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HomeMy WebLinkAboutMINUTES - 03011994 - 1.55 TO: BOARD OF SUPERVISORS FROM: Franklin Lew, Director of Building Inspection DATE: February 15, 1994 SUBJECT: 1993/94 Agreement between Contra Costa County and the City of Antioch for the Housing Rehabilitation Loan Program. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve the 1993/94 Housing Rehabilitation Services Agreement with the City of Antioch and Contra Costa County for the Housing Rehabilitation Loan Program and authorize the Chair to execute said agreement. BACKGROUND A. City will receive Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development (HUD) as an entitlement to the City pursuant to the provisions of Title I of the Housing and Community Development Act of 1974 , as amended. B. The city has approved and authorized the expenditure of One Hundred Twenty Four Thousand, Nine Hundred Nine dollars ($124 , 909. 00) from said CDBG funds for a housing rehabilitation program for owner-occupants of single-family homes, which includes a carryover of $7,409 . 00 from 1992- / 1993 program year. C. County has the demonstrated experience and qualifications to operate a housing rehabilitation program under the Community Development Block Grant Program. D. Great Western is prepared to assist City and County in achieving the objective of the program by participating with the City and County in the proposed loan program. E. This is the sixth year the County has contracted with the City of Antioch for these services and the Building Inspection Department recommends approval of the agreement. CONTINUED ON ATTACHMENT: X YES SIGNATURE ` RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON 11*APPROVED AS RECOMMENDED_ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS UNANIMOUS (ABSENT ) IS A TRUE AND CORRECT COPY AYES: NOES: OF AN ACTION TAKEN AND ENTERED ABSENT: ABSTAIN ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Building Inspection Dept. ATTESTED 1994 County Administrator Phil Batche or, City of Antioch Clerk of the Board of Supervisors and County Administrator BY: , DEPUTY • 1,55 CONTRACT BETWEEN THE CITY OF ANTIOCH AND CONTRA COSTA COUNTY FOR HOUSING REHABILITATION This AGREEMENT, entered into this First day of July 1993, by and between the CITY OF ANTIOCH, public body corporate and politic, hereinafter referred to as "CITY", and the COUNTY of CONTRA COSTA, a political subdivision of the State of California, herein after referred to as "SUBRECIPIENT". RECITALS A. CITY will receive Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development (HUD) as an entitlement to CITY pursuant to the provisions of Title I of the Housing and Community Development Act of 1974, as amended. B. CITY has approved and authorized the expenditure of One Hundred Seventeen Thousand Five Hundred Dollars ($117,500) from 1993-94 CDBG Program funds for owner-occupied housing rehabilitation loan program for single family residents in Antioch. Carryover funds from the 1992-93 Program Year totals One Hundred Twenty-Four Thousand, Nine Hundred Nine Dollars ($124 , 909) . C. SUBRECIPIENT has requested funds for an affordable housing revolving loan program. D. SUBRECIPIENT has demonstrated experience and qualifications to operate a revolving loan program to fund housing rehabilitation under the Community Development Block Grant Program. 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 housing rehabilitation loans to low and moderate-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 this Agreement. These functions include, but are not necessarily limited to the following activities: 1 a. Marketing of housing rehabilitation program in CITY as part of SUBRECIPIENT's overall marketing effort. b. Distribution of applications to interested property owners. C. Consultations with property owners and explanation of rehabilitation program requirements. d. Initial inspection of properties of rehabilitation program applicants and preparation of inspection reports. e. Preparation of rehabilitation contract specifications and cost estimates. f. Assistance to program applicants with the preparation of loan application documents. g. Review and processing of loan application documents, and determination of applicants' eligibility for program. h. Compliance with Federal environmental requirements with respect to historic preservation, 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. i. Review of contractor's bids to determine that all items in contract specifications have been addressed and that proposed costs are reasonable. j . Verification of contractor's licenses and evaluation of contractors' qualifications. k. Confirmation that Contractor or subcontractor is not on list of debarred, suspended or ineligible contractors. 