City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

REDEVELOPMENT AGENCY AGENDA ITEM NO. 23
Meeting Date: June 26, 2007

Subject/Title: Adopt a Resolution to adopt new Façade Improvement Grant Program, to approve Program Procedural Manual and Agreement, and to authorize and direct Executive Director, Redevelopment Manager or their designees, to take actions and execute such documents necessary to carry out the Program, and to make non-substantive revisions to the Procedural Manual and Program Documents.

Prepared by: Donald Kwong, Senior Redevelopment Analyst

Submitted by: Howard Sword, Deputy Director


RECOMMENDATION
Adopt a Resolution to adopt new Façade Improvement Grant Program, to approve Program Procedural Manual and Agreement, and to authorize and direct Executive Director, Redevelopment Manager or their designees, to take actions and execute such documents necessary to carry out the Program, and to make non-substantive revisions to the Procedural Manual and Program Documents for Program effectiveness.

PREVIOUS ACTION
On March 5, 2005, the Redevelopment Agency, by resolution, adopted the Five-Year Implementation Plan for the Merged Brentwood and North Brentwood Redevelopment Projects (“Five-Year Plan”). The Five-Year Plan set forth an Agency goal to renew and create economic stimulation within the Downtown.
.
On November 16, 2005, the City Council adopted the Downtown Specific Plan. The Downtown Specific Plan set forth the primary objective to coordinate public and private investment, and to guide growth and change in the Downtown to preserve and enhance the Downtown as a district.

On December 13, 2005, the City Council adopted the Downtown Specific Plan Action Plan. The Action Plan provides a mechanism to coordinate the implementation, financing and timing of actions for the efficient uses of resources and create the conditions that will support the growth and development of the Downtown under the Downtown Specific Plan.

On November 16, 2006, the Economic Development/Redevelopment Subcommittee (now known as the Land Use & Development Subcommittee) provided comments on the proposed Facade Improvement Grant Program, and directed staff to finalize the Program specifics, and recommends approval of the Program.

BACKGROUND
The Brentwood Redevelopment Agency is charged with encouraging “the expansion of local commercial, retail, industrial and residential opportunities” within the City of Brentwood.

Brentwood Redevelopment Agency’s Five-Year Implementation Plan (“Plan”) sets out goals and objectives for the Agency; identifies programs, projects and priorities; identifies financing methods to achieve the goals and objectives; and addresses incentives for reinvestment and revitalization of commercial developments in the Merged Project Areas.

The Downtown Specific Plan guides growth and change in the Downtown to ensure it evolves to embody the community’s vision for a vibrant, active, and beautiful City district that continues to play an essential role in the daily lives of the City’s residents. The Plan is established to preserve Downtown’s role as an indispensable hub for the types of services, conveniences, experiences, and lifestyle choices that are not found elsewhere within the City and are fundamental to the long-term health of the Brentwood community.

Program Parameters
The Program is designed to provide properties within the Downtown Specific Plan with matching grant funds to address façade improvements. Similar façade improvement grant programs are offered by many redevelopment agencies throughout California.

The proposed Program’s eligibility includes the following requirements:
• Owner or tenant of legal, conforming commercial business located within the Downtown Specific Plan
• Building may not have any code violations.
• Business must have a current City business license.

The maximum grant amount is based upon the linear footage as shown below:
Linear Feet of Façade Maximum Agency Grant for 67% of Costs Minimum Owner/Tenant Portion of 33% of Costs
25’ or less $10,000 $5,000
26’ to 50’ $15,000 $7,500
51’ or more $20,000 $10,000

Eligible repairs include, but are not limited to:

• Exterior painting
• Decorative or architectural treatments
• New, repaired or refinished stucco, wood, stone, brick, metal, tile or other exterior building materials
• Signage
• Awnings, canopies or other sun control devices
• Exterior lighting
• Landscaping directly related to the exterior of the building
• Repair/replacement of doors or windows visible from public view

After determining eligibility, grant application approval, and submittal by the applicant of a planning application, a Project Planner will be assigned. Planning will review the planning application for completeness and schedule the proposed façade improvements for approval (including Planning Commission approval if necessary).

Work must be authorized by Agency staff before the start of work in order to qualify for reimbursement. The owner/tenant will hire the contractor to perform the approved scope of work, and no Agency funds will be dispersed as reimbursement to applicant until the contractor is paid and the completed work passes an inspection.

Staff will communicate the availability of the Program through various business related community resources and organizations, such as Brentwood Chamber of Commerce.

Funding Source
The funding source for this Program will be the Agency’s Administration and Projects Fund. Staff anticipated the possibility that this Program would be approved and included $125,000 in the Agency’s 2007-08. Current staffing levels in the Redevelopment Division are sufficient to administer this Program.

