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HomeMy WebLinkAboutMINUTES - 05211984 - COB BOX 73 64 ATL; )BOARD OF SUP WISORS '� Contra FROM: Anthony A. Dehaesus ,,.� ` r"`,.S}a Director of Planning .. Costa DATE: — -February-L5, 1985 County SUBJECT: Approval of the Community Development Block Grant (CDBG) Program Project Agreement with the United Council of Spanish Speaking Organization, Inc. SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION: Approve the CDBG Program Project Agreement with the United Council of Spanish Speaking.Organizations, Inc. (UCSSO), to implement activity 10-24 Farm Worker Housing Rehabilitation with.a payment limit of $49,000. 2. BACKGROUND: UCSSO owns and operates two farm labor housing sites in Brentwood comprised of 18 units at Blue Goose and 10 units at the Colonia Santa Maria site. In the past, the County . has allocated CD funds to rehabilitate these structures, renovate the septic system and provide certain staffing relative to the renovation work. This agreement provides funding for .further rehabilitation work augmented. 'by other funds provided by the State and UCSSO funds. - CONTINUED ON ATTACHMENT: YES SIGNATURE: V"' RECOMMENDATION OF COUNTY ADMINISTRATOR ECO E DAT OF B D COMMITTEE d APPROVE OTHER SIGNATURE(S) '4=- ACTION OF BOARD OH - V 7 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS XUNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISOR ON THE DATE SHOWN. A CC: Planning ATTESTED CAO PHIL BATCHELOR, CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel .{� Contractor M3e2/7-e3 mq2 BY . DEPUTY PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 10-24 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 Co:ancil of Spanish Speaking Organizations Address: P. O. Box 2,87 516 Main Street Martinez, CA 94553 3. Term. The effective date of this Agreement is January 1, 1985 and it terminates Se tem- ber 30, 1985, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $49,000 . 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, subjec•i 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. S. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Final Statement of Community Development Objectives and Projected Use of Funds dated February 29, 1984, and approved by HUD on April 1, 1984; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA C TRACT i By: `� _ Y� 'Jose Luis Preciado, UCSSO yiae_Predident PHIL BATCHELOR, CLERK OF THE BOARD OF (Designate Official Capacity SUPERVISORS AND COUNTY ADMINISTRATOR in Organization) �0, 3 By: Jud S. Bo or TuICSQO Secretar By: - Designs e Official Capacity Deputy in Organization) Recommen d by De rtment Note to Contractor: (1) If a public agency, designate official By. capacity in public agency and attach a certi- An y A. ehaesus fied copy of the governing body resolution authorizing execution of this agreement. Form Approved: Clunty Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate / / official capacity in business, execute acknow- By: (�fU.xO //IA, ledgment form and affix corporation seal. — 'Deputy (Affix Appropriate Acknowledgement Form) STATE OF CALIFORNIA On this_�1 day of � ��-r_s _! in the year J Q8 S COUNTY OF &Wya/ before me { =P'RA ICIAL SEAL �� ' ���`��"— a Notary Public, State of California. �•CHLEBUSdJJJ���Iy commissned and sworn, personally appearedUEdLiC-CALIfORNIA A COSTA COUNTY i - p, 1988ER res 1` 6- personally known tome - e) to be thele ��-o P /co 29ii--i of the corporation that executed the within instrument, and also known to me to be the person 5: executed the within instrument on behalf of the corpora- tion therein named, and acknowledged to me that such corporation executed the same . IN TVITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of &-X� This Cxumant"gtly apx"ral arm which may ve proper ar use"slmple on Tthe date set fort above in this certificate. Va"acemaa aMway Acts.areal«meabeel.esaubsaw"arma V AEvice W sn a nwy.TM pa"lislbr doss not make arty wansmy ache express a ImpW as m / "legal.akany of.r"pr°""°°ar ma suaaWdy w mase arm in any Ape`"`eenaacaon. otary Public, State of California Cowdery's Form No. 28--Acknowledgement to Notary Public—Corporation(C..C.Secs. 1190-1190.1) My commission expires 99:n AGE Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10-24 Farm Worker Housing Rehabilitation This project provides for minor rehabilitation of 18 units at the.,$lue Goose camp and 10 units at the Colonia Santa Maria camp. The work consists of bathroom, flooring, kitchen, doors, electrical, plumbing, sheetrock and other improvements necessary to render these units decent, safe and sanitary. Funding for this project consists of: State, $94,500; County HCD, $49,000; UCSSO, $38,064.88; and CSA, $2,500. 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 Bid Dec. 29, 1984 Jan. 14, 1985 Award Jan. 20, 1985 Construction Feb. 15, 1985 July 15, 1985 C. PROJECT GOALS Contractor shall define project objectives. To rehabilitate 28 dwellings, rendering them decent, safe and sanitary. I 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 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. S. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. " 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. The following conditions must be met prior to release of County funds: 1. All matching funds must be committed prior to release of funds; 2. Building renovation contractor must have prior County approval; 3. Rehabilitation work to be completely reviewed and approved prior to initiation of this agreement. 4. UCSSO must provide County a commitment and a time schedule for implementation of management plan; 5. UCSSO must make an additional commitment of in-house staff to support its housing efforts; and 6. The properties to be improved are to be liened for the aggregate amount of the allocation, with provisions for review of possible repayment. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Marceleno Vasquez UCSSO 516 Main Street Martinez, CA 94553 (415) 229-2210 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: U.C.S.S.O. ACTIVITY NUMBER: 10-24 P. O. Box 287 516 Main Street Martinez, CA 94553 BUDGET PERIOD: January 1, 1985-September 30,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ Construction/Permits $34,520 $1359064.88* $184,064.88 . Labor 80000 . Administration 51400 . Fringes 19080 *Matching Funds: State $94,500.00 CSA 21500.00 UCSSO 380064.88 e TOTAL $49,000 $1359064.88 $184,064.88 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; If. 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. z . 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 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 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 0 • PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be-incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. • Page 2 The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States. government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If'such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor..also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 • pniteb (gaunt! f'SpttniS4 �*Fettkin$ (Organizations, �Jnc. n P.O. Box 287 —516 Main Main Street / Martinez, California 94553 (415) 229-2210 -\ UCSSO BOARD RESOLUTION The Board of Directors of the United Council of Spanish Speaking Organizations in its regular meeting of January 23, 1985, approved signing the following resolution: 1. To accept Project Agreement (No. 10-24) Farm Labor Housing Rehab- ilitation from the Contra Costa County Community Development Block Grant Program for rehabilitation of 18 units at Blue Goose Camp and 1.0 units at Colonia Santa Maria Camp. (UCSSO Action Item Number 11-85). 2. To accept, in consequence grant of $49,000 from the County (Forty nine thousand, dollars). 3. To designate Jose Luis Preciado, UCSSO Vice President and Judy Bojorquez, UCSSO Secretary to act on behalf of the Council and to sign the necessary documents required to complete the grant transaction: �S2 P Signature--Jose Luis Preciado S' nat -Judy iVio3iduez Ju Bo rquez, USS Sec a ary Date and o Directors THIS C.":Y 0'4 19L' !VOTARY PUB C-CALIFORNIA `- Ob'FICLAL S3nL � , ALLIE N1CHEB NOTARY PUBLIC,-CALFOU�RS� ' A CGNTRACOSL1COJN My Comm E-Plles Tan 20,19Q'�i P.O. Box 345 252 Marina Way 518 Main Street 1454 Rumrill My tk2h'0 bStr8et� 426 E. 10th Street Oakley,CA Richmond,CA Martinez, CA San Pablo,CA ��a� e(1 od,CA Pittsburg,CA 94561 94801 94553 94806 ),N �('�d513 94565 14151625-2204 (415)232-6050 (415)229-1600 (415)234-8281 F1� (415)634-2193 (415)439-7515 634-6144 < TO: BOARD OF SARVISORS Contra FROM: Anthony A. Dehaesus Costa of Planning County July 20, 1984 SUBJEcTApproval of the Tenth Year (1984-85) Community Development Block Grant (CDBG) Program Project Agreement and Carryover of Funds. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authorize the Chairman to execute the Tenth Year CDBG Program Agreement with the Legal Services Foundation of Contra Costa County implementing Activity #10-7-Housing Counseling and Legal Assistance with a payment limit of $29,547.85 composed of $20,000 from the Tenth Year allocation and $9,547.85 carryover funds from the Ninth Year. BACKGROUND: The 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 workshops will be conducted for groups and agencies concerned with housing. CCLSF will handle referrals from the Housing Alliance, UCSSO, Pacific Community Services, Inc., the Carquinez Coalition as well as other agencies and community groups. i CONTINUED ON ATTACHMENT: YES SIGNAT E 4( ,I'� RECOMMENDATION OF COUNTY ADMINISTRATOR RE O NDAT N OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: planning ATTESTED County Administrator J OL ON, COUNTY CLERK (Aunty Counsel AND EX OFFICIO CLERK OF THE BOARD Auditor-Controller Contractor M3e2h•83mq/B BYDEPUTY STAT 17 t h OF CALIFORNIA On this_ day of July in the year COUNTYOFCONTRA COSTA 1984 - before me ROSE MARIE i OVATO a Notary Public, State of California, duly commissioned and sworn,personally appeared Paula A. Gorelick & Mark Goldowitz personally known to me(or proved to me on the basis of satisfactory evidence) tobethe President $. Executive Dire ctoorfthe corporation ,� oMtu�SEa. ROSR MARIE LOVATO that executed the within instrument, and also known to me to be the NOTAfiY PUBLICGCALIFORNIA person s who executed the within instrument on behalf of the corpora- , Prty Coo is M contmxpims Cotta County My Cowtmbtbn Expires Aug.14 1997 time therein named, and acknowledged to me that such corporation executed thesame Project Agreement IN WITNESS WHEREOF I have hereunto set my hand and affixed my ofcial seal in the City of RichmonuCounty of Contra Costa Ties dowment is onry a general tam whim my on,OmWr for use in simple on t to set forth abe_4 this rtificate. traraartiona and r re way ads•a e intended to act,ss a substdute for the ���.r]//q,��a 7/C��' advice d an Money.T wkn44lnr down rot make umy warranty ermar express a implied m to t L.//(�� /L(J On bgel valldfy of any,romion o the suitability of dnae forms in any spwfk tranadkn. Cowdery's Form No.28—Acknowledgement Notary Public, State of California to Notary Public—Corporation (C.C. Secs. 1190-1190.1) My commission expires 8 -14-87 V PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 10-7 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 Avenue Richmond, CA 94802 3. Term. The effective date of this Agreement is April 1, 1984 and it terminates March 31, 1985,unless sooner terminated as provided herein,subject to all terms,conditions,and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $29,547.85. 