1. Periodic progress inspections and final inspection to determine that rehabilitation work has been properly performed in accordance with the terms of the contract. M. Processing of payments to owners/contractors for work completed. n. Collection of loans from property owners. 2. Eligibility of Loan Applicants a. In order to be eligible for a rehabilitation loan, applicants must meet the most current low and moderate- income guidelines established by the U.S. Department of 2 Housing and. Urban Development for the Community Development Block Grant Program, and must reside within CITY's Rehabilitation Target Area, described in Exhibit "Ani b. In all other respects, the guidelines established by SUBRECIPIENT for it Neighborhood Preservation Program shall apply to rehabilitation loans for CITY residents. 3. Review of Applications Prior to ' initiating any action with respect to a rehabilitation 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 applications and notify SUBRECIPIENT in writing of CITY's authorization to proceed with processing of rehabilitation application. 4. Conformance with City Codes and Ordinances SUBRECIPIENT shall use its best efforts to ensure that all rehabilitation work carried out under this Agreement is in conformance with CITY Building and Zoning Codes and Ordinances. S. Compensation for Services Upon approval of each rehabilitation 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 rehabilitation case, except that the maximum compensation for any rehabilitation 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 services in connection with the rehabilitation 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 "B" for budget. 6. Limitations of Funds The total costs incurred by SUBRECIPIENT under this Agreement shall not exceed $117,500. 00, the amount of CDBG funds 3 allocated by CITY for this rehabilitation program, except as permitted by the generation of program income and carryover of previous program years allocation. 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, 1994. 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 f. Other records necessary to document compliance with Sub-Part K of 24 CFR 570. 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. Reyortina SUBRECIPIENT shall report on a quarterly basis the race, ethnicity, handicap status, gender, familial status and income status of all applicants. Relevant contractor information shall be provided. SUBRECIPIENT shall annually report to CITY on all rehabilitation loans made with CITY entitlement funds, including name of borrower, address and parcel number, loan amount, the terms of the loans, date of first payment, amount of repayments, type of rehabilitation 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 4 CITY within 30 days after the end of the program year on June 30. 10. Program Income SUBRECIPIENT shall keep separate accounting of repayments of loan principal and interest earned from loans made with CITY CDBG funds. Such program income shall be used for future rehabilitation activity within CITY, and shall be applied, after its receipt by SUBRECIPIENT, to the next CITY rehabilitation loan approved by SUBRECIPIENT. Each invoice to CITY for rehabilitation loan funds shall specify as a credit the amount of program income to be applied to each rehabilitation loan. In the event that this Agreement is not subsequently renewed, or is otherwise terminated, SUBRECIPIENT agrees to repay CITY any unexpended program income attributable to CITY's CDBG program within 30 days of terminating on date, and to transfer all accounts receivable attributable to this activity to CITY. 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 570.502 . (a) and Subpart K, except CITY shall be responsible for initiation and completion of environmental review. In addition, SUBRECIPIENT agrees to comply with the following: a. CDBG regulations governing the eligibility of equal opportunity and fair housing activities as contained in 24 CFR 570.904. b. The attachments as listed 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 §570.513 ; ( 6) Section 85.22, "Allowable costs" ; ( 7) Section 85.26, "Non-federal audits" ; 5 ( 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; (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 A-128 "Audits of State and Local Governments. " e. Environmental Standards as refined in 24 CFR 570.604. f. "Public Law 88-352" which refers to Title VI of the Civil Rights Act of 1964, IlAffirmative Action Programil, 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 for approval prior to the award of funds. g. "Public Law 90-28411 which refers to the Fair Housing Act, which states that 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 6 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 by 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. 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 3 of 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 area as the project. 