HomeMy WebLinkAbout85-157~ COU ~~~TY 4F BUTfE", STATE ~F~ GA'L,1F'C7F-NIA
~esolufion No. 85-157
RE50LUTION APPROVING AND AUTHORIZING THE
CHAIRMAN TO SIGN THE COMMUNITY DEVELOPMENT
BLOCK GRANT AGREEMENT FOR CHAPMANTOWN
WHEREAS , pursuant to 5ecti ons 7050 ~to 7124 of the California Admi ni stra--
five Code, the California Department of Housing and Community Development (hereinafter
referred to as the State) is administering the 1985-86 Community Development Block
Grant Program for the State of Califrnia; and
WHEREAS, the State has notified the County of Butte (hereinafter referred
to as the County), a local public agency organized under the statutes of the State
of California, of a Community Development Block Grant award in the amount of
.2$3,872 to pursue housing rehabilitation; and
WHEREAS, the State requires that the Grant Agreement attached hereto be
signed by a County official designated by a resolution of the Board of Supervisors
in order to receive these grant funds.
NOW, THEREFORE, BE IT RESOLVED that the County is hereby authorized to
entered into this Community Development Black Grant Agreement; thereby assuming
responsibility for compliance with the terms and conditions of the Grant Agreement
and federal, state and local laws that apply to the expenditure of Community
Development Block Grant funds; and
BF IT FURTHER RESOLVED that the Chairman of the Board of Supervisors is
authorized to sign the Grant Agreement on Behalf of the County.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 1st day'
of October, 1985, by the following vote:
AYES: Supervisors Dolan, Mclnturf, McLaughlin, Wheeler and Chairman Fulton
NOES: None
ABSENT: None
NOT VOTING: None
LEN~FULTON, [;nairman or one
Butte County Board of Supervisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative
Officer and Clerk of the Board ,, _ /J
By ~~~C~~//~. ~~e
State of Gal i forni a
Department of Housing and.
Community Deveiopment
921 Tenth Street
Sacraments, GA 95814-2774_
., ~~1~~~~~~~~ ~~~~
CDSG GRANT AGREEMENT ~DRM 7185
GRANT AGREEMENT
Grantee. County of Butte .._~.
Program Ti ti e: Housi n Rehabilitation
Grant number: 85-STBG-3.38
. ~ Grant Amount: $283~,~~2-
Date~of Agreement: June 28, 3.985~~. _~
This agreement will provide official notification of the grant award
under the. State's administration of the Housing and Community Development
Bloch Grant Program for Non--Enti tl ement Jurisdictions pursuant to the provisions
of 42 U.S.G. 53D1 et seg., 24 CFR part 570,.Subpart I, and 25 Caiifornia
Administrative Code Sections 7Q5Q through 7124. In accepting this gr-ant
award,- the Grantee agrees to comply with the terms and conditions of this
agreement and aIi attachments hereto, the representations contained in
the Grantee`s application (hereinafter "the Application"), which is hereby
incorporated by reference as if set forth in full, and the requirements
of the a~utt~ori ties cited above:
1. General
.A.. The Grantee agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses
accruing or resulting to any and all contractors, subcontractors, materialmen,
laborers and any other person, firm or corporation furnishing or supplying
warlc, services, materials ar supplies in connection with the performance
of this agreement,' and from any and all. claims and 1 osses accruing or resin ti ng
to any person; firm ar corporation who may be injured or damaged by the
Grantee in the. performance of this agreement.
8. The Grantee, and the agents and employees of Grantee, in the.
perfarmance of this agreement, steal l act i n an independent capacity and
not as affi cers or employees or agents of the State of Gal i form a.
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5. Method of Pa meet
Ta receive payment for the Work performdd, or to receive an operating
advance, the Grantee shal7.submit, in triplicate-and on forms provided
by the State, a. duly executed Expenditure Summary and~Payment Request report.
The Grantee shall submit all Expenditure Summary and Payment Request reports
to the Department of Housing and~Community Development, Community Development
program, 921 Tenth Street ~4K), Sacramento California, 95814, or any other
address of which the Grantee has been notified in writing. The State shall
not authorize payments unless it determines that the Work has been performed
in compliance with the terms of this agreement and its attachments.
6. Commencement and Term
This agreement is effective on June 28, 1985. However, Grantee agrees
that Work shall not commence prior to execution of this agreement by the
_ State, unless expressly authorized in writing to do so. This agreement -
shall terminate on the date set forth in Attachment A and Grantee agrees
that the Work shall be complete by the date specified in Attachment A,
unless a written request for an extension is app~^oved in advance and in
wri ti ng by the State.