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 29, 1984,and approved by HUD on April 1, 1984; and as more particularly described in the "Pi oject Wrk Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CO By: 1Dr�t�� By: j Chairman, Board of Supervisors Designate O i ial Capacity ATTEST: J. R. OLSSON, County Clerk in Org ni ation) By: ak2f x—nem G �/� By '�/y� De uty (Designate Official Capacity in Organization) ` • Recommende y Depar ent to Contractor: If a public agency, designate official ' By: capacity in public agency and attach a certi- Anth y . Dehaesus fied copy of the governing body resolution S authorizing execution of this agreement. t F m Approved: Cou ty Counsel (2) All others: Execute acknowledgment t form above, and if a corporation, designate v official capacity in business, execute acknow- By: ledgment form and affix corporation seal. Ir ffe7Lrt Y (Affix Appropriate Acknowledgement Form) S r . • v Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 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 opportuni- ties in the County for low and moderate income people. Legal education workshops will be conducted for groups and agencies concerned with housing. Referrals will be coordinated with the Housing Alliance, Pacific Community Services, Inc., Carquinez Coalition, United Council of Spanish Speaking Organizations, and other agencies and community groups. 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. 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 Community Workshops/Education 4-1-84 3-31-85 Referral Coordination 4-1-84 3-31-85 Housing Cases 4-1-84 3-31-85 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. Handle housing cases. I Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, the contractor shall comply with applicable provisions contained in the County's "Guide for Compliance with Assurance and Certifications Under the Housing and Community Development Act". 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services.. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in complaince with bid procedures contained in the Complaince Guide cited. 6. All construction contracts over $100,000 shall be in complaince with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped:, Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the .Work Program. Mark Goldowitz, Executive Director Contra Costa Legal Services Foundation 1017 MacDonald Avenue Richmond, CA 94802 (415) 233-9954 Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING I. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representa- tives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: C.C. Legal Services Foundation ACTIVITY NUMBER: 10-7 P. O. Box 2289 Richmond, CA 94802 BUDGET PERIOD: April 1, 1984-March 31,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 10. LEGAL SERVICES $29,547.85 -0- $29,547.85 - Salaries - Fringes - Travel - Misc. (e . TOTAL $29,547.85 $29,547.85 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. lk LAW OFFICES OF CONTRA COSTA LEGAL .SERVICES FOUNDATION • MAIN OFFICE 1017 MACDONALD AVENUE. P.O. BOX 2289 RICHMOND. CALIFORNIA 94802 MARK GOLDOWITZ - TELEPHONE ' EXECUTIVE DIRECTOR (415)233.9954 RESOLUTION 84-1 The Board of Trustees of the Contra Costa Legal Services Foundation hereby resolves that the President of the CCLSF Board of Trustees, Paula A. Gorelick, and the Executive Director of CCLSF, Mark Goldowitz , are hereby authorized to execute on behalf of CCLSF a contract with the County of Contra Costa, for services to be provided under a grant of. Community Development Block Grant Funds. The above Resolution was adopted by the Contra Costa Legal Services Foundation Board of Trustees on Thursday, May 3, 1984. Dated: May 3 , 1984. PAULA A. GOREL R PRESIDENT OF H BOARD TO: BOARD OF SOERVISORS • e FROM: Anthony A. Dehaesus Contra ontra Director of Planning Costa DATE: July 2, 1984 County SUBJECT: Approval of the Tenth Year (1984-85) Community Development Block Grant (CDBG) Program Project Agreement with Many Hands, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION The Chairman is authorized to execute the Tenth Year Community Development Block Grant program project agreement with Many Hands, Inc. for activity #2 - Recycling Center Construction with a payment limit of $120,000. BACKGROUND Many Hands, Inc. currently provides sheltered workshop facilities to provide employment to mentally and emotionally handicapped persons for East Contra Costa County residents. This new project would allow expansion of this activity to further these program goals and objectives for the clients it serves. The site for this project will be secured with a thirty year lease with an option to purchase with all lease payments to be applied toward the purchase price.The lease payments will be made with Short-Doyle funds. Community Development funds will be utilized for site improvements, installation of utilities, building foundation and erection of a prefabricated metal building. Expenditure of funds under this agreement is subject to.the contractor obtaining a suitable lease acceptable to the County. ;S CONTINUED ON ATTACHMENT: YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATORRECOMMEN ATIO 'OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) 1/�{> �Q 'g ACTION OF BOARD ONAPPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Planning ATTESTED 0 ZG} U Q"/ County Administrator Office J. . OLSSO COUNTY CLERK Auditor-Controller (Attn:Betty Periera) A EX OFFICIO CLERK OF THE BOARD County Counsel Contractor M382h-83mq/D BY � ���� DEPUTY • PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 10-2 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974 as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Many Hands, Inc. Address: P. O. Box 1487 Pittsburg, CA 94509 3. Term. The effective date of this Agreement is May 1, 1984 and it terminates March 31, 1985, unless sooner terminated as provided herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $120,000. 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the ."General Conditions" and the "Certifications" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Final Statement of Community Development Objectives and Projected Use of Funds dated February 29, 1984, and approved by HUD on April 1, 1984; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By: �D ��t B . Chairman, Board of Supervisors "Oesig "Ofal Capacity f 8 ATTEST: J. R. OLSSON, County Clerk in Organization) By: By° D puty Designate Off ici4 Capacity in Organ iza n) a-c4 Tm�U Recommend i by Depa ment I , Note to Contractor: If a public agency, designate official By: i capacity in public agency and attach a certi- An h ny A. Dehaesus fied copy of the governing body resolution authorizing execution of this agreement. Form Approved: Co my Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate _ official capacity in business, execute acknow- y By: ledgment form and affix corporation seal. Deputy . (Affix Appropriate Acknowledgement Form) STATE OF CALIFORNIA On this sixth day of .Tune in the year COUNTY OF r r, r c r a 19 8 4 before me Nancy L. Parent a Notary Public, State of California, duly commissioned and sworn,personally appeared Richard V. V. Stringham 11 and Paul Ramirez Y OFFICIAL SEAL personally known to me(or proved to me on the basis of satisfactory evidence) NMKY L ►AREM to be the Pres i d en t and Vice–Pres i d e n t of the corporation t NO. RV 1USLIO�Ow►IFORNIA cosrA OWNrY that executed the within instrument, and also known to me to be the MI COMM1010e Expires be,foe 1884 person s 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 myofcialsealinthe California Coof Contra Thwme Thu dont ts Dray a peroral form wnama dr y De proper for use in eimple Costa on the dates a e in t certificate. s traroatiana "in no way acts,or is:mended at act,as a xuos Lina for Me t adv1x of an anorney.TM publ War does not manta any war"eine,express or implied as to so tope]validity of any provision or da suitai of tees,forms in any epacilc oansanion. Cowdery's Form No. 28—Acknowledgement Notary Public, State of California y to Notary Public—Corporation(C. C. Secs. 1190-1190.1) My commission expires Dec . 28 , 1984 i • Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10-2 Recycling Center Construction of a Sheltered Workshop/Recycling Center for emotionally handicapped individuals, on a site secured by a thirty-year lease. The project wil include necessary improvements to land, leveling, grading, etc., building foundation, erection of prefabricated: metal building, hook up utilities and erecting fencing. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Site selection and secure lease 6-1-84 Improvements to land - leveling grading 6-1-84 6-30-84 Building foundation 7-1-84 7-30-84 Erect prefabricated metal "butter" building 8-1-84 8-30-84 Utilities hook-up and fencing 9-1-84 9-30-84 C. PROJECT GOALS Contractor shall define project objectives. I. Construct attractive, functional facility to carry out program goals and objectives for the clients it serves. 2. Maintain and expand sheltered workshop employment positions. 3. Increase recovery of recyclables from the solid waste stream. 4. Provide East Contra Costa County residents with a major asset to community and a model of collaborative effort to provide quality community service. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. All contracts under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, attachment O and any other applicable HUD regulations. 4. In all construction contracts over $2,000 enforce and administer Labor Standards Requirements in accordance with Title 1 of the Housing and Community Development Act of 1974, HUD Handbook 6500.3 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in the Complaince Guide cited. 6. All construction contracts over $100,000 shall be in compliance with the bonding and insurance requirements contained in OMB A-102 Attachment B, and with the require- ments of the Clear Air Act and Federal Water Pollution Control Act. 7. Comply with all applicable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Acces- sible to, and Usable by, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, notify applicable minority owned business firms located in Contra Costa County of bid opportunities for Community Development funded projects and maintain documentation of such efforts. A listing of minority owned businesses located in Contra Costa County and neighboring counties is available from the County Planning Department. 9. Transmit to the County Planning Department a copy of all construction contracts over $2,000 prior to the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. Any lease agreement must be submitted to the County Planning Department to be reviewed prior to entering into any such agreement. When the lease agreement is acceptable to the County, the Contractor will be given written authorization to proceed as to the form and context of said lease. Any contract or lease will be submitted to the County in advance of final approval such that adequate time is allowed for thorough review by County staff. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Norton G. Ryne - Ex Director 754-5915 Many Hands, Inc. P. O. Box 1487 Pittsburg, CA 94509 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 Special Quarterly Status 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: Many Hands, Inc. ACTIVITY NUMBER: 10-2 P. O. Box 1487 Pittsburg, CA 94509 BUDGET PERIOD: April 1984-March 31,1984 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 2. Recycling Center Expansion $120,000 $ -0- $120,000 - Lease - Advertising - Bid - Construction - Misc. (e) TOTAL $1209000 $ -0- $120,000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources. (d) Sum of (b) and (c) above including both Community Development and non- community Development funds. (e) Contra Payment Limit for CD project. CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement, all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required. (c) That prior to submission of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development objectives and projected use of funds, and made the final statement available to the public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (d) It is following a current housing assistance plan which has been approved by HUD and which meets the requirements of Section Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the final statement of projected use of funds may also include activities which the grantee/contractor certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health and welfare of the community, and other financial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and other authorities as specified in 24 CFR 58.5; and (2) Is authorized and consents on behalf of the grantee/contractor and himself/her- self to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official; II. The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 2964 (Pub.L.88-352) and implementing regulations issued at 24 CFR Part 1; (2) Title VIII of the Civil Rights Act of 1968 (Pub.L.90-284), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub.1.93-234); and VII. No member, officer or employee of the grantee/contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that is shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; V11I. 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. o 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 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 f3, 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 <-,4a in 1, qn C. J (415) 754-5915 Post Office Box 1487 t Pittsburg, CA 94565 RESOLUTION At its' Board Meeting of May 21 , 1984, the Board of Directors of Many Hands, Inc. passed a resolution authorizing the execution of the project agreement under the "Community Development Block Grant" program. It further authorizes Paul Ramirez, President, and Richard Stringham, Vice President, to execute said agreement. President Vice President 1A AN I certify this9,'—Boa- r'i5e4 cap, a i rd Mem be TO: B6.ARD OF SARVISORS FROM: Anthony A. Dehaesus Contra Director of Planning Costa DATE: May 21, 1984 Cou "J SUBJECT: Approval Tenth Year (1984-85) Community Development Block Grant (CDBG) Program Project Agreements with Pacific Community Se es, Inc. (PCSI) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the Chairman to execute two agreements with Pacific Community Services, Inc. implementing Action #1 - Housing Development Assistance and Activity #6 - Housing Counseling. Activity #1 has a payment limit of $71,582.31 comprised of $55,000 Tenth Year Allocation and $16,582.31 carryover from the previous years on-going project. Activity #6 has a payment limit of $50,000 of Tenth year allocated funds. BACKGROUND 1. Activity #1, Housing Development Assistance, has been an on-going project since the 1982-83 program year for the 130 unit mixed Planning Unit Development "Havenwood" project in Brentwood. Site acquisition took place last year with certain pre- development activities including easement acquisition, final map approval, DRE Subdivision approval and marketing, loan closing and purchaser counseling to occur this program year. 2. Activity #6 provides housing counseling, serving eligible residents in Supervisoral District 5, providing direct service to low moderate income people regarding landlord tenant relations, fair housing, mortgage default and delinquency counseling and information and referral service. �f CONTINUED ON ATTACHMENT: YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR COMk4 DATION F BOARD MMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT > I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Planning `2�/>� /f 1-'/CC: County Administrator Office ATTESTED e Auditor-Controller (Attn: Betty Periera) J.R. LSSON, COU14TY CLERK County Counsel AND EX OFFICIO CLERK OF THE BOARD Contractor M3e2/7-e3 1G BY �p��. DEPUTY iSy � �OP1TuA 00STA COUNTY, PROJECT AGREEMENT A+vNiF'r, DC'f"ATMEN7 COMMUNITY DEVELOPMENT BLOCK GRANT !�gRf3,jUi�3 Wg$ber: 10-1 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Pacific Community Services, Inc. Address: 501 Railroad Avenue Pittsburg, CA, 94565 3. Term. The effective date of this Agreement is April 1, 1984 and it terminates March 31, 1985,unless sooner terminated as provided herein,subject to all terms,conditions,and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $.71;,58;2:31: 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 o,f Community Development Objectives and Projected Use of Funds dated February 29; 1984,and approved by HUD on April 1, 1984 ; and as more particularly described in the "Project Work - Program' , attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTO BY: /-7 oy� - By: i 'Lai �� X^ , < By: ' Chairman, Board of Supervisors (Designa ficial Capacity ATTEST: J. R. OLSSON, County Clerk O ga�nization) By: By: D ut Desi to Official Capacity p y in Organization) Recommended y Depar ment Note to Contractor: ( (1) If a public agency, designate official capacity in public agency and attach a certi- By' fled copy of the governing body resolution Antho y A. Dehaesus authorizing execution of this agreement. For Approved. Cc u y Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- By: /� ledgment form and affix corporation seal. (Affix Appropriate Acknowledgement Form) sarrdx r uorssrururoo SN (1'061T-06TT 'saaS•p 'p)uojjurodrop—oggnd.CrajoH of 99-9T=ZT quauraspajmou3jod—gz -ON uuo3 s,,faapmoo er¢rorr je0 ro al ejs `or( Gr [�( �aw.swn PNwVV AVB W aw q acaW w wuwMm aq m apcuwp Aua w AMV?a.rvew aa al as PryldwimRaWereyW AWaIIBM Aua eMaw lw caaO+oV�Pb ayy AawaW ww�+Va - aWmlVWMSM6Bsa'MMPPolul0m�4 AVM w al PR WgrywFMa :a7Zvlu! o urFaouqrz? qjs ras aj rj aawwn:wmm;wCaM aq Aaw ipnw uuoi MA.W a 4post WWAWMP qu Jo0 aqj ur yeas lerabuo Xw pax!jje pue pueq fw jas ojunwag anuq 1403NVHM SSVNLIA1 NJ awes aqj ajnaaxa uorperodro� Bans jegj aw of p p j p pa qj j p a� a n�ou au ue ` urea urara uor _urodroo aqq jo3regaq uo juawrr.rjsur urgTrm aqj pajnoaxe oqm--s–uosrad (' aqj aq of aw of umou3j osre puu `juawn gsur urgjrnA aqj pajnaaxa juga _" H uorjero a a Vi'^ 1j rU��O �j aj ��za–ao r� ant�naaxg 9 �uaptsazd-aoiitp ,r ar (aouaprea,Lrojoe3srpes jo srsuq aqj uo aur of panoid ao)am of umorTrj jguosa V w °Il8 ` poazg KJJVH pue imoa82D uan94S pIIP ^�byV o r livi Y ogog K-ivaH pareadde 6jreuosrad`ruonrs pue parrolssrrrrruo,7I Q �" io 'erurojgej jo a?v7S lrlgnd.LrajoAr u ` q�Tnis �tpp aur a rojaq I Z tl� .read aqj ur [T.rd �/S6i rJ�, ..g7gi sttJ?u0 Y�So, - Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10-1 HOUSING DEVELOPMENT ASSISTANCE Site acquisition and predevelopment activities including easements, recording of final map and DRE approval for 130 unit mixed income planned unit development, zero lot line subdivision with a deferred loan assistance program to low and very low income home buyers to reduce monthly payments. 'A deferred loan assistance fund to be generated from mark- ups of units and recapture of predevelopment funds will be applied through an AITD loan and/or buy downs. Assisted buyer will be counselled under PCSI's pre-purchase counseling program. B. PROJECT TIME SCHEDULE _ Time Schedule on a month-by-month basis for the`above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date I. Easement Acquisition On-going May 1984 2. Final Map Approval/Recordation On-going May 1984 3. DRE Subdivision Approval On-going June 1984 4. Close Construction Loan On-going May 1984 5. Marketing and Pre-sales May 1984 September 1984 6. Close Escrow on 1st Unit May 1984 September 1984 7. Pre-purchase Counseling for July 1984 May 1985 assisted buyers. C• PROJECT GOALS Contractor shall define project objectives. 1. Provide 130 units of new housing of which 65 will be available to low and moderate income families in Contra Costa County in a mixed income project. 2. Facilitate reduced energy consumption/costs to residents through energy efficient design of units, siting, and development plan. 3. Create a viable neighborhood that will continue to provide satisfaction to residents and the larger Brentwood community. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all contracts, purchase agreements, invoices entered, the contractor shall comply with applicable provisions contained in the County's "Guide for Compliance with Assurances and Certifications Under the Housing and Community Development Act". 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. In 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 Clean 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. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. Tom La Fleur, Housing Director Steven J. Giacomi, Executive Vice-President Pacific Community Services Corporation 501 Railroad Avenue P. O. Box 1397 Pittsburg, CA 94565 439-1056 Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's staff will meet at least once per quarter with appropriate County staff and Housing and Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: Pacific Community Services Corp. ACTIVITY NUMBER: 10-1 501 Railroad Avenue Pittsburg, CA 94565 BUDGET PERIOD: April 1, 1984-March 31,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ Housing Development $719582.31 -0- $71,582.31 Assistance - Salaries - Fringes - Travel - Office Expense - Misc. (e) TOTAL $719582.31 $ -0- $71,582931 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 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 e 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. 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. o 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. i "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 I1. 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 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 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. 18. Indemnification. (a) Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage, to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified .coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of the Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mails or of other delivery. Page 4 21. Available Copies. Copies of the County's Project documents (as speci- fied in Paragraph 8, Project, of this Agreement), and all pertinent Federal statues, regulations guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly invested in the Contractor remain in the County. 23. Project Development. (a) If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shall be determined in accordance with the requirements contained in Department of Housing and Urban Development (HUD) Handbook 1376.1, Relocation and Real Property Acquisition. The appraisal reports and qualifications of appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County. Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgement. 24. Project Termination. It shall be a policy of the County that any project funded in any way through the Community Development Program that is cancelled, abandoned or fails during the contract period or is otherwise completed, all remaining funds allocated shall be immediately returned to the County. Property acquired with the use of federal funds, in whole or in part, under the Community Development Program that falls to disuse, is abandoned or is no longer needed for the original intended purpose within 20 years of acquisition, will be disposed of in accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la PAYMENT PROVISIONS 1. Pavment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement shall be only for costs that are allowable costs (see Paragraph 3 below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. 5. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to'furnish information or .to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently . itemize or document its demands for payment. 6. Payment Adjustments. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expendi- ture. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any participant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. Page 2 • The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State or United States government, in addition to any certified cost report or audit required by Paragraph 7 (Cost Report and Settlement). Any certified cost report or audit required by Paragraph 7 shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2 (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If'such audit(s) show that the allowable costs that have actually been incurred by Contactor under this Agreement exceed the payments made by County pursuant to Paragraph 2 (Payment Amounts) above, including any adjustments made pursuant to Paragraph 7 (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8 (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or comply- ing with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. DF/jal/la 3/16/82 Pacific Community ;; '; Services Wit, 501 RAILROAD AVENUE P.O. BOX 1397 PITTSBURG, CALIFORNIA 94565 (41h "1059 RESOLUTION # 82-008 BE IT RESOLVED that the Board of Directors of Pacific Community Services, Incorporated (PCSI) does authorize PCSI to enter into Agreement with Contra Costa County as follows: HOUSING PRODUCTION CONTRACT for Havenwood Village, Brentwood Project, effective April 1, 1984, terminates March 31, 1985, not to exceed $ 79,591.41. BE IT FURTHER RESOLVED that the Board of Directors of PCSI does hereby approve and authorize Harry Freed, President and Steven J. Giacomi, Executive Vice-President to execute the subject Contract Agreement with Contra Costa County on behalf of PCSI. I HEREBY CERTIFY ,that the above the foregoing Resolution was duly passed by the Board of Directors of PCSI at a regular meeting held on the 18th day of April, 1984, by the following vote: AYES: 13 NOES: 0 By. ABSENT: 12 Preside By: Secre ry By. xecu Vice-President PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 10-6 1. Agreement Identification. Department: County Planning Department Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974, as amended. 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Pacific Community Services, Inc. Address: 501 Railroad Avenue Pittsburg, CA, 94565 3. Term. The effective date of this Agreement is April 1, 1984 and it terminates March 31, 1985,unless sooner terminated as provided herein,subject to all terms,conditions,and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $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 29, 1984,and approved by HUD on April 1, 1984 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR //y� Za& � BY By: X0 BY: ' Chairman, Board of Supervisors De ' at,_Q ficial Capacity in rg nization) ATTEST: J. R. OLSSON, County Clerk By: exec. v.P By. ate Official Capacity De uty in Organization) Recommended' y Depart ent ote to Contractor: ��� ✓ 1) If a public agency, designate official capacity in public agency and attach a certi- Anthony . Dehaesus fied copy of the governing body resolution authorizing execution of this agreement. Form Approved: Count Counsel (2) All others: Execute acknowledgment form above, and if a corporation, designate y - / official capacity in business, execute acknow- By: !% ledgment form and affix corporation seal. Deputy (Affix Appropriate ;< Acknowledgement Form) STATE OF CALIFORNIA On this 18th day of April in the year COUNTY OF Contra Costa 1984 before me Sally J. Smit a Notary Public, State of California, duly commissioned and sworn,personally aPgeared Henry Bobo and Steven Giacomi and Harry Freed onall kn wn to me(or proved to me on the basis of satisfactory evidence) re eng, �g l to be the Vice–President & Executive Vice–Pre�itARitR.poration WAAARY PUBLIC-CAL]E02N1A that executed the within instrument, and also known to me to be the CONT'.A COSTA COUNTY persons, who executed the within instrument on behalf of the corpora- SALLY 1. SMITH tion therein named, and acknowledged to me that such corporation executed My COMMISSION EXP. 12 116 185the same IN WITNESS WHEREOF I have hereunto set my hand and axed my official seal in the County of Contra Costa Thm document w orgy a gmeml tone wh m mer be pmpet fm use m mm* o th to s forth a ove_in certificate. Vmmcb"and in M way acts,W is intended m act,as a suM6Wm W Ne advice of m aaarary.The puhlWw dose nm make any wanmay eahw supines n implied as to ft copal vahoy of airy pmvWm a the suaeaiidy of Nese tmma m my specft hmsaction. tory, ublic, State of California Cowdery's Form No. 28—Acknowledgement 12-16-85 \ to Notary Public—Corporation(C.C.Secs. 1190-1190.1) My commission expire Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 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. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Continuation of Comprehensive Housing April 1, 1984 March 31, 1985 Service Program to provide the _. following services: I. Dissemination of Counseling Program Information 2. Mortgage Default and Delinquency 3. Fair Housing Services 4. Rent Payment Delinquency 5. Tenant/Landlord Mediation 6. Information and Referral 7. Developments of Monthly Progress Reports on Services Rendered C. PROJECT GOALS Contractor shall define project objectives. Provide services to 450 cases including 200 Mortgage/Rent Default and Delinquency cases, 150 tenant/landlord relationship cases and 100 information and referral services. by March 31, 1985. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performancle standards )indicated (details of project implementation) will be applied in implementing the Work Program. 1. In all cont Batts, purchase agreements, invoices entered, the contractor shall comply with applicable provisions contained in the County's "Guide for Compliance with Assurances and Certifications Under the Housing and Community Development Act". 2. In all contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain 'the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. In all contracts, purchasle 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. I �• 3. All contracts under $101000 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 const I,uction 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 Complaine 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 Clean 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 minlimum, 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 tol 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. Rose Mary Tumbagal Assistant HI using Director Steven J. Giacomi, Executive Vice-President Pacific Community Services P. O, Box 1397, 501 Railroad Avenue Pittsburg, CA 94565 j (415) 439-1056 Page 4 PROJECT WORK PROGRAM F. PROGRAM MONITORING 1. Contractor's) staff will meet at least once per quarter with appropriate County staff and Housing and, Community Development Advisory Committee representatives, where applicable, to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by, sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: Pacific Community Services Corp. ACTIVITY NUMBER: 10-6 5011 Railroad Avenue '_­ Pittsburg,bCA 94565 I BUDGET PERIOD: April 1, 1983-March 31,1984 (a) (b) (c) (d) i Budget Item CD Funds - $ +Other Funds - $ =Total -$ Comprehensive Housing $509000 -0- $502000 Counseling - Salaries - Fringes - Travel - Space - Supplies - Training TOTAL $50,000 $ -0- $509000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible Ito 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 cPayment(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 ceI rtifies 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 governingi I body has dully 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 I 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 hof 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 they public, as required by Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended; \1� (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 office) or other officer of the grantee/contractor approved by HUD: I (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 58i 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 co nducted and administered in compliance with: (1) Title VI If 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 communityldevelopment in a manner to affirmatively further fair housing; (3) Section 109 of the HI using and Community Development Act of 1974, as amended; al d the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246,1 as amended by Executive Orders 11375 and 12086, and implementing regulations issues at 41 CFR Chapter 60; (6) Executive Order 11063, las amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; (7) Section 5041 of the Rehabilitation Act of 1973 (Pub.L.93-112), as amended, and implementing regulations when published for effect; (8) The Age DiscriminationI Act of 1975 (Pub.L.94-135), as amended, and imple- menting regulations when published for effect; Certifications - Page 2 (9) The regulations, policies, guidelines and requirements of OMB Circular Nos. A-102, Revised, A-87, A-110, and A-122 as they relate to the acceptance and use of Federal funds under this federally-assisted program; III. The relocation requirements I f Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; IV. The acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42; V. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to 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-baseld 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 I. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws land 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,Ithe 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 bleen 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. li (c) Failure by the Contractor to perform properly any of its obligations under this Agreement maybe 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 shallibe deemed fo exist or to bind any of the parties hereto. 7. Further Specificatio Is for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing or Iregulatory 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 Agreemenit" 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 Iby the Contractor and the Contra Costa County Board of Supervisors, subject to any required State or Federal (United States) approval. (b) Administrativ I 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. I 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 limilted to, the identity of recipients, their records, or services provided them, and assures thalt: (a) All applicati fins 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 nolt 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 partnerslof 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, costsl, 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 ass co-defendant in such legal action in which event County shall bear its own litigation cosi, 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 officbrs and employees as additional insureds, with a minimum combined single limit coverage I 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, iising 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 JContra 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 Devel I pment. (a) If the Iroject includes construction, the construction plans and specifications shall be reviewei and approved by the Contractor before construction is commenced. (b) The Contractor shall secure completion of the construction work in accordance with the approved ci nstruction plans and specifications. (c) If the Project includes acquisition of real property, the purchase price for such property shalll 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 Termini tion. 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 [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. I 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.1 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 S Ittlement. 