollution. The flood purcl:a, r r..:.E ...,r eil( : :. 5.02(a) of the Flog: ;' =r Protection Act of i9 :i VII. No member, o." or employee of the grantee/contractor, or its !asignees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance ' eport by the County to HUD, except as follows. (a) :'?.ecords that are the subject of audit findings shall be retained for three years after sucij 'indings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. . (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 • • 8. Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially changee.the.Payment Provisigns or the Proiect Work Program. (c) Extension of Term for Performance. Without requi.r.•irtg Contractor• to provide consideration in addition to that supporting this Agreement, tli:� County of Contra Costa, through Rs Planning Director, may grant Contractor an ext6 :Sion of time for performance, beyond that time specified above under "Term" (Parsg;.-wh 3). Any such extension must be in writing and shall be at the sole discretion of the Ca •;.ty. 9. Disputes. Disagreements between the County and Contrae: ; r concerning the meaining;:;requi;rFments; or performance of this Agreement shall subiect to final determination in iriting by the head of the County Departnicnt for wh::., r. Amis ,•agreement is made or his desig ace or in accordance with the applicable procedures (if any) required by the Federal r :- 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 17. Confidentialitv. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or uiseioseu, any iisi of persons receiving services, except as may be required in the administration of .'.vii service. : irl:?cractor agrees to inform all employees, agents and partners the above provisions, and that any person knowingly and intentionally disclosin;; such information other than as authorized by alw may be guilty of a misdeme•: :-,r. 18. Indemnification. (nj Contractor Iv. waives all claims an:' -- wourse against the County l i it g 0,W r: r.ig'r� i:.: :�,::ntribv. for joss or damage t:; or property arising from, growing cu;. of or hi arty way c..:,nected with or incident Y<, _..s Agreement except claims arising from i:he concurrent or sole negligence of County, its ` cers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liabilitv insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed_ to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retai ;ed Powers. All powers not explicitly invested In the Corrtraetor ;main 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. The Contractor shall secure comple1:ion of the constrUcti(.1 V^.: k accordance: witi-; ifie approved construction plans and specifications. ;c) If the Project includes acquisiIicr: f 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 (sec Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later aalustments in tota,.P vments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptons, 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, buy ] 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 a}-,-d "cimmunity Development Ac ? of 1974, as published.in the Federa',. R: gister, Volume :it:, :: ,. 1,20, ', �Gnes 1 ._; Nov,­c,;. L35 ::974, as may bE revised and amended. All of the aforesaid documr'-;nts are by reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. .. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 month: from the termination date of this Agreement. If such audit(s) " show that the payments ei .de by County pu'esuant to Paragraph 2 (Payment Amounts) above exceed the allowable cos::., that have actually been incurred by Contractor under this Agreement, including anyadjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then %"bntractor agrees to pay to County within 30 days of demand by County any such excess s.iriount. If'such audit(s) show that the allowable costs that have actually been incurred by . ontactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made . pursuant. to Paragraph 7 st Report and Settlement) at.::;ve, then County agrees to pay to.� Coniractor such exec.: .mou�JL, but subject to ese >= +ient Limit of this Agreement: .< Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above; Contractor agrees to accept responsibility for receiving, replying to and/or comply ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 �l J TO: BOARD OF SUPISORS 1-037 Anthon A. Dehaesus Contra y FROM: h r Costa Director of Planning v� z DATE: April 18, 1985 ,'�.„�', .•. Y County SUBJECT: Approval of the Eleventh. Year (1985-86) Community Development Block Grant (CDBG) Program Agreement; Battered Women's Alternatives SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairwoman to execute the' llth year CDBG Program Project Agreement with the Battered Women 's Alternatives with a payment limit of $100,000, to implement acti- vity #3.2- Building Acquisition. FINANCIAL IMPACT: 100% Federal Funds. (HUD). REASONS FOR RECOMMENDATION: The Battered Women 's Alternatives (BWA) provides services and resources to the Contra Costa community in working toward the elimination of domestic .violence. BWA provides individual and group counseling to battered women and their children, legal services to battered women , violence abatement training to battering men and parenting skill training