HomeMy WebLinkAboutMINUTES - 10232001 - C.89 TO: BOARD OF SUPERVISORS
Contra
FROM: CARLOS BALTODANO, DIRECTOR Costa
BUILDING INSPECTION DEPARTMENT .
County
DATE: OCTOBER 9, 2001 Qq
SUBJECT: THE 2001/02 AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF
BRENTWOOD FOR THE UTILITY CONNECTION PROGRAM.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Approve the 2001/02 Agreement. with the City of Brentwood and Contra
Costa County for the Utility Connection Assistance Program and
authorize the Chair to execute said agreement . (District III)
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The City of Brentwood (City) wishes to implement an Owner Occupied
Utility Connection Assistance Program. The City wishes to procure
the expertise of an agency currently operating such a program to
administer a similar program for the City. 'The Contra Costa County
Neighborhood Preservation Program (NPP) has the demonstrated
experience and qualifications to operate a housing rehabilitation
program under the Community Development Block Grant Program. The
City will receive Community Development Block Grant (CDBG) funds
under Project Agreement HSG 99-07 as Subrecipient to the Community
Development Department of Contra Costa County. The County has
applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974,
Pubic Law 93-383 , as amended.
The City has approved and authorized the expenditure of One Hundred
Forty Six Thousand, Seven Hundred Fifty Dollars ($146, 750 . 00) from
FY 1998/1999 and FY 1999/2000 CDBG funds for an owner-occupied
utility connection assistance loan program for single-family
residences in Brentwood. Washington Mutual Bank is prepared to
assist the City and the County in achieving the objective of the
program by participating with the City and the County in the
proposed loan program.
This is the first year the County has contracted with the City of
Brentwood for these services . Since the services provided will
include the goal of approximately ten (10) loans, the existing NPP
staff will be sufficient to implement this gram.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BO N _ c t 0 e r PROVED AS RECOMMENDE11 D XX_ OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
XX UNANIMOUS (ABSENT None ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN. .
ATTESTED October 23, 2001
JOHN SWEETEN, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY 1 .-� , DEPUTY
V.
i
CONTRACT BETWEEN THE CITY OF BRENTWOOD
AND
CONTRA COSTA COUNTY
FOR
UTILITY CONNECTION ASSISTANCE PROGRAM IMPLEMENTATION
This AGREEMENT, entered into this 91h day of January, 2001, by and between the CITY OF
BRENTWOOD, public body corporate and politic, hereinafter referred to as "CITY", and
COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter
referred to as "SUBRECIPIENT".
RECITALS
A. CITY wishes to implement an Owner Occupied Utility Connection Assistance Program as
quickly as possible, and as a result, wishes to procure the expertise of an agency currently
operating such a program to administer a similar program for the CITY.
B. CITY will receive Community Development Block Grant (CDBG) funds under Project
Agreement HSG 99-07 as Subrecipient to the Community Development Department of
Contra Costa County. The County has applied for and received funds from the United
States Government under Title I of the Housing and community Development Act of 1974,
Public Law 93-383, as amended.
C. CITY has approved and authorized the expenditure of One Hundred Forty Six Thousand
Seven Hundred Fifty Dollars ($146,750) from FY 1998/1999 and FY 1999/2000 CDBG
Program funds for an owner-occupied utility connection assistance loan program for single
family residences in Brentwood.
D. CITY has committed funds in the amount of $59,250 for connection fees and $45,083 for
program administration.
E. SUBRECIPIENT has demonstrated experience and qualifications to operate a program to
fund housing rehabilitation under the CDBG Program.
F. SUBRECIPIENT represents it has the expertise and background to provide such services to
the CITY.
NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties as
herein expressed, CITY and SUBRECIPIENT agree as follows:
1. Scope of Services
SUBRECIPIENT agrees, through its Neighborhood Preservation Program to perform all-
the functions necessary to make utility connection assistance loans to very-low and low-
income owner-occupants of single family homes within the CITY's Housing
Rehabilitation Target Area, delineated on the attached map hereto as in Attachment "A"
and incorporated herein as part of the Agreement. These functions include, but are not
limited to the following activities:
a. Distributions of applications to interested property owners.
b. Consultations with property owners and explanation of utility connection
program requirements.
