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HomeMy WebLinkAbout87-032A" ": ~; COUiVT~( C3F BU7T~, STAYL.OF CALIFO~~RTVIA ~' eso~ution 210. 87-32A RESOLf1TI0N REGARDING Rf1RAL DEVELOPMENT ASSISTANCE PROGRAM GRANT FOR ABANDONED BERRY CREEK WATER COMPANY WHEREAS, the State of California, Department of Housing and Community Development, Division of Community Affairs, has received funding under the I986~-87 Budget Act for the Rural Development Resistance Program; and WHEREAS, Butte County is a local governmental entity and is willing, if approved, to accept the grant; NOW, THEREFORE, BE IT RESOLVED THAT: A. Should Butte be awarded a grant from the Rural Development Assistance Program, the agency/organization hereby certifies that a17 uses of the funds will be in compliance with Grant Agreement Number 85-RDAP-020. B. Lynn Vanhart, director of Environmental Health is hereby authorized to act on behalf of Butte County and sign all necessary documents required to complete the grant transaction; and C. The Butte County Board of Supervisors hereby authorizes Lynn Vanhart, director of Environmental Health to apply for and, if approved accept the grant in the amount of $13,000 and to enter into an Agreement with the Department of Housing and Community Development to perform any and all responsibilities in relationship to such Agreement. PASSED AND ADOPTED this 3rd day of March 1987 by the following vote: AYE5: supervisors Fulton, McInturf, McLaughlin, Vercruse and Chair Dolan NOES: None ABSENT: None NOT DOTING: None ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board may---- - 0_AN, C a'r of the utte County Board of Supervisors ~=T~1N~ARD AGREEMENT ~ 1'IT~RNEDY GENERAL , ~ STATE OF CALjFORNIA ~.:.~,~.~'•-,~„-(~-;i.,l `~?" ~..~.:~.6'G~a~ ~~~,'~~ STD. 2 (REV. 6/651 `~1~.+•'~ c ~ ~ ~" THIS AGREEMENT, made and entered into this J.6th day of January rg 87 in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE Director AGENCY Department of Housing & ^ CONTRACTOR ^ STATE AGENCY ^ DEPT. OF GEN. SER. ^ CONTROLLER NUMBER Development I86- ' Count of Butte hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to f urnish to the State services and materials, as follows: (set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans aced specifications, ifany.} This Agreement provides official notification of the grant award by the State Department of Housing and Community Development {}BCD) under the Rural Development Assistance Program (RDAP) pursuant to Health and Safety Code 50446 {c), (h), (k), and (n). Tn accepting this grant award, the Grantee agrees to comply with the terms and conditions of this Agreement and all attachments hereto. APPROVCD AS i'O FORM Butte County Coetnse# .. ~'~_~ BY (AUTHOR(ZjCC~ SIGNATURE) The provisions on the reverse side hereof constitute a part of this agreement IN WITNESS WHEREOF', this agreement has been executed by the parties hereto, upon the date first above written. STATE O1JF CALIFORNIA ~~~ CONTRACTOR ., AGENCY Department of Housz ng CONTRACTOR IIF orrrEx TNAN AN IFIDIV1l7UAL '''TATS wNETHEft A GORPg1tATtON, PARTNF3e5F6P, EfGF I'+ ... ~ 1 .. . t iB .. i ~... BY . ~r ~r ~v tvti~ ~ _'L \ -fixes TTLE CI~iEF, A©M1N1S'FRAT!OPd Di~llSl~d CONTINUED ON ,t..f. SHEETS. EACH GEARING NAME OF CONTRACTOR Department of Genera! Services Use Only ,r~ 'r<-r ~y','S;'s{ii~:~'id Gii'7~"". 3:aE1~ii<.(~.~, ~iAR ~ 9 i98I~ aQ '-' '~3 '~ V O £' `"" ~~ O O ~ •47 N q 1~ ~O a.. D.~ s ' •~ -Or '~ f+~. ADDRESS V 7 County Center Drive, Oraville, CA 95965 AMOUNT ENCUMBERED PROGRAM/CATEGORY (CODE AND TITS.E! "^" ""~ l3 000.04 24-Communit Affairs General UNENGVMBERED BALANCE (OPTIONAL USE) 2860-29511 ADJ. INCREASING ENCUMBRANCE ITEM C1 eari ng Account CHAPTER STATUTE FISCAL YEAR - 4 - 1 1 - ADJ. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE {CODE ANb T(TLE1 325402 I hereby certify upon my own personal knowledge that budgeted funds are T.B.A- NO. H.R. NO. available for the period and purpose of the ezpenditare stated above. SIGNATUR OF ACCO TI G OFFICER .~-1 7 I hereby cent fy that all cmadittons for exemption set forth to State Admtntstrattr~e Manual 5ectton 1209 have been complied with and this document is esempi from review by the Department of Finance. SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE - rn ~ ~ .~ C~-~mty of Butte tract No. 86-RDAP-020 3. ;;cork To 8e Performed The GrantEle agrees to fully perforr~ tF~e word: descri;~ed in Attachment A {hereinafter "the 4lork"). 9. Grant Amount For the purposes of performing the 4~lork, the State agrees to pay to grantee the amount specified in Attachment A., Section 3. 