to men and women. The BWA has outgrown their present location on Concord Avenue and are seeking to purchase a new site at 127 Aspen Drive, Pacheco. The new . site will allow for group counseling and training allowing a full range of services not available at the present site. CONTINUED ON 'ATTACHMENT: YES SIGNATURE• RECOMMENDATION OF COUNTY ADMINISTRATOR EC MM NDATIO 1 B-iYARD CqdMITTE17 APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON prl1985 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS .A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Planning ATTESTED April 30, 1985 County Administrator _ PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Auditor-Controller GG� Contractor M382/7•83 - BY _�_ DEPUTY PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 11-32 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended, 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Battered Women's.AltP.rnativP.s Address: P.O. Box 6406 Concord, CA 94524 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. 4 Cocw7y's total payments to Contractor un.7er this Agreement shall r:c� excee6 $ 1.00,000 5. County's Obli rations. 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" r 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, 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: Ga"`-� B4T-J C(:Chairwom Designate O ficial Capacity ,&, u+� � ATTEST: Phil Batchelor, Clerk of the Board of in Organization) S pervj ors and County Administrator By: By: u Y Desi to ficial paci o r Recommends by Dep t ent � Organizat' n) Note to Contractor: r (1) If a public agency, designate official By: capacity in public agency and attach a certi- Anth ny A. ehaesus fied copy of the governing body resolution orm Ap oved: Cou ty Counsel authorizing execution of this agreement. (2) All others: Execute acknowledgment form above, and if a corporation, designate By; 1144U) official capacity in business, execute acknow- e uty ledgment form and affix corporation seal. (Affix Appropriate Acknowledgement Form) STATE OF CALIFORNIA On this 15TH day of APRIL in the year COUNTY1985 OF CONTRA COSTA ' betore me SHIRLEY LEWIS _ a Notary Public, State of California, 1- duly commissioned and sTvorn, personally appeared_ JEAN RICCI fr laCtrso aVX*=vAARmresbaxproved to me on the basis ofsatisfactory evidence) to be the PRESIDENT -of the corporation ,r,1 that executed the within instrument, and also known to me to be the OFFICIAL SEAL person=_who executed the within instrument on behalf of the corpora- RLEY LEWIS ' F4Q77PUBLIC—CALIFORNIA tion therein named, and acknowledged to me that such corporation executed A COSTA COUNTY the same My Commission Expires July 10,1986 IN WITNESS H1fEREOF 1 have hereunto set my hand and affixed my official seal in the ----- County of CONTRA COSTA Th40 .Iua"apartylamwhitl meyInproperbrwaaaimyN o the d t et forth above in this certificate. aarracear ad.M way acb,a u YtlatleO b act,u a a�eaw br" aAica W an aearioy.rM pudrMr:baa riot maNe ury waremy ama aaprpe a mptial u b ar"pal vma y a""M"ap ': ffya pre.b $M any specdc aaua . SHIRLEY L S Notary Public, State of California Cowdery's Form No.28—Acknowledgement to Notary Public—Corporation(C. C. Secs. 1190-1190.1) My commission expires 7 /0—ff6 STATE OF CALIFORNIA On this 15TH day of APRIL in the COUNTY OF CONTRA COSTA 1985 before me SHIRLEY LEWIS a Notary Public, State of California,"= duly commissioned and sworn,personally appeared +' BARBARA GLICK personally known to me(or proved to me on the basis ofsatisfactory evidence) to be the VICE PRESIDENT of the corporation r. that executed the within instrument, and also known to me to be the =—CALIFORNIA SEAL - 1- EWIS person executed the within instrument on behalf of the corpora- `-® CALIFORNIA tion therein named, and acknowledged to me that such corporation executed COUNTY the sames July 10,1986 •'•,�' IN WITNESS WHEREOF I have hereunto set my hand and affixed _--_ ___-------- L my official seal in the --- CONTRA COSTA' County of TIr Ca,nwnrr�aprirYbn Ad rna►z.•bwrrnob on the da t above in this certificate.fr' /rwau rOrm wr sY.rrIYMIEbtl.YII,oIIrYbM � pp -1,.: .uwy0 r�r,r� /N POWr,bllmmyMrYr.p lllw amrrlld ngb/Yb ':`f;si r% M byY•b4r/b rM prr,o„M M rlYirt d MM bn,I n I^Y Iptii ill.r[M\ 'y,�'"�... Cowdery's Form No.28—Acknowledgement SHIRLEY iI , otary Public, State of Californiary , '^ to Notary Public—Corporation IC.C.Secs. 1190-1190.11 8f„I mn,;..i. Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1985-1986 PROJECT WORT{ PROGRAM A. PROJECT DESCRIPTION 11-3,�L Building Acquisition Battered Women's Alternatives (BWA) will purchase the office buiJ6,,.E; at 127 Aspe i Drive, Pacheco. BWA will then move its counseling (men's and women's indi,fidual,and gro;q.�.) legal, training, administrative, educational and support services to,this loc cion. This site is ideal for BWA, a county-wide social service agency, because it is centri-Ay located with easy access to freeways running North/South and East/West. 