C. Initial inspection of properties of utility connection program applicants and
preparation of inspection reports.
d. Preparation of utility connection contract specifications and preparation of
inspection reports.
e. Assistance to program applicants with the preparation of loan application
documents.
f. Review and processing of loan application documents and determination
of applicants' eligibility for program.
g. Compliance with Federal environmental requirements with respect to
historic, floodplain management, explosive and flammable operations and
toxic chemical/radioactive materials upon completion by CITY of
Appendix "A" of the Department of Housing and Urban Development's
Environmental Rehabilitation Review Sheet.
h. Review of contractor's bids to determine that all items in contract
specifications have been addressed and that proposed costs are
reasonable.
i. Verification of contractor's licenses and evaluation of contractors'
qualifications. This shall include verification for work exceeding $2,000
that the contractor has a license from the State Contractors' Board and a
business license from the City of Brentwood.
j. Confirmation that Contractor or subcontractor is not on list of debarred,
suspended or ineligible contractors.
k. Periodic progress inspections and final inspection to determine that
rehabilitation work has been properly performed in accordance with the
terms of the contract.
I. Processing of payments to owners/contractors for work completed.
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2. Eligibility of Loan Applicants
a. In order for a property owner to be eligible for a rehabilitation loan, applicants
must be very-low or low-income residents of the CITY's Rehabilitation Target
Area, described below and in Attachment "A". Very-low income households are
defined as households with incomes at or below fifty percent of the area median
income (AMI) for the Oakland Primary Standard Metropolitan Statistical Area as
adjusted for household size and published annually by the U.S. Department of
Housing and Urban Development; low income households have an income at or
below eighty percent AMI.
1. East side of Fairview Avenue between Central Boulevard and Sand
Creek, just south and north of San Jose Avenue.
2. West side of Fairview Avenue between Sand Creek and Apricot Way.
3. South side of Minnesota Avenue west of the Southern Pacific Railroad
and east of Fairview Avenue.
4. South side of Lone Tree Way beginning west of Fairview Avenue and
ending just west of Empire Avenue
5. South of Lone Tree Way beginning just west of Anderson Avenue and
east of O'Hara Avenue.
6. North and south of Lone Tree Way just east of Virginia Drive extending
from south of Sims Road on Brentwood Boulevard to north of Sunrise
Drive on Brentwood Boulevard.
7. West of Brentwood Boulevard south of Hanson Lane and north of Sunset
Road.
8. North side of Sunset Road beginning at Brentwood Boulevard and
extending northerly to the Mokelumne Aqueduct.
9. East of Brentwood Boulevard from just south of Village Drive south to
Sycamore Avenue and extending east to Barbara Street.
b. In all other respects, the guidelines established by SUBRECIPIENT for its
Neighborhood Preservation Program shall apply to utility connection loans for
CITY residents. (Attachment°B")
3. Review of Applicants
Prior to initiating any action with respect to a utility connection application from any CITY
resident, SUBRECIPIENT shall submit a copy of application to CITY for CITY review, in
order to determine conformance of proposed rehabilitation with CITY policies. CITY
shall provide expeditious review of application and notify SUBRECIPIENT in writing of
CITY's authorization to proceed with processing of utility connection application.
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4. Conformance with City Codes and Ordinances
SUBRECIPIENT shall use its best efforts to ensure that all utility connection work carried
out under this Agreement is in conformance with CITY Building and Zoning Codes and
Ordinances.
5. Compensation for Services
Upon approval of each utility connection loan, SUBRECIPIENT shall invoice CITY for the
amount of the loan to be paid with Community Development Block Grant (CDBG funds).