7n no instance shall the State be 7ia61e for any costs for the Work in excess of this amount, nor for .. any unauthorized or ineligible costs. Payments will be made on no more than a monthly basis and in accordance ti~rith the terms and conditions of this agreement. J.O. Special Conditions The Grantee agrees to comply with the special conditions, if any, contained in Attachment B. 1~. Quarterly Reports Within fifteen {l 5) working days after the end of each quarter of the term of agreement, Contractor shall submit to the Statw a quarterly progress ,report, including a breakdown of grant expenditures. Such quarterly reports shall demonstrate to the satisfaction of the State reasonable progress in accomplishing the program goals and activities as set forth in Attachment A. klithin thirty (30) working days after the end of the term of agreement, Contractor shall submit a final report and evaluation in lieu of the last quarterly report, which shall summarize the progress and problems of the project, a description of activities undertaken, the funding obtained fro~~ other sources, the accomplishments of the project, and future plans, if any, for continuing with the project. The State shall provide Grantee vrith the reporting forms. .,3_ ;ounty of Butte Contract No. 86-RDAP-020 12. Met~~~od of C'av~,ent a. Funds shall be disbursed pursuant to the terms and can dit=:ons of this Agreement upon receipt and approval by the State of the Request for Funds. b. Ten percent (i0`~) of each payment sha11 be wit'rsheld ~nti7 all fi;,al d~.;cumentation, invoices, timesheets, reports, ar;d other required in,=or- mation is received and approved by HCD. r,. Grantee sha11 submit quarterly reports and Request fcr Funds to: Department of Housing and Community Development Rural Development Assistance Program 1834 Mangrove Ave., Suite B Chico, California 95926 Attention: RDAP Contract Services Phone: (915)-891-6870 13. Commencement and Term This Agreement is effective on the date of execution by the State, a~~d Grantee agrees that Work shall not commence prior to that date. This agreement shall ter:;~inate fourteen 14 months from that date...Grantee agrees that the idork shall be crimpleted.by that date unless a written request for an extension is approved in advance and in writing by the State. 14. Termination Sy The State The State may terminate this Agreement:at any time for good cause by giving at least thirty (30) days notice in writing to the Grantee. Good cause st~,all consist of violations of this Agreement. . 15. Nondiscrimination Standard Farr 178, Plondiscri€~ination Clause, is attached as Attachment C and made a pert of this Agreement. .~~_ County of Butte ;ontract No. $6-RDAP-020 - 16. Contractors and Subcontractors a. The Grantee shall not enter into any agree~~sent, written or oral , with any contractor without prior written approval by the State of the Contractor's eligibility. The Slate grill not approve any contractor or subcontractor who is not licensed in Califo-°nia. .~ b. The Agreement between the Grantee and any contractor shall require the contractor and its subcontractors if any, ta: ' ].. Perform the Work in accordance with the federal, state and local housing and building codes as are applicable. 2. Comply with the Labor Standards described in Attachment D of this Agreement as are applicable. In addition to the requirements of Attachment D, all contractors and subcontractors must comply with the provision+s of the California Labor Code as are applicable. 3. Comply with such of the nondiscrimination requirements set forth in Attachment C of this Agreement as are applicable. ~. Maintain at least the minimum State required 4:orker's Compensation Insurance for those employees who will perform the Work or any part of i t. 5. Maintain, if so required by law of the State, unemployment insurance, disability insurance and liability insurance in an amount to be determined by the State which is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the contractor, or any subcontractor, in performing theWork, or any part of it. c. In contracts or subcontracts involving an expenditure of State funds in excess of X10,000, the contract shall indicate that the contracting ,parties shall be subject to examination and audit by the State Auditor General for three (3) years following final payment under the contract. d. Grantee shall submit to the Department far pre-av~rard review and approval, all proposed contracts and related procurement documents, such as Requests for Proposal and Invitations for Bid. -5- County of Butte ` r tract No. 86-RDAP-020 17. ins ections - a. Grantee shall inspect any work performed hereunder to ensure that the Work is being and has been performed in accordance with the applicable ' State and/or local req~~irements and this Agreement. 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 5ta`te 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 with- hold payment to the contractor or subcontractor until it is so corrected. 18, Fiscal Administration The Grantee agrees to establish and maintain fiscal control and accounting procedures which assure that grant funds are properly disbursed, adequately controlled and accounted for in a separate account. The Grantee is respon- sible for keeping records which fully disclose the amount and disposition of the grant funds, the total cost of the program far which the grant is awarded, and the amount and disposition of that portion of total costs provided from local sources. The procedure developed .by the Grantee must provide for the accurate and timely recording of the receipt of funds, expenditures, and unexpended balances. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to grant funds. The State`s determina- tion of the allowability of any expense shall be final, absent fraud, mis- take, or arbitrariness. 