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 4 Page 5 The Contractor shall provide County with a Certificate of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of the actual cost of services under this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records if 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 bell 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 thel 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 f le payment, payable month!y in accordance to the fee payment schedule in Item II, Fixed Fee Payments, be ow. (b) Monthly Services RI port. Contractor shall submit with monthly demand for payment a Monthly Services Report which documents performance of Contractor in the event the Contractor's performance indicates a shortfall in achieving project goals, Contractor shal provide County with such written documentation which justifies submittal of the demand. 11. Fixed Fee Payment Schedule. The above program budget shall be subject to the following fixed fee payment schedule for the line items.of Administration and Services providing the Contractor submits demands at least 6 working days prior to payment date: Payment Date, Period Total May 13, 1984 April 1-30, 1984 49167 June 15, 1984 May 1-31, 1984 49167 July 15, 1984 June 1-30, 1984 49167 August 14, 1984 July 1-31, 1984 4,167 Sept. 15, 1984 August 1-31, 1984 42167 Oct 15, 1984 September 1-30, 1984 41167 Nov. 15, 1984 October 1-31, 1984 49167 Dec. 15, 1984 November 1-30, 1984 49167 Jan. 15, 1985 December 1-31, 1985 49167 Feb. 15, 1985 January 1-31, 1985 4,167 March 15, 1985 February 1-29, 1985 49167 April 15, 1985 March 1-31, 1985 41163 ITotal $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 TO: BOARD OF SARVISORS FROM: Anthony A. Dehae�sus Contra ViAectoA o4 Ptanning Costa DATE: ApAil 21, 1984 County SUBJECT: AppAoval o4 the Tenth VeaA ( 1984-85) Community Development Block GAant (CDBG) PAogAam PAoject AgAeement with the United Councdt o4 Spanish Speaking OAganizati.o" and teaUocation o4 4un'ds. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: The ChaiAman is authoA.ized to execute .the Tenth VeaA CDBG PAogAam PAo9ect AgAeement with the United Council o4 Spani6h Speaking OAganizati.ons IUCSSO) 'i;mplementing Activity #23 - Septi.c System RepaiA with a payment tim.it o4 $20,000 Aeaetocati.on 4Aom the 1984-85 Housing Set-Aside 4und. BACKGROUND: The United Council o4 Spanish Speaking OAganizations appAoached County Sta44 Aelative to gAanti.ng 4und6 4oA AepaiA o4 the septic system at the Colonia Santa. MaA.ia FaAm LaboA Center located just sough. o4 BAentwood. The County Health DepaAtment ha,5 di ected that coAAective action to pAevent the duschaAge o4 sewage 4Aom the septic system must be taken. Colonia Santa. MaAia wa3 puAchased and paAt is ty Aehabit toted with the use o4 County CDBG and matching State 4unds. i i I I ,I �i yz CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR R OMI NDA ION OF OARD COMMITTEE APPROVE �' OTHER SIGNATURE(S) C_ I o ACTION OF BOARD ON 74 7 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISOWZTHEDATE SHOWN. CC: Planning ATTESTED County Admin.6tAatoA J.R. OLSSO . COUNTY CLERK Aud.itoA-ContnotteA AND EX OFFICIO CLERK OF THE BOARD County Counsel ContAacto)t M382/7•83 BY DEPUTY 1 • PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM I Number: 10-23 1. Agreement Identification. D Ipartment:County Planning Department Subject; Allocation of Federal funding under Title I of the Housing and Co I munity 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: Conlitractor: United Council of Spanish Speaking Organizations Address: P. O. Box 287 516 Main Street Martinez, CA 94553 3. Term. The effective date of this Agreement is April 25, 1984 and it terminates June 30, 19841 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 $209000 . 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 Conditionsland Assurances. i This Agreement is subject to the "General Conditions" and the "Certifielati.ons" attached Hereto, whicH are incorporated herein by reference. 7. Contractor's Obligations. I ContractorIi shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Final Statement of Community Development Objectives and Projected Use of Funds dated February 29, 1984, and approved by HUD on April 1, 1984;1 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 C NTRACTOR By: / B In Chairman, Board of Supervisors esignate Official pacit ATTEST: J. R. OLSSON, County Clerk ._ Organizati , By: D uty (Designate Of icial Capacity in Organization) Recommend by Depar ent Note to Contractor: (1) If a public agency, designate official / capacity in public agency and attach a certi- By. AnthIty y A.' De sus I fied copy of the governing body resolution authorizing execution of this agreement. Form App oved: Cou Ciunsel (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- BY: edgment form and affix corporation seal. Depi (1Affix Appropriate Acknowledgement Form) f ST,--TE C:r CALIFORNIA On this day of in the year COUNTY OF C 6-P& 4 before me a Notary Public, State of California, duly ���coo///mmissi ned and sworn, person lly appeared �J pers n�ally known to meme(o � o me on the basis ofsatisfactory evidence) to be the ff/�D c Xd2Q_. V-. of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corpora- tion therein named, and acknowledged to me that such corporation executed OFFICIAL S AL f the same , CALLIE M.CHLHJS NOTARY PUBLIC OA IF02NIA Iy IN WITNESS WHEREOF I have hereunto set my hand and axed CONTRA COSTA C oNry m official seal in the My Comm.Expires Jon.26,1988 Y County of Vas Eoa+mam a only a patrol form~mayoep�aro,fonasem asAela on the date set fo above in this certificate. paneactiona u10 N n0 waY ecYa,ur u imenCOC b ec1,as o suCa!nule lar the S&. of an aocnney.TM mnO nftf Coes na make any w✓inamy eMBf awes a implNC as In dr fegal vWoq of any omens on of mo aua inly of mese Nems in any seeeme h i. Cowdery's Form No. 28—Acknowledgement Notary Public, State of California to Notary Public—Corporation(C. C. Secs. 1190-1190.1) My commission expires Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION i 10-23 Septic System Repair The Colonia Santa Maria Farm Labor Center has been cited by the County Health Services Department as needing immediate corrective action on its septic system. With concurrence with the County,Health Department, the project will be done in two phases: Phase 1, at $1,000 would be solely for problem identification; i.e., excavating and determining the extent of the problem and corrective actions as necesary; and Phase II at amounts up to $19,000 would be for corrective action work. All efforts will be made to keep costs of this project below $20,000. 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 Problem Identification May 8, 1984 Bid April 13, 1984 April 27, 1984 Construction May 9, 1984 May 22, 1984 I i I I ,I C. PROJECT GOALS Contractor shall defile project objectives. Repair septic system at the Colonia Santa Maria Farm Labor Camp south of Brentwood. 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 I. In all contracts, purchase agreements, invoices entered, comply with appropriate HUD regulations including Equal Opportunity and Section 3 provisions, as provided in the "Guide for Compliance with Assurances and Certification Under the Housing and Community Development Act", as provided by the County Planning Department. 2. In all.contracts, purchase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The requirei 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 contrl ets 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 co i tained 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 toy 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 i $2,000 prior to, the Contract being advertised to ensure that all appropriate require- ments and provisions have been included. 10. Provide to the County Playing Department, in writing prior to incurrring costs for repairs, the results of the (problem identification phase, recommended repair acti- vities, and cost estimates. Authorization to proceed from the Planning Department is required. 11. All funds unnecessary and unspent pursuant to this contract shall be recaptured by the County. E. PROJECT ADMINISTRATION Contractor should indicate) who will be responsible for administering the Work Program. Marceleno Vasq lez, Executive Director UCSSO 516 Main Street Martinez, CA 94553 (415) 229-2210 I I �I ill • Page 4 PROJECT WORK PROGRAM F. PROGRAM 'MONITORIN,G 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: U.C.S.S.O. ACTIVITY NUMBER: 10-23 P. O. Box 287 516 Main Street Martinez, CA 94553 BUDGET PERIOD: April 25, 1984-June 30,1984 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 10-23 Septic System Repair Problem Identification $ 1,000 -0- $ 1,000 Construction $19,000 -0- $19,000 i TOTAL $20,000 -0- $20,000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligible to be funded by CDBG funds. i (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. i (e) Contract Payment Limit for CD project. CERTIFICATIONS I. The grantee/contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Also the grantee/contractor gives assurances and certifies with respect to the grant in-so-much as they are applicable, that: (a) It possessesllegal 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 �t ct of 1974, as amended; (e) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or 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 final cial resources are not available; (f) Its chief executive officer or other officer of the grantee/contractor approved by HUD: (1) Consents ,to assume Pe 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; 11. 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 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 ofi 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 Olyder 11063, lis amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107; ' (7) Section 504 iof the Rehalbilitation 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 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 relocationlrequirementl 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 requiremenits 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 relalting 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 PI aint Poisoning Prevention Act (42 U.S.C. 4801 et. seq.). Revised 12/23/82, I 1 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 Rlecords. 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 thi 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 I for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records Ifor 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 andl 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) Failurelby 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.Al. 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" lwhen 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"I 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 I of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that I 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 cons itrued 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, dor statements by any officer, agent or employee of the County indicating the Contractors 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 dr 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 lof 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 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 perso i 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 lof 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 concurreit or sole negligence of County, its officers, agents and employees. (b) The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses,! costs, and/or expenses of liabiity due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. (c) In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. (d) This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: (a) Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. (b) Worker's Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. (c) Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not bye 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 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 propertyI 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 Countybefore 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 I 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 Coe my shall have no payment obligation hereunder. 