In addition, SUBRECIPIENT shall periodically invoice CITY for administrative and
technical services performed by SUBRECIPIENT in connection with each rehabilitation
loan. Such compensation for services shall be at the rate of $75.00 per hour for each
hour of time expended by SUBRECIPIENT Rehabilitation Specialist on the utility
connection case, except that the maximum compensation for any utility connection
(water and/or sewer) case shall be limited to $3,500.00. It is understood that the
compensation rate of $75.00 per hour is for all administrative and technical service in
connection with the utility connection case, including salary of Rehabilitation Specialist,
administrative oversight, clerical assistance, and overhead costs. SUBRECIPIENT shall
provide time sheets documenting hours expended on a project basis. See Attachment
"C" for budget.
6. Limitation on Funds
The total loan costs incurred by SUBRECIPIENT under this Agreement shall not exceed
$206,000 (two hundred six thousand dollars), the amount of CDBG funds awarded to
CITY and City Redevelopment Agency and General Funds for this utility connection
program. This limitation does not include subrecipient compensation for administrative
and technical services as described in Section 5. The loan maximum to any household
will be $12,000. CDBG funds will be used for construction costs and one-half of the
connection fees. CITY resources will be used for the remainder of the connection fees.
7. Term of Agreement
The term of this Agreement shall commence on the date first appearing in this
Agreement and shall continue until June 30, 2002. This Agreement may be renewed for
successive one-year terms at the discretion of.CITY and SUBRECIPIENT.
8. Records to be Maintained
The SUBRECIPIENT shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506,.and that are pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records required to determine the eligibility of activities;
C. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
d. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
e. Financial records as required by 24 CFR Part 570.502, and OMB Circular
A-110; and
f. Other records necessary to document compliance with applicable
sections of 24 CFR 570.
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g. SUBRECIPIENT shall retain records for a period of three years except
that all loan records shall be retained for a period of three years after final
loan repayment.
9. Reporting
SUBRECIPIENT shall report on quarterly basis the race, ethnicity, handicapped status,
gender, familial status and income status of all tenants. Relevant contractor information
shall be provided.
SUBRECIPIENT shall annually report to CITY on all utility connection loans made with
CDBG funds awarded to CITY, including the name of borrower, address and parcel
number, loan amount, the terms of the loans, date of first payment, amount of
repayments, type of work completed under the loan, program income received and
expended, and program demographic information required for completion of Annual
Grantee Performance Report. This report shall be submitted to CITY within 30 days
after the end of the program year on June 30.
10. City Redevelopment Agency Funds Repaid to City and Community Development
Block Grant Funds Repaid to County CDBG Program Income
CITY shall keep separate accounting of repayments of loan principal from loans made
with CITY CDBG and Redevelopment Agency funds.
11. Compliance with Federal Requirements
In carrying out the terms of this Agreement, CITY and SUBRECIPIENT shall comply with
all applicable Community Development Block Grant Program Regulations as contained
in 24 CFR Part 570, except CITY shall be responsible for initiation and completion of
environmental review. Specifically, SUBRECIPIENT agrees to comply with the
following:
a. CDBG regulations governing the eligibility of fair housing activities as
contained in 24 CFR 570.904.
b. The attachments as listed below of the Uniform Administrative Requirements for
Grants and Cooperative Agreements to state and local governments (24 CFR
Part 85), as applicable, including:
1. Section 85.3, "Definitions"
2. Section 85.6, "Exceptions"
3. Section 85.12, "Special grant or subgrant conditions for"high-risk"
grantees;
4. Section 85.20, "Standards for financial management systems", except
paragraph (a);
5. Section 85.21, "Payment" except as modified by Sec. 570.513;
6. Section 85.22, "Allowable costs";
7. Section 85.25, "Non-federal audits";
8. Section 85.32, "Equipment", except in all cases in which the equipment is
sold, the proceeds shall be program income;
9. Section 85.33, "Supplies";
10. Section 85.34, "Copyrights";
11. Section 85.35, "Subawards to debarred and suspended parties"
paragraph;
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12. Section 85.36, "Procurement", except paragraph (a);
13. Section 85.37, "Subgrant";
14. Section 85.40, "Monitoring and reporting program performance", except
paragraphs (b) through (d) and paragraph (f);
15. Section 85.41, "Financial reporting", except paragraphs (a), (b), and (e);
16. Section 85.42, "Retention and access requirements for records";
17. Section 85.43, "Enforcement";
18. Section 85.44, "Termination for convenience";
19. Section 85.51, "Later disallowances and adjustments"; and
20. Section 85.52, "Collection of amounts due".
C. OMB Circular No. A-87 "Principles for Determining Costs Applicable to Grants
and contracts with State, Local, and Federally recognized Indian Tribal
Governments".