7. Grant Termination
.A. The State may terminate this agreement at any time for good cause
by giving at. 1 east 30 days notice i n wri ti ng to the Grantee . Good cause
shall consist of violations of this agreement, the.reguiations contained
in 25 California Administrative Code Sections 7050 to 7124, 24 CFR Part
570, Subpart I, the Housing and Community Development~Act of 1974, as amended,
or upon the request of HUD.
B,' It is mutually understood between the parties that this agreement
may have been written before ascertaining the availability of congressional
appropriation of funds, for the mutual benefit of both parties in order
to avoid program and fiscal delays which would occur if the. agreement were
executed after the determination was made.
C . This agreement i s valid and enforceab7 e only i f suffi ci ent funds
are made available to the State by the United States Government for the
federal fiscal year 1984-85 for the purposes of this program. In addition,
this agreement i s subject to any additional restri cti ans, 1 imitations,
or conditions enacted by the Congress or State Legislature or any statute
enacted by the Congress or the State ~.egislature which may affect the provisions,
terms or funding of this agreement in any manner.
D. It is mutually agreed that if the Congress does not appropriate
sufficient funds for the program, this agreement sha11 be amended to reflect
any reductions in funds.
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B. The State reserves the right to inspect any-Work performed hereunder
to see that the Work is being and has been performed in accordance with
the applicable federal; State and/or local requirements, and this Agreement.
C. The Grantee agrees to require that all Work found by such inspections
not to conform to the applicable requirements be corrected, and to withhold
payment to the contractor or. subcontractor until it is so corrected.
10. Records
A. Ali records, accounts, documentation and all -other materials
relevant to a fiscal audit or examination, as specified by the State, shall
be retained by the Grantee far a period of not less than three {3) years
from the date of termination of this agreement.
B. If so directed by the State upon termination of this agreement,
the Grantee shall cause all records, accounts, documentation and all other
materials relevant to the Work to be delivered to the State as depository.
C. All contracts of $14,000 or more between Grantee and its contractors
shat 1 contai n~ a provision which indicates that the contracts ng~ parties
shall be subject to the examination and audit of the Auditor General for
a period of three {3) years after the final payment under the contract.
1Z. Audit
A. All records, accounts, documentation and other materials deemed
relevant to the Work by the Department shall be accessible at any time
to the authorized representatives of the State or federal government, on
reasonable prior notice, for the purpose of examination or audit.
B. An expendsture which is. not authorized.by this agreement or which
cannot be adequately documented shall.be disailovred and must be reimbursed
to the State om its designee by the Grantee, Expenditures for Work not
described in Attachment A shall be deemed authorized if the performance
of such Work is approved in writing by the State prior to the commencement
of such. Work.
C. Absent fraud or mistake on the part of the State, the determination
by the State~of the allowabslity of any expenditures shall be final.
D. Grantee shat 1 i ni ti ate the final audit i n comps i once with Section
7122 of Title 25 of the California Administrative Code of all funds and
work done pursuant to this agreement no later than the date specified in
Attachment A. In addition, pursuant to O~IB Circular A-1.28, Grantee shall
perform an annual audit at the close of each fiscal year.
E. The audit shall be performed by a qualified State, local or independent
auditor. Grantee shall notify the State of the auditor's name and address
immediately after the selection has been made.
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County of Butte
~. 85-STBG-138
IN Y~ITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized officers.
California Department of Housing
and Community Development
BY: ..AYE -_
Ti tle: ~~il~F A~~lll~ISTRATt®~ l~IVlSi~~9
Date : 0 GT i98
Grantee:
County of Butte
25 County Center Drive
Orovi 11 ~;- CA 95965
BY:
Ti tl e~
Date:.
Board of Supervisors
OCT 1 1965
AMOUNT ENCUMBERED PROGRAM/CATEGORY ICOCE AND TITLEI FUND TITLE
Departmsrit of Genera! Services 283 872 20 Federal Trust
USe Only UNENCUMBERED BALANCE 10PTiONAL USEI
- 701 FCN 14219
ADJ. INCREASING ENGU MBRANCE ITEM CHARTER STATUTE FISCAL Y£RI
Exsn$Ya~I~~~af ~ 2240-101-890 .258 1984. 1984-85
Genercta SL~1'Y9cas appa'o~-td ApJ. DEGREASING ENCUMBRANCE OBJECT of EXPENp1TURE IGODE AND TtTL~
per Section ] 20~ of the State 2520/25233
QpliTlltliSi`TO11VE MCIi1UQI. _ T.B.A. Np.