2. Payment Amoul ts. 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 alloable 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 De lands. 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 Ithe 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 I i i Vniteb Tounrill of ''�pani94 *peaking (Organizations, Zttr. P.O. Box 287 '�w = 516 Main Street/Martinez, California 94553 DEDICADO AL PROGRESO DE LA RAZA 1. ► UCSSO (415) 229-2210 UCSSO BOARD RESOLUTION The Board of Directors of the United Council of Spanish Speaking Organizations in its regular meeting of April 25, 1984, approved signing the following resolution: 1. To accept Project Agreement (Number 10-23 Community Development Block Grant program) from the Contra Costa County Planning Department for septic system repair at Colonial Santa Maria Farm Labor Center (UCSSO Action Item Number 18-84) . 2. To accept, in consequence grant of $20,000 from the County (Twenty Thousand, dollars) . 3. To designate Jose Luis Preciado, UCSSO Vice President and Marcelino M. Vasquez, UCSSO Executive Director to act on behalf of the Council and to sign the necessary documents required to complete the grant transaction: 1 ose Luis reciado farce ino M. Vasquez UCSSO Vice President UCSSO Executive Director Jose Lui's Preciado Date UCSSO Vice President Board of Directors Sz�02+,;P�,. 21 TO E;fnRIE ME THIS GA Y OF fv^I Li_19 14 /� .111: '7_ _ /' NOTARY PUBLIC-CALIFORNIA 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 TO: BOARDI: OF SUPOVISORS c FROM: Anthony A. Dehaesus Contra Director of Planning Costa DATE: April 17,I 1984 County SUBJECT: Approval of the Tenth Year (1984-85) Community Development Block Grant (CDBG) Program Proji ct Agreement with the Housing Authority SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the Chairman to execute the Tenth Year (1984-85) CDBG Program Project Agreement with the Housing Authority who will implement Action #10-12 Rental Rehabilitation with a payment limit of $250,000. BACKGROUNDI I This project wiI ll establish a subsidy mechanism for cost effective rehabilitation of investor-owned small rental properties for market rate rentals affordable to lower income people, thus increasing the availability of standard, investor-owned rental units including units suitable for handicap occupancy. i CONTINUED ON ATTACHMENT: YES IGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RE M ENDATI OF BOA COMMITTEE APPROVE I OTHER SIGNATURE(S) ( �� ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT J51 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON��THE DATE SHOWN. CC: Planning Department ATTESTED `ti9/�u ) �T/ County Administrator J.R. O SSON, COUN Y CLERK Auditor-Controller AND EX OFFICIO CLERK OF THE BOARD County Counsel (IGG� Contractor '982/7-e9 Id BY DEPUTY .. ,.. ' .. . ,♦ � x. 39 PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 10-12 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: I 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, 1984 and it terminates March 31, 1985, unless sooner terminated as provided herein, subject to all terms, conditions, anCassurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $250,000. 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 termis, 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 I reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval.documents of which are incorporated herein by reference: That Project as described in the Final Statement' of Community Development Objectives and Projected Use of Funds dated February 29, 1984, and approved by HUD on April 1, 11984; 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: 2� 1��? 1�2 By: �. ,t'(/t.�:Cacu.� Chairman, Board of Supervisors signate Official Capacity ATTEST: J. R. OLSSON, County) E Clerk in Organization) KECuT1Yf DiRFCTOiC By: By. eputy (Designate Official Capacity in Organization) Recomme ed by Dep rtment Note to Contractor: K (1) If a public agency, designate official B _ capacity in public agency and attach a certi- An ony A. De 'esus fied copy of the governing body resolution authorizing execution of this agreement. Form Appro ed: C my Counsel) (2) All others: Execute acknowledgment form above, and if a corporation, designate j���r� official capacity in business, execute acknow- By: ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10-12 Rental Housing Rehabilitation The CDBG rental housing rehabilitation program will be applied in two forms as it relates to rental housing rehabilitation needs. Fir , application of HUD's stRental Rehabilitation Program Demonstration. An application submitted to HUD indicates that a commitment of $150,000 in 1984-85 CDBG funds has been made to the Demonstration Program. In addition, the Housing Authority is committing $50,000 of its own funds. The $200,000 should result in the securement of 40 additional subsidy certificates. Second, the remaining $100,000 of CDBG will be used in conjunction with a Rental Housing Rehabilitation Program to be developed utilizing locally established policies. These funds will allow for more flexibility in that it will not be limited to the target areas selected for the demonstration program; it could also combine financing and tenant/building subsidy, or include various rental restrictions. B. PROJECT TIME SCHEDULE Time Schedule I 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 1. Hire Rehabilitation Specialist May 1, 1984 May 15, 1984 2. Workshops: Property Owner/Investor June 1, 1984 June 15, 1984 Seminar describing program 3. Project Selection June 15, 1984 July 15, 1984 4. Loan Processing July 1, 1984 August 1, 1984 5. Project Implementation of Actual July 20, 1984 October 30, 1984 Rehabilitation Work 6. Project Occupancy Nov. 1, 1984 December 30, 1984 C. PROJECT GOALS Contractor shall define project objectives. By designing and operating a rental rehabilitation program, the County of Contra Costa will develop the capacity and management skills to effectively implement the new HUD Rental Rehabilitation Program (other than "demonstration") when it becomes operational. Specific Goals include, but are not limited to: 1. The establishment of a I subsidy mechanism that makes it feasible, practical and cost effective to rehabilitate investor-owned small rental properties, especially occupied and partially occupied projects, for market rate rental affordable to lower income. 2. To increase the availability of standard, investor-owned rental units that are affordable to lower income tenants, including those suitable for occupancy by the handicapped. 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, and are applicable to rehabilitation of projects over 8 units. 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 insurancelrequirements 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 appli fable building codes and laws in the construction work and ensure that access to the handicapped will be provided in accordance with the requirements of the "American Standard Specifications for Making Buildings and Facilities Acces- sible to, and Usable bye, the Physically Handicapped", Number A-117-1-R-1971. 8. Shall, at a minimum, nlotify 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 imitate who will be responsible for administering the Work Program. Antonio Pizano, Director of Development Contra Costa County Housing Authority P. O. Box 2396 Martinez, CA 94553 372-7391 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 Special Quarterly Status Reports to the County Planning Department. 3. Contractor shall I aintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 10-12 BUDGET PERIOD: April 1, 1984-March 31,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ Administration $ 50,000 $ 509000* $100,000 Financial Assistance - HUD Demonstration Program $1001000 $1001000 - Local Housing Rehabilitation $100,000 $1001000 - Program *Housing Authority funds. ( ) TOTAL $e2509000 $50,000 $3009000 I 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 (I) above including both Community Development and non- community Develoiment 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 hou i ing 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 I 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 Developmlent 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 i t 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 reguli tions 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 X1122as 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 at124 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 standar Is requirements as set forth in 24 CFR Part 570 Subpart K and HUD regulations issued i o implemeni such requirements; VI. Executive order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to Ithe 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.1.93-23 i); and I 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 Ihave 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 lith the provisions of the Hatch Act which limits the political activity of. employees; I 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 lith 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 -- II /•341 TO: BOARD OF S, ERVISORS FROM: Anthony A. Deham Contra Costa} DATE: Apitit 3, 1984 County SUBJECT: Appnovae ob the Tenth yeaA ( 1984-85) Community Devetopment Hoek Giant (CDBG) Pnognam PxoJect Agreement iw' the Ho"ing AManee o{I Contra Costa County SPECIFIC REQUEST(S) OR RE COMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Authonize the ChaiAman to execute the Tenth yeah ( 1984-85) CDBG Pnogham Pno1eet Agreement with the Howsing At Bance o6 Contha� Costa County .imptementing Activity #5 - Hou.6ing Cou"eti.ng with a payment t m.it o4 $85,000. BACKGROUND: Thi-6 .i s an on-going project pnov.iding a phognam o4 hou.6 ing couv.6eti.ng bene6 iti•ng pn-i.man.ity .how-moderate .income ind.iv.cduaLs and bamiti.e�s. The phognam .inctude.6 mediation to ne-sotve hou Ging and tandZond-tenant he ea ted disputes; couwset i.ng homeowneu 6ae.ing bonectozmee; budgetcu(y and momitaAy "zistanee; and vaAio" eou"eti.ng netative to equal opportunity and baiA housing) i I i i I i i CONTINUED ON ATTACHMENT: YES £ SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR EC ME DATION F 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 ON THE DATES SHOWN. j7 CC: Ptaan"ng ATTESTED LL /I P /C/ i / /z-f O County Adm n 6,tnatox J.R. OLSSON, COUNTY CLERK Auditox-Contnotten AND OFFICIO CLERK OF THE BOARD County Coulvet ContAac toh M382/7-83 BY DEPUTY PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 5 1. Agreement Identification. ation. Department: County Planning Department Subject: I Allocation of Federal funding under Title I of the Housing and I 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, Inc. Address: 1583 Galindo Street Concord, CA, 94520 3. Term. The effective date of this Agreement is April 1, 1984 and it terminates March 31, 1985,unless sooner terminated as provided herein,subject to all terms,conditions,and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $85,000 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions and the "Certifications" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with the "Project Work Program" attached hereto, which is incor- porated' herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. I This Agreement implements in whole or in part the following described project, the application and apprioval documents of which are incorporated herein by reference: That Project as described in the Final Statement of Community Development Objectives and Projected Use of Funds dated February 29, 1984,and approved by HUD ' on LN , and as more particularly described in the "Project Work Program", 'attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By: / 'L�7rtzuS41^' By: v Chairman, Board of Supervisors (Desi to Official Capacity ATTEST: J. R. OLSSON, County Clerk in Organization) By: By: c eputy (Designate fficial Capa ity�,,;c2�Y�IP in Organization) Recommen ed by Dep ,tment . Note to Contractor: (1) If a public agency, designate official By: capacity in public agency and attach a certi- Ant ny A. De ' esus fied copy of the governing body resolution authorizing execution of this agreement. Form Approved: Co my Counsell (2) All others: Execute acknowledgment form above, and if a corporation, designate official capacity in business, execute acknow- By: ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) I ,I (Ci,rporation) STATE OF CALIFORNIA 1 COUNTY OF can\r�. C�t�N. } SS. AOn -- Y"t� before me, the undersigned, a Notary Public in and for said State, personally appeared \O,:-A i: -C�T W known to me to be the Pr and 0 t�h1f. s` CU �`S W known to me to beG Xl'c `� ��ee� aavaimy of the corporation that executed the within Instrument, = known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and < acknowledged to me that such corporation eiecuted the within instrument pursuant to its'by-laws•laws or a resolution of its board r>-:. m p y O F,_.tr.l. 5^s,L of directors. JAMES V;- (!).