1. 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 7 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 SUBRECIPIENT, 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 members" 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 minority and female business enterprises 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 eight (8) households, all contractors engaged under contracts in excess of $2, 000. 00 for construction, renovation or repair of any building or work financed in whole or in 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 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journeymen; provide, 8 that if wage rates higher than those required under the regulations are imposed by the state or local law, nothing hereunder is 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, 000.00. , o. Lead Based Paint. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570. 608, and 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. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning. 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 9 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipient's 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 SUBRECIPIENT shall procure and maintain during the term of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with SUBRECIPIENT'S operation. The cost of such insurance shall be borne by the SUBRECIPIENT. SUBRECIPIENT shall maintain insurance as follows: a. General Liability, $500,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the occurrence limit. b. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, as required by the Labor Code of the State of California and Employers Liability- limits of $1 million per accident. C. CITY, its officers, officials, employees and volunteers are to be covered as insured with respects: liability arising out of premises owned, occupied or used by the SUBRECIPIENT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. d. Any deductibles or self-insured retention must be declared to and approved by the CITY. At the option of the CITY, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the CITY, its officers, officials, employees and volunteers; or the SUBRECIPIENT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense 10 expenses, as all approved by the City Attorney or his designee. e. Coverage shall state that the SUBRECIPIENT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. f. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by mail has been given to CITY. g. Insurance is to placed with insurers with a Best's rating of no less than A:VII. h. SUBRECIPIENT shall furnish the CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City Attorney, or his designee, prior to occupancy of the premises. The CITY reserves the right to require complete, certified copies of all required policies, at any time. i. The SUBRECIPIENT shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from the performance 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. 15. Termination of Agreement CITY 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. 11 16. 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. 17. Project Representation and Notices CITY and SUBRECIPIENT hereby designate the following agents to act as project representatives in the matters dealing with the performance of work under this Agreement and for receipt of all notices: CITY: Douglas R. Ward, Deputy Director Community Development CITY OF ANTIOCH P. 0. Box 130 Antioch, CA 94509 SUBRECIPIENT: Mickie Perez Housing Rehabilitation Coordinator Neighborhood Preservation Program 651 Pine Street, 4th Floor Martinez, CA 94553-0152 12 IN WITNESS WHEREOF, this Agreement is executed by the City of Antioch and by Building Inspection Department of the County of Contra Costa. CITY OF ANTIOCH CONTRA COSTA COUNTY By: By:. D LAS4. WARD MICKIE PEREZ Dep. D' ector Community Dev. Housing Rehabilitation Coor. APPROVED AS TO FORM: APPROVED AS TO FORM: By:i" By: /Z e 41 011A�- WILLIAM R. GALSTAN City Attorney 0 cdbg\93.94\agnnents\neighpre UNTY OF COUTRA COST By: Chair, Board of Supervisors ATTESTED Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: � Deputy 13 ANTIOCH HOUSING REHABILITATION TARGET AREA P:m r. 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I:r,lm,.cm I h.• �1-". .\• `�� ��;���= ' `� .....�.,.`�� u1�=•�,al1 "!1!�J• — ulh:�: j :!171 Il:pt tll n1111a�!:'SY', 'I �---t,�__�� �� 1.- .� .:u,ln ,..nw.,,T.•"111(7T7,..+l�t'1"�'•�•1^� — I� r ,r"'�..r ~ •.? y �, f—"' 111i61b,i,4 •Lo , IhI'' III �.--�•- ` rte¢ f 1 ��♦ •�'^ t _ = IW'S::,i(.,i.il��• �I�(Iiillt!• _111:41 �- •"��. �A_;_ \ .�i �'.� •���..��. :fin!!'L..•.. �1 ':�i;� � � �•�.-.-� ! �"'_ C � •"/ ~��•K HOUSING REHABILITATION - BUDGET 5 Household @ $20,000 each = $100,000 Administrative @ $3 ,500 each = 17 , 500 Total $117,500 Attachment "B"