I hereby certify upon my own personallrnowledge that budgeted funds are B.R. NO...
mailable for the period and purpose of the expenditure stated aboUe.
- SIGNATURE F AGGO G OFFICER DATE
//~ r
I hereby certif y that al! conditions for exemption set forth in State Administrative Manua! Section I3t)9 haae
~~ been complied with and this document is exempt from review by the Department of Finance.
i ? ~85
Iv SIGNATURE OFFICER SIGNING f~[ BE LF OF THE AGENCY DATE
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- -~_ - County of Butte
.-~ 85-STBG-138
- ATTACHME~iT A
gage 1 of 1
Section 1 - Work Description
ATTACHM£MT A
A. Grantee shall perform the Work as described in the approved Application,
which is on file at the Department of Housing and Community Development,
Division of Community Affairs, 921 1Oth Street, Sacramento, California.
All wri tter~ materials or al terati ans submitted from time to time as addenda
to the original Application and which are approved by the State prior to
the award are hereby incorporated as part of the Application.
B. The work shall consist of:
. Rehabilitation of 21 housing units occupied by members of the targeted
income group,
Section Z - Completion Dates
A. All Work shall be completed by September 30, 1987in accordance with
the approved milestones in the Application. M~ estones may be adjusted
by written consent of the State-and do not require amendment of this Agreement.
B. The final audit contract shall commence by December 31 1987
C. This Agreement shall expire on
March 31, 1988
Section 3 - Grant Amount and Operating Budget
A. Specifics of the operating budget shall be agreed upon by the State
and Grantee prior to drawdawn of-any funds.
B. The .grant of $283,872
housing rehabilitation $259,459
administration $24,413.
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County of Butte
85-STBG-138
ATTACHMENT B
Page 1 of 2
ATTACHMENT B
Special Conditions
1• Pursuant to 25 Gal. Admin. Code Section 7056(b}(1}, as a condition
of receiving any CDBG funds, the Grantee must have submitted to the
Department and adopted a housing element which meets .the substantive
requirements of Article 10.6 (commencing•with Section 65580} of the
Government Code. In addition, prior to the draw down of 'any CDBG
funds, the Grantee shall submit a certification, on forms provided
by the Department, that the Grantee has adopted a housing element
which was in compliance with the substantive requirements of Article
10.6 at the time of adoption. Upon submittal of this certification,
the Grantee may draw down both administrative and program implementation
funds.
As a condition of continued receipt of grant funds during development
or operation of the project(s) applied for, the Grantee must submit
to the Department and adopt a revision to the housing element in accordance
with the requirements and timeframes established by Gov. Cade Section
655$8fb) (AB 3618, Ch. 208, Stats. of 1984, effective June 20, 1984}.
On or before•January 1, 1986, Grantee shall submit a certification,
on forms provided by the Department, that the Grantee has adopted
a revised housing element which complies with the substantive requirements
of Article 10.6.. Failure to submit a draft revised housing element
to the Department, adopt the revised element in accordance with the
timeframes contained in Government Code 6558$(b), and/or provide such
certification on or before this date may result in cancellation or
delay in receipt of the undrawn balance of the grant award.
2. Prior to the drawdown of rehabilitation funds far deposit in a lump
sum drawdown account, the Grantee shall submit the lump sum drawdown
agreement between the lending institution and the Grantee with the
required certification for review and approval by the State pursuant
to Section 7124 of the State CDBG Program regulations.
3. In order to meet the requirements of the State Relocation Law, and
in order to minimize displacement in accordance with the provisions
of the Housing and Urban Rural Economic Recovery Act of 1.983 (HR 1}-,
the Grantee shall ensure that targeted income group renter households
residing in units rehabilitated with funds from this grant shall not
pay more than 25% of their monthly gross income for a period of one
year. ~ihere tenants are already paying more than 25% of gross income,
they shall not be required to pay any increase in monthly rents for
a period of one year from the completion of re~habi l i tati on of thei r
unit. In order to fulfill this requirement, Grantee shall either:
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County of Butte
85-STBG-138
ATTACHMENT B
gage 2 of 2
{a} include those provisions within a Rent Limitation Agreement or,
{b) shall pay displacement assistance pursuant to Government Code
Section 7265.3, in an amount equal to the difference between 25% of
existing tenants' income and the after-rehabilitation rent. Where
the tenant already pays more than 25% of income for rent, the amount
of displacement assistance shall be equal to the difference between
pre-rehabilitation rents and after-rehabilitation rents. Upon written
approval from the Department, Grantee may use CDBG housing rehabilitation
program funds to make required displacement assistance payments.