19. Records a.~ All records, accounts, documentation and other material relevant to a fiscal audit or examination, as specified by the State, shall be retained for a period of nat less than three {3) years from the date of termination of this Agreement. -6---. Count~~ ~f ~ Butte Contr ~ Flo. $6-RDAP-020 b. If so directed by the State upon termination of this Agreement, the Grantee shall cause all records, accounts, documentation, and other • materials relevant to the Work to be delivered to the State as deposi- tory. 20. Compliance With State and Federal ~.aw_and Regulations The Grantee agrees to comply with all State and Federal laws and regula- Lions that pertain to construction, health and safety, labor, fair employ- ment practices, equal opportunity, and all other matters applicable to the Grantee, its sub-grantees, contractors, or sub-contractors, and the Work. :. 21. Environmental Re uirements This Agreement is subject to the provisions of the California Environmental Quality Act {CEQA}. Grantee assumes responsibility to fully comply with CEQA`s requirements regarding the Work. The release, by the State, of funds is hereby conditioned upon compliance with CEQA. 22. State Coordinator The coordinator of this Agreement for the State is the Program Manager, Rural Development Assistance Program, Division of Community Affairs. 23. Certified Resolution This Agreement shall be accompanied by a certified Resolution from the Grantee's governing body authorizing its execution. 24. Contract Adjustments The contractor may, by written request to and with the prior written approval of FtCD, transfer 10% of any line item allocation set forth in ' the budget to other approved cast categories of the budget. In no event, however, shall the total amount of this Agreement be exceeded without an appropriate amendment in accordance with Paragraph 6 above. -7- Cour'~'~ of Butte Con ''ct No. 86-RDAP-020 Attachment A Page 1 of 3 SECTION 1 - Work Descri tion Narrative The goal of this work program is to provide a safe, potable and an eco- nomical domestic water system for the residents of the Ponderosa Pines Subdivision and/or users of the abandoned Berry Creek kiater Company. ' The Grantee shall obtain an engineering report which contains an evaluation of the present system, suggests alternatives to the existing system and contains cost estimates to upgrade existing and/or alternative design system. The Grantee shall submit applications for assistance to funding sources which includes acquisition of the system and improvements. The Grantee sha11 receive $2,500 for technical assistance with this pro- ject. The funds may only be used by a non-profit organization with prior experience in delivering technical assistance to small, rural communities. The organization selected will be knowledgeable with the community of Berry Creek, have expertise with water and wastewater programs, and be subject to approval by a representative from Berry Creek and the State Department of Housing and Community Development. ....~,.....-......-a.. ... --r~-~--~ . I E i l l ~ 3 3 ,3 3 ,3 3 3 ~ `3 i I !! '3 3 ' i ~ 3 ~ I i I I '? ? `'3 ; 3:3'3 3 '3 3 ; 3 3 '~ ' Ot,a O Op O .{ OO iO O O ~ ~ O O O Q OO,O OOH OOO ._, I p ZZ i~:Z Z,ZZ:~1:Z ~Z~y :Z ~ q Z c Z Z'ZZ.Z Zz~ ZZ',Z ~ Ei r' N E i N :N ' N : W I r-+ ~'~' ;h-+ ~--~ '` O lD' ~ .'~i ~4l F A W~ i N IF-+ 'E--+ CS"~ ~ ~ I W h-+ : W , W , lfl : GQ ~ V 1 D1 ~ ~ `A I W N; W N; ~--~ ~ d I E i 06 ~ I I I ; ~ I ~ I f ! ~ I I ~ I I j I ~ I ~ ~ ~ ~ , ~ ! i ~ ! ~ I ~ i I ; O ~. i ! ' t I ~ !I ~ i ! I ' I I I I ~ E 3_ ~ t I ~ I I E ....,. f ~ I I I i ~ I ' ~ ~ ~ I ~ n I ~ i i E I ! ~ i O ~-F' I ! I ., I i ~ ~ , i ~ I; l l i l ~ i I ~ ~ I ' ~ I i ~ O p I ! ~ ~ i 1 ! i ~ ~ ~ ~ ~ . I I ! cn N I I I I I I I I ! x I I f ~. ~. I I ' i ~ ! ~ I ~° i _ i r I I I ~ I ~ I ~ i i i i i C/1 m E I I ~ I ~ I f I I ! ~~~ I ~ I I I i I fD ~. n ~ E I ~ t I I ~ I ~~ I I i I Qz I I I .. ! ~ , ~ I I ~ I f~f ~ I ~ l I ~ I l '!ii ~ I i j ~ ° E i E m ~c . I ;E ~ ~ mo i - ~ ~ i I i ' ~~~~ ~ I ~ I I ~ I ' I i l i I i i 1 r I ° i ~ a I I I I ~ I I o cc: I , ~ l ~ ' I I I ~ i I ~ I~ ii i ~ ~ I ~ I I ~ ~ ~ 'O ~ ~ I 1! I ,i } il~i i ~ ~ I I I i y{ ~ j I ~ ~ ~ -cs I I I! I } L ~ i t .I~ I i ~ ' i I ~ -a• !~ ~~ ) ~ I I ~ I ~ ~ ' J~ ~ I i ~ I ~ I ~ I I 1 I o 0 I ~ ; ~~ I ~ I ~ ~ i ~ ~ ! I j E = I ~ o~ I , I i i t I i} I I ~ ~ ~ i l l i I ~ ~• I I _ ~ : ! I f i i o n I , I . I ' j I I I ~ I ~ E I I ! I! ~ r ! I ~ I I~ a ~ I i l I I I I ~ F I f ~ I ~ I I~ I~ I~I; ~I I I I # I ~ i i i I i sI~; ;I ~-!i~ _.___..~_..:._ I + I ! I ~ '• ~ I I I I I I S i i~ i , ~ II ~ I I ~~ S ~ I II I I j ~ I I I i i ' i i~ i~ ~ ~ # ~ J ,~} I I E I t ( I i ~ i i ~ ~ i I I } ~ i ~ ; I I I ' ~ s II I ~~ I : I I I E i ~ ~ :+l:e: AZ-:• SI1~tYM1K~ ,ill, i I' I 1 I a^~^',;n~:.Gi`vr.:.x^~:r,:~y:".:'i:l.1~L :;: :'.`^.«''.. n~F~.4:J'.:.' •s~1T (/~ f~"f C'7 --[ 0 N 3 J. fA N r-I' O !~ 3 r~ -n n 0 `C rn -~ O O O O c-} ~ w~ n C'1' O} O OQ C rt• rnro f Q p "~ 1 0 N O c~ ~~,ty of Butte C .ract No. 86-RDAP-020 Attachment A Page 3 of 3 ' SECTION 3 - Budget. a. District formation: $ 1,500.00 b. Engineering report: 9,000.00 c. Technical assistance: 2,500.00 TOTAL: $13,000.00 {72.5 hrs/mo for 8 months = 100 hrs x $25/hr = $2,500) SECTION 4 - Com letion Date A17 work must be completed thirty (30} days prior to the contract expiration date. Cou• .