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 Appraisal 4/15/85 COE 6/1/85 Acquisition 8/1/85 C. PROJECT GOALS Contractor shall define project objectives. Battered Women's Alternatives has the following goals for 1985: To expand the number of men served in the Men's Violence Abatement Training Program — and to add a Couples' Communication and Conflict Resolution Training Program for graduates. — To begin a Living Skills for Independence Program for women referred from the Shelter, Legal, Safe Home, Individual or Group counseling Programs. - To begin a High School Prevention through Education Program. - To begin a "drop-in counseling service for women and teens. - To offer an increased number of trainings for other Contra Costa County community agencies. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 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 conii-acts, purc.h-.se 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 regUired forms are available from the County Planning Department. 101. contrta0s under :',000 entered into shall be i; compliance with procurement tx?ocedui e:s contained ; , Office of Management &,id Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce- ment, Community Development Block Grant Program, and as provided in the Compliance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in the Compliance Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. 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 squired with Community Development Block Grant funds. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Rollie Mullen Battered Women's Alternatives P.O. Box 6406 Concord, CA 94524 676-2845 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 P"^gram objectives and to assist Contractor's staff,in solving problems. `1... 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 CONTRA 'C:.;:: ACTIVITY NUMBER: 11-11 Battered;Womes':, Alternatives P.O. Box 6406 Concord, CA 94524 BUDGET PERIOD:Aprill,1985-September30,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total - $ 11-301 Building Acquisition $1009000 $1509000* $250,000 - Acquisition * Bank Loan e TOTAL $1009000 $1502000 $2502000 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 (e) above including both Community Development and non- community Development funds. (e) Contract Payment Limit for CD project. 2A CERTIFICATIONS 1. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement,. all understandings and assurances contained therein, and directing and authorizing the person identific; as the official representative of the grantee to act in connection with the.subrnJ :ion of the final statement and to provide such additional information as maybe reqs: °,d. (c) That prior to submission of its final statement to HUD, the grante../contractor has met the citizen participation requirements, prepared its final s: o:_=ment of com- munity development objectives and projected use of funds, ani; -:iade the final statement available to the public, as r=-quired by Section IO'(a).(71 o Housing and Community revelopment Act of 1974, es amen ;:xl'; (d) It is followinl< a current housing assistance plan which has been approved by HUD and which mects the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has deveioped 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 Vill of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular hos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title 11 and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition reouirements of Title 111 of the llnifnrm Relocation Assistance and Real Property Acquisition Policies Ac-;: of 1970, and the•implementing regulations at 24 CFR Part 42; V. The labor standards requiremen's as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement Fuch requirements; VI. Executive order 11988 relating 'io the evaluation of flood hazards and Executive Order 11288 relating to the prevention; control, and abatement of ;-.ater pollution. The flood nce. j,u:-chase requiremeni.- c4 Section 102(a) of the Ffnol-r ''j'saster Protection Act of Pu- (Pub.l..•-,.)-234); and VII. No member; Afficer or employee of the grantee/contractor, c: its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; VIII. It will comply with the provisions of the Hatch Act which limits the political activity of employees; IX. It will give HUD and the Comptroller General or any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant; X. It will comply with the lead-based paint requirements of 24 CFR Part 35 issued puprsuant to the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82 GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V, Part 570 as published in the Federal Register, Vol. 30, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the Staie 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 Performarr r Report by the County to HUD, except as follows: Records that are the subject. of audit findings shall be retained for three years after ;rich findings have been resolved. (b) Recored for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (a) Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. (b) Cessation of Funding. In the event the Federal funding for this Agreement ceases, this Agreement is terminated. (c) Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEMENT, H.C.D.A. 1974" effective November 24, 1981, and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreement is made or his designee. Page 2 8, Modifications and Amendments. (a) General Agreements. This Agreement may be modified or amended only be a written document executed by