`IES WITNh S my hand anofficial seal. .9� NOTARY VUBUC +;:_IFORNIA CONTRA COSTA COUNTY Signator My Comm. Expires Ocl. 21, 1987 II OYN e% Name (Typed or Printed) (This arcs for official notarlsl real) Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 (PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 5. Housing Counseling: Provide a diverse program of housing services primarily benefitting low and moderate income individuals and families. The program includes landlord-tenant information, education and referrals; mediation to resolve housing-related disputes; counseling for homeowners facing foreclosure; assistance in budgeting and money obligations; and, fair housing activities to promote and assure equal opportunities for residents of Contra Costa.County. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Comprehensive Housing Counseling* April 1, 1984 March 31, 1985 - Tenant/Landlord Counseling - Discrimination Complaints) - Homeownership Counseling Promote Affordable Housing - Provide Information and Technical Assistance C. PROJECT GOALS Contractor shall define project objectives. 1. Provide Landlord/Tenant) information, referral, counseling to an average of 500 clients per month and mediate on average of 25 conflicts per month. 2. Provide discrimination )information, mediation and investigation and/or counseling assistance to 21 clients per month. 3. Counsel and assist 7 horn eowners regarding owner related problems each month. 4. Rental Housing informatlion to 107 contacts per month. Page 3 PROJECT WORK PROGRAM I D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in implementing the Work Program[ 1. In all contracts, purchase I greements, 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 (greements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the supplier service prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. Comply with all applicable Federal regulations as contained in OMB A-102, Attach- ments A and B, in the determination of allowable costs in the administration and provision of services of this activity. 4. Records will be kept and I onthly reports made and submitted to-the County Planning Department providing the following information: a. Total hotline contacts and counseling sessions - whether landlord, tenant, home- owner, agency. b. Geographical resident of client. c. Types of requests, other needs. d. Result of contact with the Housing Alliance. e. Participation of volunteers in project. f. Participation of clients, volunteers, staff in training programs, workshops, classes. g. Reports on other funding proposals, their results. - 5. All contracts' under $10,000 entered into shall be in compliance with procurement procedures contained in Office of Management and Budget (OMB) Circular A-102, Attachment 0 and any othi r 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. 7. Initiate and complete, by May 31, 1984, a program budget. Said budget should focus on the following basic questii ns: a) Are current activities necessary, and are they being delivered in an effective and efficient manner; l b) Should current activities be eliminated or reduced to fund higher priority programs or to reduce the cur lent budget; • c) Identify the program priorities of the organization and relate them to costs and the overall budget; d) Relate the level of service delivery within funding jurisdictions to the allocations> provided by said jurisdictions. The process of developing the program budget needs to include representatives of the funding jurisdictions (County, Concord, and Walnut Creek), agency staff, and Board members. 8. The Housing Alliance is under a separate contract with the County to provide shared housing services under Ia demonstration program. Said contract is scheduled to terminate July 30, 1984. Continuation of shared housing services, if warranted, shall be completed as an integral part of services provided pursuant to this contract as it may be subsequently amended. E. PROJECT ADMINMRAMN Contractor should indicate who will be responsible for administering the Work Program. Diane Sprouse, Execultive Director Housing 'Alliance of Contra Costa County 1583 Galindo Street Concord, CA 94520 825-4663 Page 4 I 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: Housing Alliance, Inc. ACTIVITY NUMBER: 5 2480 Pacheco Street Concord, CA 94520 BUDGET PERIOD: May 1, 1984-March 31,1985 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 5. HOUSING COUNSELING Staff $859000 -0- $857000 Office Space Office Expense Administrative Expenses Other Program Costs (e TOTAL $859000 $ -0- $859000 Notes: (a) Detailed categories pursuant to OMB A-102. (b) Items are eligiblle 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 Ito 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 hoI sing 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 sl atement 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 office Ir or other officer of the grantee/contractor approved by HUD: (1) Consents to assumethe 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 1 4 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 thel Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Section 3 of the Houi ing 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 CFiR 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 124 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-ba led 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 GENERAL CONDITIONS I. 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. Contract)rs performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, thIe 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 alre the subject of audit findings shall be retained for three years after such findings have been resolved. (b) Recored for n lnexpendable property which was acquired with Federal grant funds shall be retained for three Iyears after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. (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, Itake 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. I 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 Specificatlions for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing for 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 tie 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) Gene Iral AgreemeInts. This Agreement may be modified or amended only be a written document executed by i 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 P ovisions or the Project Work Program. (c) Extension of Term for Performance. Without requiring Contractor to provide consideration in addition Ito 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 Ispecified above under "Term" (Paragraph 3). Any such extension must be in writing and shall be at the sole discretion of the County. 9. Disputes. Disagreemlents 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 ii 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 ofd 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 IInterest... Contractor agrees to furnish to the*County upon demand a valid copy of the most recentlyl adopted bylaws of any Corporation and also a complete and accurate list of the governing lbody (Board of Directors or Trustees) and to timely update said bylaws or the list of its I 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 Ishall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". l 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 butInot 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 listof 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 Contractorl 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,land/or expenses of liabiity due to, or arising out of, either er in,-whole or in part, whethdirectly 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 lthe 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. I 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 Contractorshall be addressed to the Contractor's address designated herein. The efective date of notice shall be the date of deposit inthe mailslor of other delivery. 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,I 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 Develop)ent. (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 Ibe 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 Terminlation. 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 ofIin accordance with OMB Circular A-102, Attachment N, with prior written approval and coordination with county staff. la 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 Countyshall have no payment obligation hereunder. 2. Payment Amounts. Sl bject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. 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 HousinIg and Community Development Act of_1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of OMB Circular A-87, "Cost Principles for State and Local Governments", OMB Circular A-122, "Cost Principles for Non-Profit Organizations", I and OMB Circular A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescrlibed 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 Adjustme Its. If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, Countymay 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.n 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 Agreemlent. 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,I 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 L 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. II 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 '34ousuig (-Affiarice OF CONTRA COSTA o6 Coruna Costa Cou►ntg, On. Central County Housing Hotline West County Housing Hotline ❑ 1583 Galindo Street ❑ 3767 'A'San Pablo Dam Road Concord, CA 94520 EI Sobrante,CA 94803 825-4663 222-0145 RESOLUTION 84-6 The Executive Committee of the Board of Trustees of the Housing Alliance of Contra Costa County, lInc. , which is duly authorized to act on behalf of said Board in between Board meetings, hereby resolves: 1. To approve the 11984-85 Community Development Block Grant Program Project Agreement with the County of Contra Costa for Activity #5, Housing Counseling, pursuant to the Housing Co mtunity Development Act of 1979, in the amount of $85,000. 