~ ~~ of Butte Con .ct No. 86-RDAP-020 Attachment B SPECIAL~CONDITIONS 1. The State reserves the right to review and comment on all work per- formed by the Grantee in relation to the Grant Agreement. Any de- viation from the Ulork Description in Attachment A, without expressed written permission from RDAP, is prohibited. 2. Month 1 of the hfilestones and Timeframes shall start within thirty X30} days from the date of contract approval by the State. 3. The Grantee shall have and maintain liability insurance in an amount deemed satisfactory to the State. Prior to drawdown of funds, the Grantee shall provide to the State for review and approval a certi- ficate of Insurance. County of Butte Contract.. 86-RDAP-020 Attachmen~ C ~C~iDISCRI^iIi~ATIOh CLAJSE (ec~ - 2) i.• During the perfiorr~ar~ce of this contract, the recipient contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic grove ider~tific~ation, sex, age, physlcnl or mental disability, nor shall they discriminate unlawfiully against ar~y ,,,ployee or applicant for eraployr~~~ent because a~ races religion, color, national origin, ancestry. physical handicap, mental disability, medical condltio~~E, marital status, age or sex, Contractor shall insure that the evaluation and treatment of employees and applicants for e~~ploy~!~ent are free of such discrim!r!ation, 2, Contractor.shiall coriply with the Provisions of the Pair Er~ployne,nt and Housing Act (Government Cade, Section 1200 et sep~), the regulations promulgated thereunoer~ (California Adrinistrative Code Title 2, Section 7285,0 et set,>> the provisions of Article g.5, Chapter 1, Part 1, Division 3~ Title 2 of the Government Code(Government Code, Sections 11135-11139,5) cnd the regulations~or stand- ards adapted by the awarding State age,ncY to fmple~r~e<<t such article, 3, P.ecipien t contractor and its subcontractors shall give written notice of their obligations under this clause to~ labor organizations with -~fiich they have a collective bargaining or other agree~Eent, 4, The contractor shall include the nondiscrimina~ion and compliance provisions of this clause in all suocontracts to perfiorm ~rork under the contract, STii , 17 H ( r+~'i,' S - 8 3 } County of .Butte Contract ' 86--RDAP-020 Attachmen,. ~ LAv:,~R S i A"vr,~.~u~ Ail COr:~ractGrs ar.d subcor'~tractors stall furnish t]'~e following certifications tG the Grantee: A. "I am aware of the provisions of Section 3700 of the Labor Code which require every er'~ployer to be insured against liability far workers` can;r_nsat;on or to undertaK= self-it:surar~ce in accordance wi`.h t}~~e provisions of that Code, ar.d I will comply with such provisions before cc~r'rencing the Yer`or:~~ance of the war;c of this contract." B. "It is h,e~'eby mutually agreed that the Contractor shall forfeit to the State a pEnalty cf twenty-five dollars ~525.Q0) for eac"~ calendar day, or portion there:,f, for each ware;er paid by him, or. subcontractor under him, less than the prey°ailing wrgc so stipulated ar:d in addition the Car~tractar further agrees to pay to each worker the difference between the actual a~:,ount paid for each calendar day, ar portion thereof, ar,d the stipulated Prevailing +;.aoe rate fcr the sale. This provision shall not apply to pr~~~erly idert::reu apprentices." C. "It is further agreed that the maximum hours a worker is to be employed is li'nited to e1Cht hours a day and 40 hours a week and the Contractor shall }o;'feit, as a pe=~z.lty to the State, twenty-five dollars (52~.C0) for each 'w~rkGr employed In ~~!? °Xc~titlan of the ContCac.t fGr each Calendar d?y during which a work_r is required or permitted to labor yore than eight hours in any calendar day or more than 40 hours in any calendar weak, in violation of Labor Code Sections 1810-1815, inclusive." D. "iravel and subsistence payments shall be paid.to each worker needed to execute the work, as such travel and subsistence payments are deFined jr, the applicable collective bargaining agreements filed in accordance with Lzhor Code Section 1773.8." >> y ~ a ,;;a he e~ :pl Dyed i n the prosecUti or. of the E. Froper~y indentured apprenL~c~s y . work, They Tust be so erraployed by any contractor or subcontractor employing workers in any apprenticeable craft ar trade, i.e., a craft or trade deter- ,,:ir'ed to be an aprrenticeable occupation in accordance with rules and reg=~- lations prescribed by the Apprenticeship Council. Special attention is directed to that portion of Labor Gode Section 1777.5 which revuires such a contractor or subcontractor to obtain from the Joint Apprenticeship Cor^r:~ittee adr.:inistering the apprenticeship standards of the craft or tradz in tree area of the site of the contract work, a certificate ap;:~rov~n~; the contractor or subcontractor for the employ,~tent and training of aYprMntices in such area unless already covered by local apprentices}~ip standards. Cp•on the issuance of the certificate, the contractor or subcontractor, unless exe~`pt pursuant to Section 1777.5 of, the