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ATTACHMENT C
Page 1 of 1
Labor Standards
1. State Labor Standards Provisions
All contractors and subcontractors. shall give the following certification
to the Grantee and forward this certification to the Grantee within
1.O days after the execution of any contract or subcontract.
A, "~ am aware of the provisions of 5ectian 1720 et seq, of the
California Labor Code which requires that the mate prevailing
wage rate shall be paid to employees where this rate exceeds
the federal wage rate.".
B. "I am aware of the provisions of Section 3700 of the Labor Code
which requires every employer to be insured against liability
for workers' compensation or to undertake. self-insurance in accordance
with the provisions of that Code, and l will comply with such .
provisions before commencing the performance of the Work of this
~~ contract."
C. "It is further agreed that, except as may be provided in Section
1815 of the California Labor Code, the maximum hours a worker .
in to be employed is limited to eight hours a day and 40 hours
a week and the subcontract shall forfeit, as a penalty, X25 for
each worker employed in the execution of the subcontract far
each calendar day during which a worker is required or permitted
to labor more than eight hours in any calendar day or mare than
40 hours in any calendar week."
2. Federal Labor Standards Provisions (Davis-Bacon and Related Acts?
Except with respect to the rehabilitation of residential property
designed for residential use for less than eight families, the Grantee
and all contractorslsubcontractors of the Grantee engaged under. contracts
in excess of $2,x00 for the construction, prosecution, completion
or repair of any building or work financed in whole or in part with .
assistance provided under this Agreement, shall comply with HUD requirements
pertaining to such contracts and the applicable requirements of the
regulations of the Department of Labor under 29 CFR Parts 3, 5 and
5a,~governing the payment of -,rages and the ratio of apprentices and
trainees to journeymen: Provided, that if wage rates higher than
those required under such regulations are imposed by State or local
law, nothing hereunder is intended to relieve the Grantee or any contractor/
subcontractor of their obii~gation, if any, to require payment of the
higher rates. The Grantee shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions
meeting the requirements of 29 CFR 5.5 and, far such contracts in
excess of $10,000, 29 CFR 5a.3..
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ATTACHMENT D
Page 1 of 3
Eaual Opaortunit,
1.
2.
The Ci vi 1 Ri hts, HCD, A e Di scrimi nati on, and Rehabi 1 i tati on Acts
Assurance;
During the performance of this Agreement, the Grantee assures that
no otherwise qualified person shall be excluded from-participation
or employment, denied program benefits, or be subjected to discrimination
based on race, color, nati-anal origin, sex, age, or handicap, under
any program or activity funded by this contract, as required by Title
V I of the Ci vi 1 Rights Act of 1.964, Title i of the Hausi ng and Community
Development Act of 1974, as amended, the Age Discrimination Act of
1975, and the Rehabilitation Act of 1973, and all implementing regulations.
The Trainin Em to meet, and Contractin 0 ortunities far Business
and rawer ncome Persons Assurance of Comb Dance: .
a) The work to be performed under this Agreement is on a project
assisted under a program providing direct federal financial assistance
from the Department of.Hausing and Urban Development and is subject
- to the requirements of Section 3 of the }lousing and-Urban Development
Act of 1958, as amended, 12 U.S.C. 1701 u. Section.3 requires
that to the greatest extent feasible, opportunities for training
and empi oj+ment be .given i ower income residents. of the ~ pro ject '
-'area and contracts for Work in connection with the project be
awarded to business concerns which are locai;ed in, or owned in
substantial part by persons residing in the area of the project.
b) The parties to this Agreement will comply with the provisions
of said Section 3 and the regulations issued pursuant thereto
by the Secretary of Housing and Urban Development set forth in
24 CFR Part 1.35, and all applicable rules and orders of the Department
issued thereunder prior to the execution of this contract. The
parties to this. contract certify and agree that they are under
no contractural or other di sabi 1 i ty which would prevent them
from complying with these requirements.
c) The Grantee will send~to each labor organization or representative
of workers with which he has a collective bargaining agreement
or~~ther contract or understanding, if any, a notice advertising
the said labor organization or worker's representative of-his
commitments under this Section 3 clause and shall post copies
- of the notice in conspicuous places available to employees and
applicants for employment or training.