d. OMB Circular No. A-128, "Audits of State and Local Governments".
e. Environmental Standards as defined in 24 CFR 570.604.
f. "Public Law 88-352", which refers to Title VI of the Civil Rights Act of 1964,
"Affirmative Action Program", which provides that no person in the United
States shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal . financial assistance. The
SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the
City's specifications an Affirmative Action Program in keeping with the principles
as provided in President's Executive Order 11246 of September 24, 1965, and as
subsequently amended. The SUBRECIPIENT shall submit a plan for an
Affirmative Action Program upon the request of the CITY.
g. "Public Law 90-284"; which refers to the Fair Housing Act, which states that it is
the policy of the United States to provide, within constitutional limitations, for fair
housing throughout the United States and prohibits any person from
discriminating in the sale or rental of housing, the financing of housing, or the
provision of brokerage services, including otherwise making unavailable or
denying a dwelling to any person, because of race, color, religion, sex, national
origin, handicap or familial status and which requires that all programs and
activities related to housing and community development be administered in a
manner to affirmatively further the policies of the Fair Housing Act.
h. Section 109 of Title I of the Housing and Community Development Act of
1974; which states that no person in the United States shall on the ground of
race, color, national origin or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with Community Development funds made available
pursuant to this act.
i. Section 504 of the Rehabilitation Act of 1973; as amended, which states that
no otherwise qualified handicapped individual in the United States shall solely be
reason of his/her handicap be excluded from participation in, be denied the
benefits of, or be discriminated against under any program or activity receiving
Federal financial assistance.
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j. Age Discrimination Act of 1975; as amended, which states that no persons in
the United States shall, on the basis of age, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
k. Section 3 of the Housing and Urban Development Act of 1968; which states
the work to be performed under this contract is a project assisted under a
program providing direct federal financial assistance from HUD and is subject to
the requirements of Section 3of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701. Section 3 requires that to the greater extent
feasible, opportunities for training and employment be given to lower-income
persons within the unit of local government or the metropolitan area in which the
project is located, and that contracts for work in connection with the project be
awarded to eligible business concerns which are located in, or owned in
substantial part by, persons residing in the same metropolitan areas as the
project.
I. Conflict of interest regulations as contained in 24 CFR 570.611; which
require, among other things, that except for approved eligible administrative or
personnel costs, no person who is an employee, agent, consultant or officer of
the SUBRECIPIENT may obtain a personal or financial interest or benefit from
the activity under this Agreement, or have an interest in any contract,
subcontract, or agreement with respect thereto, or the proceeds thereunder,
either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter. Upon written request of the
AGENCY, the CITY may request the U.S. Department of Housing and Urban
Development to grant an exception to the foregoing requirement on a case-by-
case basis in accordance with 24 CFR 570.611 (d).
M. The SUBRECIPIENT will use its best efforts to afford minority and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this contract. As used in this contract, the term 'minority and
female business enterprise means a business at least fifty-one (51) percent
owned and controlled by minority group members or women. For the purpose of
this definition, "minority group member' are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans and
American Indians. The CITY may rely on written representations by
SUBRECIPIENT regarding their status as a minority and female business
enterprise in lieu of an independent investigation.
n. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Contract work Hours, and Safety Standards Act, the Copeland (Anti-Kickback)
Act (40 U.S.C. 276, 327-333) and all other applicable federal, state and local
laws and regulations pertaining to labor standards insofar as those acts apply to
the performance of this contract. The SUBRECIPIENT shall maintain
documentation which demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available to the
CITY for review upon request.