Labor Code, shall er:P:ioy the r,U~'uer of apYr=:~=ices or ,the ratio of arprentices to journeymen fixed in the certificate. If there is in the area of the site of the work a fund or funds to ad~~:ir~ister and conduct the apprenticeship program in any apprenticeable craft or trade, to which fund or funds other contractors in said area are, but the con~ractor or subcontra:,taris not, contributing, the contractor and subcontractor shall contribute to sai d fund or funds i n the sarr,e as.,our=i or upon th,G 5zr'-e basi s and i n the sale r'.ar~r.er as the o then Contractors da. For w i 11 rul fa i ? ure to 1 w th Sect '777.5 cf the Labor CcdF, t!:e cor~tractar sr,,;ll be dGr-,ied crJ~:~~ y i i ~'rl - the ri5ht to bld on i '.:b11C works Caritr3Ct for c ~°{' "'~' a CrsE y=cr i ~v,~; %~e _~t~ y':? ~~:Err"?r:~~~„ ~ '.5 ^F~~,zs ~=T~1N~ARD AGREEMENT ~ 1'IT~RNEDY GENERAL , ~ STATE OF CALjFORNIA ~.:.~,~.~'•-,~„-(~-;i.,l `~?" ~..~.:~.6'G~a~ ~~~,'~~ STD. 2 (REV. 6/651 `~1~.+•'~ c ~ ~ ~" THIS AGREEMENT, made and entered into this J.6th day of January rg 87 in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE Director AGENCY Department of Housing & ^ CONTRACTOR ^ STATE AGENCY ^ DEPT. OF GEN. SER. ^ CONTROLLER NUMBER Development I86- ' Count of Butte hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to f urnish to the State services and materials, as follows: (set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans aced specifications, ifany.} This Agreement provides official notification of the grant award by the State Department of Housing and Community Development {}BCD) under the Rural Development Assistance Program (RDAP) pursuant to Health and Safety Code 50446 {c), (h), (k), and (n). Tn accepting this grant award, the Grantee agrees to comply with the terms and conditions of this Agreement and all attachments hereto. APPROVCD AS i'O FORM Butte County Coetnse# .. ~'~_~ BY (AUTHOR(ZjCC~ SIGNATURE) The provisions on the reverse side hereof constitute a part of this agreement IN WITNESS WHEREOF', this agreement has been executed by the parties hereto, upon the date first above written. STATE O1JF CALIFORNIA ~~~ CONTRACTOR ., AGENCY Department of Housz ng CONTRACTOR IIF orrrEx TNAN AN IFIDIV1l7UAL '''TATS wNETHEft A GORPg1tATtON, PARTNF3e5F6P, EfGF I'+ ... ~ 1 .. . t iB .. i ~... BY . ~r ~r ~v tvti~ ~ _'L \ -fixes TTLE CI~iEF, A©M1N1S'FRAT!OPd Di~llSl~d CONTINUED ON ,t..f. SHEETS. EACH GEARING NAME OF CONTRACTOR Department of Genera! Services Use Only ,r~ 'r<-r ~y','S;'s{ii~:~'id Gii'7~"". 3:aE1~ii<.(~.~, ~iAR ~ 9 i98I~ aQ '-' '~3 '~ V O £' `"" ~~ O O ~ •47 N q 1~ ~O a.. D.~ s ' •~ -Or '~ f+~. ADDRESS V 7 County Center Drive, Oraville, CA 95965 AMOUNT ENCUMBERED PROGRAM/CATEGORY (CODE AND TITS.E! "^" ""~ l3 000.04 24-Communit Affairs General UNENGVMBERED BALANCE (OPTIONAL USE) 2860-29511 ADJ. INCREASING ENCUMBRANCE ITEM C1 eari ng Account CHAPTER STATUTE FISCAL YEAR - 4 - 1 1 - ADJ. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE {CODE ANb T(TLE1 325402 I hereby certify upon my own personal knowledge that budgeted funds are T.B.A- NO. H.R. NO. available for the period and purpose of the ezpenditare stated above. SIGNATUR OF ACCO TI G OFFICER .~-1 7 I hereby cent fy that all cmadittons for exemption set forth to State Admtntstrattr~e Manual 5ectton 1209 have been complied with and this document is esempi from review by the Department of Finance. SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE - rn ~ ~ .~ C~-~mty of Butte tract No. 86-RDAP-020 3. ;;cork To 8e Performed The GrantEle agrees to fully perforr~ tF~e word: descri;~ed in Attachment A {hereinafter "the 4lork"). 9. Grant Amount For the purposes of performing the 4~lork, the State agrees to pay to grantee the amount specified in Attachment A., Section 3. 7n no instance shall the State be 7ia61e for any costs for the Work in excess of this amount, nor for .. any unauthorized or ineligible costs. Payments will be made on no more than a monthly basis and in accordance ti~rith the terms and conditions of this agreement. J.O. Special Conditions The Grantee agrees to comply with the special conditions, if any, contained in Attachment B. 1~. Quarterly Reports Within fifteen {l 5) working days after the end of each quarter of the term of agreement, Contractor shall submit to the Statw a quarterly progress ,report, including a breakdown of grant expenditures. Such quarterly reports shall demonstrate to the satisfaction of the State reasonable progress in accomplishing the program goals and activities as set forth in Attachment A. klithin thirty (30) working days after the end of the term of agreement, Contractor shall submit a final report and evaluation in lieu of the last quarterly report, which shall summarize the progress and problems of the project, a description of activities undertaken, the funding obtained fro~~ other sources, the accomplishments of the project, and future plans, if any, for continuing with the project. The State shall provide Grantee vrith the reporting forms. .,3_ ;ounty of Butte Contract No. 86-RDAP-020 12. Met~~~od of C'av~,ent a. Funds shall be disbursed pursuant to the terms and can dit=:ons of this Agreement upon receipt and approval