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A i i ACilMEh1T D
Fags .3 of 3
4. Assurance of Gonpiiance-with Requirements placed On Construction Contracts
or 510,000 or norp:
Grantee hereby agrees to place in every contract and subcontract for
construction exceeding 510,000-the ~aotice of Requirement for Affirmative
Action to ensure Equal Employment Opportunity (Executive Order 11245),
the Standard Equal Opportunity Clause, and the Standard Federal Equal
Employment Opportunity, Construction Contract Specifications. Grantee
furthermore agrees to insert the appropriate Goals and 1"imetables
iss~ied by the U..S. Department of Labor in such contracts and subcontracts.
Grantee shall refer to Chapter V of the State GDBG-Grant Management
h1anual qr sha11 contact the State far further guidance regarding compliance
with this requirement.
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.. _ ,_.. ATTACHMENT E
= P-age 1 of 3
Other Re wired Federal Provisions
1. Flood pilaster Protection:
This Agreement is subject to the requirements of the Flood Disaster Protection
Act of 1973 (P.L. 93-234?. No portion of the assistance provided under
this Agreement~is approved far acquisition or construction purposes as
defined under Section 3(a).of said Act, for use in an area identified by -
the Secretary as having special flood hazards which is located in a community
not then in compliance with the requirements for participation in the national
flood insurance program pursuant to Section 201(d? of said Act; and the
use of any assistance provided under this Agreement for such acquisition
ar construction ~in such identified areas in communities then participating
in the national flood insurance program shall be subject to the mandatory
purchase of flood insurance requirements of Section 102(a) of said Act.
Any contract or agreement far the sale, leave; or other transfer of land
acquired, cleared or improved with assistance provided under this Agreement
shall contain., if such land is located in an area identified by the Secretary
as having special.fload hazards and in which the sale of flood insurance
has been made available under the National Flood Insurance Act of 1968,
as amended, 42 U.S.C. 4001-et sec., provisions obligating the transferee
and its successors or assigns to obtain and maintain, during the o+vnership
~of such land, such flood insurance as required with respect to financial
assistance for acquisition or construction purposes under Section 102(a)
of the Flood Disaster Protection Act of 1973. Such provisions-shall be
required notwithstanding the fact that the construction an such land is
not itself funded with assistance provided under this Agreement.
2. Lead-Based Paint Hazards;
The construction or rehabilitation of residential structure's with assistance
provided under this Agreement is subject to the HUD Lead-Based Paint regulations,
24 CFR Part 35. Any grants or loans made by the Grantee for the rehabilitation
of residential structures with assistance provided under this Agreement
shall be made subject to the provisions for the elimination of lead-based
paint hazards under subpart B of said regulations, and the Grantee shall
be responsible fvr the inspectiohs and certificatiohs required under Section
35.14(f) thereof.
3.. Compliance Mrith Air-and Water Acts:
This Agreement is subject to the requirements of the Clean Air Act, as
.amended, 42 USC 1857 et se ., the federal Water Pollution Control Act,
as amended, 33 USC 1251 et seq., and the regulations of the Environmental
Protection Agency with respect thereto, at 40 Ci=R Part 15, as amended from
time to time .
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:~ ATTACHMFHT E
Page 3 of 3
5. Interest of Certain Federal Officials:
Na member of or delegate to the Congress of the United States, and nv resident
commissioner, shall be admitted to any share or part of this Agreement
or to any benefit to arise from-the same.
6. Interest of Members, Officers, or Empio ees of Contractors, Members
o Loca overnin hod or then Pub is 0 icia s:
Na member, officer,. or employee of the Grantee, or its designees or agents,
no member of the governing body of the locality in which the program is
si gated, and no other publ i c offi ci ai of such locality or ~1 ocal i ti es who
exercise any functions or responsibilities with respect to the program -
during his tenure or fvr one year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof,
- for Work to be performed in connection with the program assisted under
the Agreement.. The Grantee shall incorporate; or cause to be incorporated,
in-all such contracts or subcontracts a provision prohibiting such interest
pursuant to the purposes of this section.
7. Prohibition Against Payments of Bonus or Commission:
The assistance provided under this Agreement shall not be used in the payment
of any bonus or commission for the purpose of obtaining HCD approval of
the application for such assistance, or ~iCD approval of applications for
additional assistance, or any other approval or concurrence of HCD required
.under this Agreement, Title I of the Housing and Community Development
Act of 1974, or HCD regulations with respect thereto; provided, however,
that reasonable fees or .bona fide technical, consultant, managerial or
other such services, other than actual solicitation, are not hereby prohibited
if otherwise eligible as program costs.
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