2. That the Executive Director and the President of the Board are hereby authorized to execute the above mentioned agreement on behalf of the Housing Alliance of Contra Costa County, Inc. I certify that in I duly conducted telephone poll on April 3, 1984, this resolution was passed. This is a true and correct copy of the above resolution. Dated: April 3, 1984 Diane Sprouse Executive Director I I I A FAIR HOUSING AGENCY TO: BOARD OF SVERVISORS (� FROM: Anthony A. !Dehaesus /Contra Director oflIPlanning Costa DATE: April 3, 1984 County SUBJECT: Approval oflthe Tenth Year (1984-85) Community Development Block Grant (CDBG) Program Project Agreement with Chilpancingo Vista, Inc. , Activity #22 - Pre-Development of Handicap Housing. SPECIFIC REQUEST(S) OR RECOMMENDikTION(S) & BACKGROUND AND JUSTIFICATION I RECOMMENDATIONS: Authorize the Chairman to execute the Tenth Year (1984-85) CDBG Program Project Agreement with Chilpancingo Vista, Inc. with a payment limit of $4,800. BACKGROUND: Chilpancingo Vista, Inc.' approached County staff relative to funding certain costs in filing an application for a Section 202 funds reservation pursuant to construction of additional apartments for the physically handicapped, located at 102 Chilpancingo Park- way, Pleasant Hill . I �I CONTINUED ON ATTACHMENT: YES SIGNATU i RECOMMENDATION OF COUNTY ADMINISTRATOR REC M NDATI N OF BOARD OMMITTEE APPROVE OTHER SIGNATURE(S) C C o� ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X_ UNANIMOUS (ABSENT I ) 1 HEREBY CERTIFY THAT THIS IS A TRUE • AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. �`,[� CC: Planning ATTESTED �X_ 1�, /5 / County Administrator J.R. LSSON, COUNTY CLERK Audi tor-Control ler AND EX OFFICIO CLERK OF THE BOARD County Counsel Contractor M382/7-83 BY DEPUTY � 3z PROJECT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Number: 10-22 1. Agreement Identificatio I 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: Chilpancingo Vista, Inc. Address: 1448 Center Avenue Martinez, CA 94553 3. Term. The effective date of this Agreement is April 1, 1984 and it terminates July 1,1984, uiless sooner terminated as provided herein, subject to all terms, conditions and assurances contained or incorporated herein. 4. Allocation Payment Limlit. \\ County's total payments to Contractor under this Agreement shall not exceed $ 41800.00 . 5. County's Obligations. County shall make those allocation payments to the contractor described in the "Payment Provisions" attached hereto which are incorporated herein by reference, subject to all terms, conditions, and assurances contained or incorporated herein. 6. General Conditions and (Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached heret I o, 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 I 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 I as described in the Final Statement of Community Development Objectives and Project Use of Funds dated February 29, 1984 and approved by HUD on April 1, 1984 ; and as more particularly described in the "Project Work Program", attached hereto. 9. Signatures. These signatuI es attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By:?� � � �/�� fv \ BY• �o Chairman, Board of Supervisors (Designate Official Capacity ATTEST: J. R. OLSSON, County Clerk in Organization) By: U2 By: �c2. ems,--L , ;7 ` ep'uty Designate Official Capacity ' in Organization) Recomme, ded�by Dep rtment C Note to Contractor: (1) If a public agency, designate official By; capacity in public agency and attach a certi- nt ony A'. Deb esus fied copy of the governing body resolution authorizing execution of this agreement. Form proved: C my Counsel (2) All others: Execute acknowledgment ., form above, and if a corporation, designate official capacity in business, execute acknow- ledgment form and affix corporation seal. Deputy (Affix Appropriate Acknowledgement Form) S � STATE OF CALIFORNLA I On this_3rd day of April in the year COUNTYOF_ rnnlrra Cotta nineteen hundred eighty–four before me L.G. Cheang a Notary Public, State of California, duly commissioned and sworn,personally appeared *'Kenneth C,, Glasser and Dolores M. Glasser** 7a47764uftidottoxnec proved to me on the basis of satisfactory evidence) to be the *'`President and Secretary** of the corporation OFFICIAL SEAL that executed the within instrument, and also known to me to be the L! G. CHEANG ' NOTARY PUBLIC—CALIFORNIA person s who executed the within instrument on behalf of the corpora- CONTRA COSTA COUNTYI MY Commission(xPir Aug.1, 1986 tion therein named, and acknowledged to me that such corporation executed ' the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the City of Pleasant HiNunty of Contra 7Na dosment ison . y Costa y general be the date set to above in this certificate. transactions and in no way acs,or is Intended to act,as a sub3tt uto Iwo" / ad ice of an soorwy.The pualiafar dose not make uy wanv,ty emer alpreaa or inplwd as fo Via legal vafidpy,of any pmvialon w the susais ly of mase forma in any,pecft transection. L.C. Cheap l � Notary Public, State of California Cowdery's Form No.28—Acknowledgement August 1, 1986 to Notary Public—Corporation(C. C.Se i. 1190-1190.1) My commission expires i Page 2 EXHIBIT A CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT PROGRAM 1984-1985 PROJECT WORK PROGRAM A. PROJECT DESCRIPTION 10-22 Pre-Development Expenses - Handicapped Housing This project will provide for costs incurred in filing an application for a Section 202 fund reservation pursuant to the construction of additional apartments for the physically handicapped, located at 102 Chilpancingo Parkway, Pleasant Hill, California. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the above Project indicating when major activity items are expected to be undertaken and completed. Work Item Start Date Completion Date Prepare and submit Section 202 Application April 1, 1984 April 25, 1984 Application C. PROJECT GOALS Contractor shall define project objectives. Submit application for HUD Section 202 funds to finance the construction of 36 additional apartments' for the handicapped. Page 3 PROJECT WORK PROGRAM D. PERFORMANCE STANDARDS The performance standards indicated (details of project implementation) will be applied in 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, purILase agreements, contracts, invoices entered into over $100, the contractor shall obtain the required signed Equal Opportunity/Section 3 Compliance Form signed by the) supplier prior to the receipt of any goods or initiation of any services. The required forms are available from the County Planning Department. 3. 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 I Handbook 6500.3 - Labor Standards Administration and Enforce ment, Community Development Block Grant Program, and as provided in the Compli- ance Guide cited. 5. All construction contracts over $10,000 shall be in compliance with bid procedures contained in the Complaince Guide cited. 6. All construction co I tracts 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. E. PROJECT ADMINISTRATION Contractor should indicate who will be responsible for administering the Work Program. 1 Ms. Dee Glasser Chilpancingo Vista, Inc. 1448 Center Drive Martinez, CA 94553 228-1102 i 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 soilving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall mail tain and submit quarterly monitoring and progress reports on work performed by sub-contractors. G. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: 10-22 BUDGET PERIOD: April 1, 1984 - July 1, 1984_ Chilpancingo Vista, Inc. 1448 Center Avenue Martinez, CA 94553 (a) (b) (c) (d) Budget Item CD Funds - $ +Other Funds - $ =Total -$ 10-22 Pre-Development Costs $4,800 $ -0- $4,800 - Consultant - Attorney - Application - Misc. (e TOTAL I $4,800 $ -0- $49800 i Notes: (a) Detailed categories pursuant to OMB A-102. i I (b) Items are eligible to be funded by CDBG funds. (cl) Estimate of other necessary expgnditures 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 ha I 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 thelgrantee 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 submissI on of its final statement to HUD, the grantee/contractor has met the citizen participation requirements, prepared its final statement of com- munity development Iobjectives 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 olfficer 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; I1. The grant will be conductIed 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 ofl the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; (4) Sec I 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 214 CFR Part 107; (7) Section 504 of Ithe 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, land 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 Isuch 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 anyl 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 241 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 R(cords. 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 ICounty 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 fl r nonexpendable property which was acquired with Federal grant funds shall be retained for i hree 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 Jany 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 finds 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 Agreeml nt. 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. 11974" 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 1budgets 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" mlay 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) AdministratIive 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.ent. 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 lintended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 16. Conflicts of Intl rest. 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 ofl 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. 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 ti at: (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 twill 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. Du ling 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 II surance. 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,earising 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, theirl 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 insura ice. 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, Californila 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 PI wers. 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 cohstruction 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 Te mination. 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, 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 fo i, 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 Agreements 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. S. Payment Adjust ents. 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 e i enditures. 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. B. 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 pierformance 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 RESOLUTION The Board of Directors of Chilpancingo Vista, Inc hereby resolves: 1 . To approve the 1984-85 Community. Development Block Grant Program Project Agreement with the County of' Contra Costa Activity k#22, 1-for pre-development costs for housing for the physically disabled, pursuant to the -Housing, Community Development Act of 11979, in the amount of $4, 800. 2 . That the President and the Secretary of the Board are hereby authorized to execute the above mentioned agreement on behalf of Chilpancingo Vista, Inc. I certify that L a duly constituted meeting of the Board of Directors held on March 6, 1984, with a quorum of seven (7) members present, this resolution was unanimously passed. This is a true and correct copy of the above resolution. Dated: Apr .1. 2, 1984 Secretary CHILPANCINGO VISTA, INC.