by the State of the Request for Funds. b. Ten percent (i0`~) of each payment sha11 be wit'rsheld ~nti7 all fi;,al d~.;cumentation, invoices, timesheets, reports, ar;d other required in,=or- mation is received and approved by HCD. r,. Grantee sha11 submit quarterly reports and Request fcr Funds to: Department of Housing and Community Development Rural Development Assistance Program 1834 Mangrove Ave., Suite B Chico, California 95926 Attention: RDAP Contract Services Phone: (915)-891-6870 13. Commencement and Term This Agreement is effective on the date of execution by the State, a~~d Grantee agrees that Work shall not commence prior to that date. This agreement shall ter:;~inate fourteen 14 months from that date...Grantee agrees that the idork shall be crimpleted.by that date unless a written request for an extension is approved in advance and in writing by the State. 14. Termination Sy The State The State may terminate this Agreement:at any time for good cause by giving at least thirty (30) days notice in writing to the Grantee. Good cause st~,all consist of violations of this Agreement. . 15. Nondiscrimination Standard Farr 178, Plondiscri€~ination Clause, is attached as Attachment C and made a pert of this Agreement. .~~_ County of Butte ;ontract No. $6-RDAP-020 - 16. Contractors and Subcontractors a. The Grantee shall not enter into any agree~~sent, written or oral , with any contractor without prior written approval by the State of the Contractor's eligibility. The Slate grill not approve any contractor or subcontractor who is not licensed in Califo-°nia. .~ b. The Agreement between the Grantee and any contractor shall require the contractor and its subcontractors if any, ta: ' ].. Perform the Work in accordance with the federal, state and local housing and building codes as are applicable. 2. Comply with the Labor Standards described in Attachment D of this Agreement as are applicable. In addition to the requirements of Attachment D, all contractors and subcontractors must comply with the provision+s of the California Labor Code as are applicable. 3. Comply with such of the nondiscrimination requirements set forth in Attachment C of this Agreement as are applicable. ~. Maintain at least the minimum State required 4:orker's Compensation Insurance for those employees who will perform the Work or any part of i t. 5. Maintain, if so required by law of the State, unemployment insurance, disability insurance and liability insurance in an amount to be determined by the State which is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the contractor, or any subcontractor, in performing theWork, or any part of it. c. In contracts or subcontracts involving an expenditure of State funds in excess of X10,000, the contract shall indicate that the contracting ,parties shall be subject to examination and audit by the State Auditor General for three (3) years following final payment under the contract. d. Grantee shall submit to the Department far pre-av~rard review and approval, all proposed contracts and related procurement documents, such as Requests for Proposal and Invitations for Bid. -5- County of Butte ` r tract No. 86-RDAP-020 17. ins ections - a. Grantee shall inspect any work performed hereunder to ensure that the Work is being and has been performed in accordance with the applicable ' State and/or local req~~irements and this Agreement. 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 5ta`te 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 with- hold payment to the contractor or subcontractor until it is so corrected. 18, Fiscal Administration The Grantee agrees to establish and maintain fiscal control and accounting procedures which assure that grant funds are properly disbursed, adequately controlled and accounted for in a separate account. The Grantee is respon- sible for keeping records which fully disclose the amount and disposition of the grant funds, the total cost of the program far which the grant is awarded, and the amount and disposition of that portion of total costs provided from local sources. The procedure developed .by the Grantee must provide for the accurate and timely recording of the receipt of funds, expenditures, and unexpended balances. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to grant funds. The State`s determina- tion of the allowability of any expense shall be final, absent fraud, mis- take, or arbitrariness. 19. Records a.~ All records, accounts, documentation and other material relevant to a fiscal audit or examination, as specified by the State, shall be retained for a period of nat less than three {3) years from the date of termination of this Agreement. -6---. Count~~ ~f ~ Butte Contr ~ Flo. $6-RDAP-020 b. If so directed by the State upon termination of this Agreement, the Grantee shall cause all records, accounts, documentation, and other • materials relevant to the Work to be delivered to the State as deposi- tory. 20. Compliance With State and Federal ~.aw_and Regulations The Grantee agrees to comply with all State and Federal laws and regula- Lions that pertain to construction, health and safety, labor, fair employ- ment practices, equal opportunity, and all other matters applicable to the Grantee, its sub-grantees, contractors, or sub-contractors, and the Work. :. 