the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written ad- ministrative amendment executed by the Contractor and the head of the County Depart- ment for which this Agreement is made or his designee, subject to any required State of Federal (United States) approval, provided that such administrative amendments may not materially change.the Payment Provisions.or the Prnieet Wnrk Program. (c) Extension of Term for Performance. Without r<cluiring Contr,_�;:."ror to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an c a.tension of iiine 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 Con!:actor concerning the meaining, requirements, or performance of irt15 Agra: mcsrt: sh:::}' i-�e subject to final determination in writing by the heat] of ine County Depai truoit for v:=.;icl: this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Govo.-Ni nent. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the law of the State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions thereof. 13. Original Agreement. The original copy of this Agreement and of any modifi- cation thereto is that copy filed with the Clerk of the Board of supervisors of Contra Costa County. 15. Independent Contractor Status. This Agreement is by and between two indepen- dent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Interest. Contractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if contractor is a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". Page 3 • 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State of Federal statutes or regulations respecting confiden- tiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: (a) All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. (b) No person will publish or disclose or permit or cause to be pulbished or disclosed, any iisi of persons receiving services, except as may be required in the administration cf such service. Contractor agrees to inform all employees, agents and partr•ers of the above provisions, and that any person knowingly and intentionally dis:-?osing such information other than as authorized by alw may be guilty of a misdemeanor. 18. Indemnif ication. (a) (;entracto:' hereby waives all claims and recourse against the County ;ho Hrnii t.Orcaat: ; ,ition for loss or damage ir; ,)rXsons or property arising from, growing out of of in any v!Ly connected with or incident to this Agreement except claims arisinr fro.-,i the concurrent or sole negligence of County, i s 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 direcily or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. " Retained Powers. All powers not explicitly invesied in die Contractor ,::main 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. The Contractor shall secure complei:un of the construction `.veal :; in accordance witi, the approved construction plans and specifications. (c) If the Project includes a`cy•.;isL,.ur: .,i real property, the purchase price for such property shall be determined in accoi dance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be.only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Pay menf-Amounts. Suojeet to later ad us�nis in coLa�gpi;enis in accordance with the below provisions for Cost Report and Settlement, Audits; and Ac: "t Exceptions, anu subject to the Payment Limit of this Agreement, County will pay Car;i.ractor an amount equal to Contractor's allowable costs that are actually incurred, but sub;__et to the "Budget of Estimated Program Expenditures" contained in the Project Work Progr.--;n. 3. Allowable Costs. Contractor's allowable costs are on),,, those which are determined in accordance with all Federal regulations, guidelines-, bulla+:ins, and circulars pursuant to Title I of the Housing and Community Development ;Act of i '74, as published in the Federal Register, Volume 39, No. 220, Wednesrisy, Noy,eiiiber 1. ..974, !:s may be revised and amended. All of the aforesaid docurnents are by. This rei:_once 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, "Cosi Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of higher Education, hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. 'Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shull 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 audii(s) show that the payments made by County. pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs tfuA have actually been incurred by Contractor under this Agreement, including any adjr•<_;tments made .pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contr&ctor 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, ir.clud ng any adjustments made to P1.rac„•rarh 7 (Cost D—oort and Settlement) above,, 1*hen County agrees to pay to _Tactor ar.y such :-xcess amu .ui , but subject to the PaWnl::.. limit of this Agreement. 9. i.,;:!dit 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 The Board of Directors of Battered Women's Alternatives, Inc. hereby resolves: To approve the 85-86 Community Development Block Grant Program Project Agreement with the County of Contra Costa for the acquisition of 127 Aspen Dr., Pacheco. To authorize the President and the Vice-President of the board to execute the above mentioned agreement on behalf of Battered Women's Alternatives, Inc. I certify that the above is true. — zw A