The SUBRECIPIENT agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than (8)
households, all contractors engaged under contracts in excess of $2,000 for
construction, renovation or repair of any building or work financed in whole or
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part with assistance provided under this contract, shall comply with federal
requirements pertaining to such contracts and with the applicable requirements
of the regulations of the Department of Labor, under 29 CFR, Parts 1, 3, 5, and 7
governing the payment of wages and ration of apprentices and trainees to
journeymen; provided, that if wage rates higher than those required under the
regulations are imposed by the state or local law, nothing hereinunder to
intended to relieve the SUBRECIPIENT of its obligation, if any, to require
payment of the higher wage. The SUBRECIPIENT shall cause or require to be
inserted in full, in all such contracts subject to such regulations, provisions
meeting the requirements of this paragraph, for such contracts in excess of
$10,000.
o. Lead Based Paint. The AGENCY agrees that any construction or rehabilitation
structures with assistance provided under this contract shall be subject to HUD
Lead Based Paint Regulations at 24 CFR Part 35, and in particular Sub-part B:
thereof. Such regulations pertain to all HUD-assisted housing and require that all
owners, prospective owners, and tenants of properties constructed prior to 1978
be properly notified that such properties may. include lead-based paint and
explain the symptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisoning.
P. Equal Employment Opportunity. All contracts shall contain a provision requiring
compliance with E.G. 11246, "Equal Employment Opportunity", as amended by
E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and as supplemented by regulation at 41 CFR part 60, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.
q. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276C). All contracts
and subgrants in excess of $2,000 for construction or repair awarded by
recipients and subrecipients shall include a provision for compliance with the
Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented by Department
of Labor regulations (29 CFR part 3 "Contractors and Subcontractors on Public
building or Public Work Financed in Whole or In Part by Loans or Grants from the
United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing by any means, any person employed in the construction,
completion, or repair of public works, to give up any part of the compensation to
which he is otherwise entitled. The recipient shall report all suspected or
reported violations to the Federal awarding agency.
r. Clean Air Act (42 U.S.C. 7401 et. seq.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251 et. seq.), as amended. Contracts and subgrants of amounts
in excess of $100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (41 U.S.C. 7401 et. seq.) and the Federal Water
Pollution Control Act as amended 933 U.S.C. 1251 et. seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
S. Debarment and suspension (E.O. 12549 and 12689). No contract shall be made
to parties listed on the General Services Administration's List of Parties Excluded
from Federal procurement or Nonprocurement Programs in accordance with E.O.
12549 and 12689, "Debarment and Suspension." This list contains the names of
parties debarred, suspended or otherwise excluded by agencies, and contractors
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declared ineligible under statutory or regulatory authority other than E.O. 12549.
Contractors with awards that exceed the purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal
employees.
12. Certification
The undersigned certifies, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any Agency, a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any Agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loan, and cooperative agreements) and
that Agency shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
13. Insurance
CITY understands and agrees that SUBRECIPIENT is self-insured for its workers
compensation and general liability exposures and agrees to extend the benefits of this
protection to CITY, as required in Article 14. Indemnification of this Agreement.
14. Indemnification
SUBRECIPIENT agrees to indemnify, hold harmless, and defend CITY, its officers,
agents, and employees from and against any and all claims, demands, lawsuits or other
actions for damage or injury to persons or property arising out of the performance of this
Agreement by SUBRECIPIENT or its officers, employees, partners, directors, or agents.
CITY agrees to indemnify and hold harmless SUBRECIPIENT, its officers, agents, and
employees, from CITY's sole liability, losses, costs, or expenses, including attorney's
fees, arising out of the negligent acts, errors, omissions or willful acts of CITY, its
officers, agents, or employees, arising out of or connected with this Agreement for its
operations.
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This provision shall survive any termination of this Agreement.
15. Amendments
Should Federal or State regulations, laws, funding requirements or funding amounts
applicable to the subject of this Agreement be adopted or revised during the term,
hereof, this Agreement shall be deemed amended, as necessary, to assure
conformance with such Federal and State requirements. If such amendments result in a
change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, except as necessary to comply with Federal or
State requirement, such modifications will be incorporated only by written amendment of
this Agreement.