21. Environmental Re uirements This Agreement is subject to the provisions of the California Environmental Quality Act {CEQA}. Grantee assumes responsibility to fully comply with CEQA`s requirements regarding the Work. The release, by the State, of funds is hereby conditioned upon compliance with CEQA. 22. State Coordinator The coordinator of this Agreement for the State is the Program Manager, Rural Development Assistance Program, Division of Community Affairs. 23. Certified Resolution This Agreement shall be accompanied by a certified Resolution from the Grantee's governing body authorizing its execution. 24. Contract Adjustments The contractor may, by written request to and with the prior written approval of FtCD, transfer 10% of any line item allocation set forth in ' the budget to other approved cast categories of the budget. In no event, however, shall the total amount of this Agreement be exceeded without an appropriate amendment in accordance with Paragraph 6 above. -7- Cour'~'~ of Butte Con ''ct No. 86-RDAP-020 Attachment A Page 1 of 3 SECTION 1 - Work Descri tion Narrative The goal of this work program is to provide a safe, potable and an eco- nomical domestic water system for the residents of the Ponderosa Pines Subdivision and/or users of the abandoned Berry Creek kiater Company. ' The Grantee shall obtain an engineering report which contains an evaluation of the present system, suggests alternatives to the existing system and contains cost estimates to upgrade existing and/or alternative design system. The Grantee shall submit applications for assistance to funding sources which includes acquisition of the system and improvements. The Grantee sha11 receive $2,500 for technical assistance with this pro- ject. The funds may only be used by a non-profit organization with prior experience in delivering technical assistance to small, rural communities. The organization selected will be knowledgeable with the community of Berry Creek, have expertise with water and wastewater programs, and be subject to approval by a representative from Berry Creek and the State Department of Housing and Community Development. ....~,.....-......-a.. ... --r~-~--~ . I E i l l ~ 3 3 ,3 3 ,3 3 3 ~ `3 i I !! '3 3 ' i ~ 3 ~ I i I I '? ? `'3 ; 3:3'3 3 '3 3 ; 3 3 '~ ' Ot,a O Op O .{ OO iO O O ~ ~ O O O Q OO,O OOH OOO ._, I p ZZ i~:Z Z,ZZ:~1:Z ~Z~y :Z ~ q Z c Z Z'ZZ.Z Zz~ ZZ',Z ~ Ei r' N E i N :N ' N : W I r-+ ~'~' ;h-+ ~--~ '` O lD' ~ .'~i ~4l F A W~ i N IF-+ 'E--+ CS"~ ~ ~ I W h-+ : W , W , lfl : GQ ~ V 1 D1 ~ ~ `A I W N; W N; ~--~ ~ d I E i 06 ~ I I I ; ~ I ~ I f ! ~ I I ~ I I j I ~ I ~ ~ ~ ~ , ~ ! i ~ ! ~ I ~ i I ; O ~. i ! ' t I ~ !I ~ i ! I ' I I I I ~ E 3_ ~ t I ~ I I E ....,. f ~ I I I i ~ I ' ~ ~ ~ I ~ n I ~ i i E I ! ~ i O ~-F' I ! I ., I i ~ ~ , i ~ I; l l i l ~ i I ~ ~ I ' ~ I i ~ O p I ! ~ ~ i 1 ! i ~ ~ ~ ~ ~ . I I ! cn N I I I I I I I I ! x I I f ~. ~. I I ' i ~ ! ~ I ~° i _ i r I I I ~ I ~ I ~ i i i i i C/1 m E I I ~ I ~ I f I I ! ~~~ I ~ I I I i I fD ~. n ~ E I ~ t I I ~ I ~~ I I i I Qz I I I .. ! ~ , ~ I I ~ I f~f ~ I ~ l I ~ I l '!ii ~ I i j ~ ° E i E m ~c . I ;E ~ ~ mo i - ~ ~ i I i ' ~~~~ ~ I ~ I I ~ I ' I i l i I i i 1 r I ° i ~ a I I I I ~ I I o cc: I , ~ l ~ ' I I I ~ i I ~ I~ ii i ~ ~ I ~ I I ~ ~ ~ 'O ~ ~ I 1! I ,i } il~i i ~ ~ I I I i y{ ~ j I ~ ~ ~ -cs I I I! I } L ~ i t .I~ I i ~ ' i I ~ -a• !~ ~~ ) ~ I I ~ I ~ ~ ' J~ ~ I i ~ I ~ I ~ I I 1 I o 0 I ~ ; ~~ I ~ I ~ ~ i ~ ~ ! I j E = I ~ o~ I , I i i t I i} I I ~ ~ ~ i l l i I ~ ~• I I _ ~ : ! I f i i o n I , I . I ' j I I I ~ I ~ E I I ! I! ~ r ! I ~ I I~ a ~ I i l I I I I ~ F I f ~ I ~ I I~ I~ I~I; ~I I I I # I ~ i i i I i sI~; ;I ~-!i~ _.___..~_..:._ I + I ! I ~ '• ~ I I I I I I S i i~ i , ~ II ~ I I ~~ S ~ I II I I j ~ I I I i i ' i i~ i~ ~ ~ # ~ J ,~} I I E I t ( I i ~ i i ~ ~ i I I } ~ i ~ ; I I I ' ~ s II I ~~ I : I I I E i ~ ~ :+l:e: AZ-:• SI1~tYM1K~ ,ill, i I' I 1 I a^~^',;n~:.Gi`vr.:.x^~:r,:~y:".:'i:l.1~L :;: :'.`^.«''.. n~F~.4:J'.:.' •s~1T (/~ f~"f C'7 --[ 0 N 3 J. fA N r-I' O !~ 3 r~ -n n 0 `C rn -~ O O O O c-} ~ w~ n C'1' O} O OQ C rt• rnro f Q p "~ 1 0 N O c~ ~~,ty of Butte C .ract No. 86-RDAP-020 Attachment A Page 3 of 3 ' SECTION 3 - Budget. a. District formation: $ 1,500.00 b. Engineering report: 9,000.00 c. Technical assistance: 2,500.00 TOTAL: $13,000.00 {72.5 hrs/mo for 8 months = 100 hrs x $25/hr = $2,500) SECTION 4 - Com letion Date A17 work must be completed thirty (30} days prior to the contract expiration date. Cou• .~ ~~ of Butte Con .ct No. 86-RDAP-020 Attachment B SPECIAL~CONDITIONS 1. The State reserves the right to review and comment on all work per- formed by the Grantee in relation to the Grant Agreement. Any de- viation from the Ulork Description in Attachment A, without expressed written permission from RDAP, is prohibited. 2. Month 1 of the hfilestones and Timeframes shall start within thirty X30} days from the date of contract approval by the State. 3. The Grantee shall have and maintain liability insurance in an amount deemed satisfactory to the State. Prior to drawdown of funds, the Grantee shall provide to the State for review and approval a certi- ficate of Insurance. County of Butte Contract.. 86-RDAP-020 Attachmen~ C ~C~iDISCRI^iIi~ATIOh CLAJSE (ec~ - 2) i.• During the perfiorr~ar~ce of this contract, the recipient contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic grove ider~tific~ation, sex, age, physlcnl or mental disability, nor shall they discriminate unlawfiully against ar~y ,,,ployee or applicant for eraployr~~~ent because a~ races religion, color, national origin, ancestry. physical handicap, mental disability, medical condltio~~E, marital status, age or sex, Contractor shall insure that the evaluation and treatment of employees and applicants for e~~ploy~!~ent are free of such discrim!r!ation, 2, Contractor.shiall coriply with the Provisions of the Pair Er~ployne,nt and Housing Act (Government Cade, Section 1200 et sep~), the regulations promulgated thereunoer~ (California Adrinistrative Code Title 2, Section 7285,0 et set,>> the provisions of Article g.5, Chapter 1, Part 1, Division 3~ Title 2 of the Government Code(Government Code, Sections 11135-11139,5) cnd the regulations~or stand- ards adapted by the awarding State age,ncY to fmple~r~e<<t such article, 3, P.ecipien t contractor and its subcontractors shall give written notice of their obligations under this clause to~ labor organizations with -~fiich they have a collective bargaining or other agree~Eent, 4, The contractor shall include the nondiscrimina~ion and compliance provisions of this clause in all suocontracts to perfiorm ~rork under the contract, STii , 17 H ( r+~'i,' S - 8 3 } County of .Butte Contract ' 86--RDAP-020 Attachmen,. ~ LAv:,~R S i A"vr,~.~u~ Ail COr:~ractGrs ar.d subcor'~tractors stall furnish t]'~e following certifications tG the Grantee: A. "I am aware of the provisions of Section 3700 of the Labor Code which require every er'~ployer to be insured against liability far workers` can;r_nsat;on or to undertaK= self-it:surar~ce in accordance wi`.h t}~~e provisions of that Code, ar.d I will comply with such provisions before cc~r'rencing the Yer`or:~~ance of the war;c of this contract." B. "It is h,e~'eby mutually agreed that the Contractor shall forfeit to the State a pEnalty cf twenty-five dollars ~525.Q0) for eac"~ calendar day, or portion there:,f, for each ware;er paid by him, or. subcontractor under him, less than the prey°ailing wrgc so stipulated ar:d in addition the Car~tractar further agrees to pay to each worker the difference between the actual a~:,ount paid for each calendar day, ar portion thereof, ar,d the stipulated Prevailing +;.aoe rate fcr the sale. This provision shall not apply to pr~~~erly idert::reu apprentices." C. "It is further agreed that the maximum hours a worker is to be employed is li'nited to e1Cht hours a day and 40 hours a week and the Contractor shall }o;'feit, as a pe=~z.lty to the State, twenty-five dollars (52~.C0) for each 'w~rkGr employed In ~~!? °Xc~titlan of the ContCac.t fGr each Calendar d?y during which a work_r is required or permitted to labor yore than eight hours in any calendar day or more than 40 hours in any calendar weak, in violation of Labor Code Sections 1810-1815, inclusive." D. "iravel and subsistence payments shall be paid.to each worker needed to execute the work, as such travel and subsistence payments are deFined jr, the applicable collective bargaining agreements filed in accordance with Lzhor Code Section 1773.8." >> y ~ a ,;;a he e~ :pl Dyed i n the prosecUti or. of the E. Froper~y indentured apprenL~c~s y . work, They Tust be so erraployed by any contractor or subcontractor employing workers in any apprenticeable craft ar trade, i.e., a craft or trade deter- ,,:ir'ed to be an aprrenticeable occupation in accordance with rules and reg=~- lations prescribed by the Apprenticeship Council. Special attention is directed to that portion of Labor Gode Section 1777.5 which revuires such a contractor or subcontractor to obtain from the Joint Apprenticeship Cor^r:~ittee adr.:inistering the apprenticeship standards of the craft or tradz in tree area of the site of the contract work, a certificate ap;:~rov~n~; the contractor or subcontractor for the employ,~tent and training of aYprMntices in such area unless already covered by local apprentices}~ip standards. Cp•on the issuance of the certificate, the contractor or subcontractor, unless exe~`pt pursuant to Section 1777.5 of, the Labor Code, shall er:P:ioy the r,U~'uer of apYr=:~=ices or ,the ratio of arprentices to journeymen fixed in the certificate. If there is in the area of the site of the work a fund or funds to ad~~:ir~ister and conduct the apprenticeship program in any apprenticeable craft or trade, to which fund or funds other contractors in said area are, but the con~ractor or subcontra:,taris not, contributing, the contractor and subcontractor shall contribute to sai d fund or funds i n the sarr,e as.,our=i or upon th,G 5zr'-e basi s and i n the sale r'.ar~r.er as the o then Contractors da. For w i 11 rul fa i ? ure to 1 w th Sect '777.5 cf the Labor CcdF, t!:e cor~tractar sr,,;ll be dGr-,ied crJ~:~~ y i i ~'rl - the ri5ht to bld on i '.:b11C works Caritr3Ct for c ~°{' "'~' a CrsE y=cr i ~v,~; %~e _~t~ y':? ~~:Err"?r:~~~„ ~ '.5 ^F~~,zs