16. Termination of Agreement
CITY or SUBRECIPIENT may terminate this Agreement at any time by giving written
notice of same and specifying the effective date thereof, at least fifteen (15) days before
the effective date of such termination. If the Agreement is terminated by CITY as
provided herein, SUBRECIPIENT shall be paid for all work done on behalf of CITY under
the terms of this Agreement, up to the effective date of termination.
17. Inspection of Work
It is understood that periodic review of SUBRECIPIENT's work under this Agreement
may be necessary and the right to so review is reserved by CITY. CITY shall have
access to any books, documents, papers and records of SUBRECIPIENT which are
directly pertinent to the work performed under this Agreement with exception to
confidential attorney/client materials. The SUBRECIPIENT hereby agrees to have an
annual agency audit conducted in accordance with OMB Circular A-128. Any
deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30
days after receipt by the SUBRECIPIENT. Failure of the COUNTY to comply with the
above audit requirements will constitute a violation of this contract and may result in the
withholding of future payments.
18. Cessation of Funding
In the event the Federal funding for this Agreement ceases, this Agreement is
terminated. In the event of unforeseeable budget adjustments by the Federal
Government, this Agreement is subject to re-negotiation.
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19. Project Representation and Notices
CITY and SUBRECIPIENT hereby designate the following agents to act at project
representatives in the matters dealing with the performance of work under this
Agreement and for receipt of all notices:
CITY: John E. Stevenson, P.E., City Engineer
CITY OF BRENTWOOD
708 Third Street
Brentwood, CA 94513
SUBRECIPIENT: Carlos Baltodano
Director of Building Inspection
Neighborhood Preservation Program
651 Pine Street, 4 1 Floor
Martinez, CA 94553
IN WITNESS WHEREOF, This Agreement is executed by the City of Brentwood and by the
County of Contra Costa:
CITY OF B OOD COUNTY OF CONTRA COSTA
By. . r� By:
J 'n E. Stevenson,'P-.E— Chairloard of S ervisors
ity Engineer - -
APPROVED AS TO FORM ATTESTED
John Sweeten, Clerk of the Board of
Supervisors and County Administrator
By: RA�-� By: —
DENNIS BEOUGHER DEPUTY
City Attorney
CERTIFICATION:
By: .�
CARLOSBALTODANO
Director of Building Inspection
APPR VED AS TO FORM:
By:
DEPUTY COUNTY U 'Ep L ,.
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ATTACHMENT "A"
Owner-Occupied Utility Connection Assistance Program
Loan program provides leveraged zero or low interest deferred loans to provide utility connections
to municipal water and sewer service for owner-occupied housing for very-low/low income
households. Very-low income households are defined as households with incomes at or below fifty
percent of the area median income (AMI) for the Oakland Primary Standard Metropolitan Statistical
Area as adjusted for household size and published annually by the U.S. Department of Housing
and Urban Development; low income households have an income at or below eighty percent AMI.
Approved target areas are:
1. East side of Fairview Avenue between Central Boulevard and Sand Creek, just south and north
of San Jose Avenue.
2. West side of Fairview Avenue between Sand Creek and Apricot Way.
3. South side of Minnesota Avenue west of the Southern Pacific Railroad and east of Fairview
Avenue.
4. South side of Lone Tree Way beginning west of Fairview Avenue and ending just west of
Empire Avenue.
5. South of Lone Tree Way beginning just west of Anderson Avenue and east of O'Hara Avenue.
6. North and south of Lone Tree Way just east of Virginia Drive extending from south of Sims
Road on Brentwood Boulevard to north of Sunrise Drive on Brentwood Boulevard.
7. West of Brentwood Boulevard south of Hanson Lane and north of Sunset Road.
8. North side of Sunset Road beginning at Brentwood Boulevard and extending northerly to the
Mokelumne Aqueduct.
9. East of Brentwood Boulevard from just south of Village Drive south to Sycamore Avenue and
extending east to Barbara Street.
ATTACHMENT "B"
Eligibility Guidelines for the Utility Connection Program
■ General Requirements
Owner-occupied single family structures and duplexes' will be eligible for utility connection loan
assistance, if the property (1), is in need of connection to CITY water and/or sewer service in
order to eliminate reliance on its private well and/or septic system and (2), is owned by a
household which has a qualifying income as defined in the following sections and which has
been in permanent legal possession of the property owner for at least six months prior to
applying for financial assistance.
■ Eligibility of the Applicant
In addition to being the owner of a single-family unit or the owner-occupant of a duplex, in need
of connection to City water and sewer service, to qualify for a rehabilitation loan the applicant
must:
a. Be a household with an adjusted gross income no more than very-low or low income for
the County as established by HUD for the Oakland Primary Standard Metropolitan
Statistical Area (See Attachment"D"); and
b. Have assets which, for elderly households, (age 62 or over) do not exceed $20,000, and
for non-elderly households, have assets which do not exceed $10,000. Assets would
include bank accounts, stocks, bonds, investments, and real estate holdings but not
including the principal residence.
C. Be designated as not eligible for a conventional home improvements loan; and
d. Have a credit record evidencing willingness and ability to meet and service the debt
incurred; and
e. In the case of the second unit in a duplex which is a rental property, conform with Federal
non-discrimination regulations and agree that, upon receipt of a loan from the CDBG
Utility Connection Program: 1) rents and other charges shall not be increased beyond
the total cost of the loan, actual increases in taxes, and the percentage increase in the
Bay Area cost of living index issued by the U.S. Department of Commerce; and 2) the
units to be rehabilitated will be rented to very-low and low income families utilizing the
Federal Section 8 Existing Unit Rental Subsidy Program.
■ Priorities for Award of Loans
Loan priority will be given to very-low income owner-occupied households currently reliant on
failing septic and well water systems. Applications will be evaluated and processed as
received, based on the eligibility criteria and requirements stated in the Eligibility of the
Applicant section of these guidelines. Financial assistance will be awarded to applicants in the
order in which their application materials are compiled for eligibility determination.
For the financial purposes of this program, duplex is defined as one structure with two living units or two single-
family structures on one parcel.
Income will be based on the applicant's income for the 12 months prior to its application for financial assistance and
reflect increases or decreases anticipated during the-next 12 months. Adjusted gross income as defined as a household's
annual gross income less:
1) Uncompensated or uncovered medical expenses, which exceed 3%of gross income.
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ATTACHMENT "C"
BUDGET
Budget Item CDBG Funds City RDA Funds Total
Utility Connection Loans $146,750 $59,250 $206,000
Program Delivery Costs 45,083 45,083
$146,750 $104,333 $251,083
Up to ten percent of the total CDBG funding may be moved among cost categories, as listed
above, with prior approval by the County. Further adjustments (over ten percent) will require an
amendment to the Project Agreement.
City RDA funds will be used for necessary expenditures not funded by CDBG to provide zero-
interest deferred loans due on sale or transfer of the property. These include utility connection
fees and administrative expenses. Program delivery costs include marketing costs. CDBG loan
proceeds will be repaid to the County. The loan maximum will be $12,000, and CDBG funds will
be used for construction costs and one-half of the connection fees. City resources will be used for
the remainder of the connection fees, cultural resource evaluations and program administration.
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ATTACHMENT "D"
INCOME LIMITS FOR ELIGIBILITY
CONTRA COSTA COUNTY
CDBG PROGRAM
Income Limits by Household Size - Effective March 9, 2000
Persons per Maximum income of households which are:
Household Extremely Very-Low Median
Low Income Income Low Income Income
1 $14,200 $23,650 $35,150 $47,300
2 $16,200 $27,050 $40,150 $54,100
3 $18,250 $30,400 $45,200 $60,800
4 $20,300 $33,800 $50,200 $67,600
5 $21,900 $36,500 $54,200 $73,000
6 $23,500 $39,200 $58,250 $78,400
7 $25,150 $41,900 $62,250 $83,800
8 $26,750 $44,600 $66,250 $89,200
Extremely low-income households are defined as households earning 30 percent or less of area
median income (AMI); very-low income households earn 50 percent or less AMI; low-income
households earn 80 percent or less AMI subject to HUD caps; and median income households
earn 100 percent AMI.
Source: U.S. Department of Housing and Urban Development
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