Prevailing Wages
Staff is recommending this Program require prevailing wages be paid by contractors. The law is still developing on prevailing wage issues, and staff recommends this Program require contractors to comply with all applicable local, state and federal laws and regulations in performance of work paid from this Program including labor standards and prevailing wages.

Recommendation
Adopt a Resolution to adopt a new Facade Improvement Grant Program, to approve the Program Procedural Manual and Agreement, and authorize and direct the Executive Director, Redevelopment Manager or their designees, to take such further actions and execute such documents as are necessary to carry out the Facade Improvement Grant Program, and to make non-substantive revisions to the Procedural Manual and Program Documents for Program effectiveness.

FISCAL IMPACT
The Facade Improvement Grant Program shall be funded by the Redevelopment Agency’s Administration and Projects Fund 301 with $125,000 for 2007-08 fiscal year. The City’s General Fund shall not be used for this Program.


Attachments:
1. Resolution
2. Program Procedural Manual (Exhibit A)
3. Program Agreement (Exhibit B)
















RESOLUTION NO. RA-


A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD ADOPTING ITS NEW FACADE IMPROVEMENT GRANT PROGRAM, APPROVING THE PROGRAM PROCEDURAL MANUAL AND AGREEMENT, AND AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR, REDEVELOPMENT MANAGER OR THEIR DESIGNEES, TO TAKE SUCH FURTHER ACTIONS AND EXECUTE SUCH DOCUMENTS AS ARE NECESSARY TO CARRY OUT THE FACADE IMPROVEMENT GRANT PROGRAM, AND TO MAKE NON-SUBSTANTIVE REVISIONS TO THE PROCEDURAL MANUAL AND PROGRAM DOCUMENTS FOR PROGRAM EFFECTIVENESS

WHEREAS, the Redevelopment Agency of the City of Brentwood (“Agency”) approved and adopted its Five-Year Implementation Plan (“Implementation Plan”) for the Merged Brentwood and North Brentwood Redevelopment Projects (“Merged Project Areas”), on March 8, 2005 by Resolution No. RD-97; and

WHEREAS, the City of Brentwood (“City”) approved and adopted a Downtown Specific Plan (“Specific Plan”) for the Downtown on November 16, 2005; and

WHEREAS, the Specific Plan and Implementation Plan contain specific economic goals and objectives for the Downtown, contain specific economic programs to achieve the goals and objectives, contains estimated expenditures for each proposed program; and

WHEREAS, a component of the Downtown Specific Plan Action Plan’s goals was to create a Facade Improvement Grant Program, and in order to implement the Implementation Plan, the Facade Improvement Grant Program component has been designed to provide commercial owners or tenants of businesses within the Downtown Specific Plan with matching grant funds to address façade improvements; and
WHEREAS, the Façade Improvement Grant Program will assist in the elimination of blighting conditions inside the Downtown Project Area by stimulating private investment in high-quality building improvements that contribute to the overall strength of Downtown. Through this Program, the Agency will share the costs of improving building exteriors, thereby promoting joint public/private action and investment, which will complement and enhance Downtown revitalization efforts.
WHEREAS, the Façade Improvement Grant Program will have a significant benefit to the Downtown Project Area. This finding is based on the fact that the improvements to building facades will upgrade and improve existing aged and deteriorated buildings and building systems, and will benefit not only the Downtown Project Area but the community as a whole.
WHEREAS, Agency staff have worked to design and draft a Facade Improvement Grant Program Administrative Procedures manual (the "Procedural Manual") that describes the procedures necessary to implement the Program; an owner/tenant agreement (“Participation Agreement”); and general administrative documents necessary to implement and administer the Program such as the grant application (“Program Documents”); and

WHEREAS, the purpose of the Procedural Manual, Participation Agreement and Program Documents is to provide uniform procedures, administration and documents for use by Agency staff and the public and to ensure consistency and clarity in the implementation of the Facade Improvement Grant Program; and
WHEREAS, the Economic Development/Redevelopment Subcommittee have reviewed and commented on the proposed Facade Improvement Grant Program and recommended its approval; and
WHEREAS, the Agency desires to adopt the proposed Facade Improvement Grant Program, which assists owner/tenants of commercial properties located within the City of Brentwood’s Downtown Specific Plan with matching grant funds to address façade improvements.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD DOES HEREBY RESOLVE AS FOLLOWS:
1. Adopts the Facade Improvement Grant Program.
2. Approves the Program Procedural Manual, attached hereto as Exhibit A, and related Program documents.
3. Approves the Façade Improvement Program Agreement, attached hereto as Exhibit B.
4. Authorizes and directs the Executive Director, Redevelopment Manager or either 's designee to employ the Procedural Manual in the implementation of the Facade Improvement Grant Program; to execute the Façade Improvement Program Agreement and any documents necessary to implement the terms and provisions of the Facade Improvement Grant Program, and to make any non-substantive revisions to the manual, agreement or implementing documents approved by the Executive Director in consultation with the Agency Counsel that are consistent with the intent of the approved Program.
5. Further authorizes the Executive Director, Redevelopment Manager, or either’s designee to take all other actions necessary to administer the Program, including the revision, preparation and execution of other implementing Program Documents.

PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Brentwood at a regular meeting held on the 26th day of June 2007 by the following

Exhibit A





REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD




FAÇADE IMPROVEMENT GRANT PROGRAM
PROCEDURAL MANUAL




AGENCY BOARD OF DIRECTORS

BOB TAYLOR, CHAIR

CHRIS BECNEL ROBERT A. BROCKMAN
BRANDON RICHEY ERICK STONEBARGER



PROGRAM MANAGEMENT

DONNA LANDEROS, EXECUTIVE DIRECTOR
HOWARD SWORD, DEPUTY DIRECTOR
GINA ROZENSKI, REDEVELOPMENT MANAGER
DONALD KWONG, SENIOR REDEVELOPMENT ANALYST
PEGGY TRUDELL, SENIOR REDEVELOPMENT TECHNICIAN




BOARD APPROVAL: JUNE 26, 2007
TABLE OF CONTENTS
PAGE
I. INTRODUCTION TO PROGRAM 1

II. ADMINISTRATION 1
A. Summary of Responsibilities 1

III. PROGRAM TERMS 4
A. Maximum Grant Amount 4
B. Eligible Participants ` 4
C. Eligible Properties 4
D. Eligible Activities 5
E. Ineligible Items 5
F. Eligible Façade Improvement Costs 5
G. Limit to Costs of Improvements ` 5
H. Prevailing Wages 6
I. Participation Agreement 6

IV. FACADE IMPROVEMENT APPROVALS AND STANDARDS 6

V. APPLICATION PROCEDURE 6
A. Initial Screening 6
B. Application Intake 7

VI. ELIGIBILITY DETERMINATION 7
A. Project Selection 7
B. Verification Requirements 7
C. Applicant Notification of Agency Action 8

VII. NOTICE TO PROCEED AND CONTRACTOR SELECTION 8
A. Agreement Execution 8
B. Notice to Proceed 8
C. Contractor Selection 8

VIII. PROJECT MANAGEMENT 9
A. Inspection Procedures 9
B. Payments ` 9
C. Change Orders 9
D. Monitoring Requirements 9
E. Closeout 9

IX. APPEALS PROCEDURE 9

X. PROGRAM EVALUATION AND AUDIT PROCEDURES 10
A. Evaluation by Program Participants 10
B. Annual Audit 11

SECTION I

INTRODUCTION TO PROGRAM

The purpose of this manual is to provide a reference guide for the Redevelopment Agency of the City of Brentwood (Agency) staff and others interested in the standard procedures for processing, supervising and monitoring grants under the Agency’s Façade Improvement Grant Program (Program). Annual Program allocation shall be determined pursuant to the Agency’s budget process, available funds, and in conformance with the Agency’s Five Year Implementation Plan.

Program Objectives

The Program is designed to eliminate blight and stimulate private investment in high-quality building improvements that contribute to the overall strength of Downtown. Through this program, the Agency will share the costs of improving building exteriors, thereby promoting joint public/private action and investment, which will complement and enhance Downtown revitalization efforts. All façade improvements must be consistent with the City of Brentwood Downtown Specific Plan (adopted November 16, 2005).

General Description

Grants are available for owners and tenants in the area designated by the Downtown Specific Plan for façade improvement.

After determining eligibility for the Program and submittal by the applicant of a planning application, a Project Planner will be assigned. They will review the planning application for completeness and schedule the proposed façade improvements for approval (including Planning Commission approval if necessary). Work must be authorized by Agency staff after execution of the Program agreement and before the start of work in order to qualify for reimbursement.

The Agency may choose to outsource any and all functions of the program.

Scope of Guidelines

The scope of these guidelines is limited to Façade Improvement projects funded by Agency funds.

SECTION II

ADMINISTRATION

The Agency staff administers the Program, and the determination of the Agency’s Deputy Director is final on all matters related to the functions of the Program and the decisions by Program staff.
A. SUMMARY OF RESPONSIBILITIES

The following is a brief synopsis of the administrative functions for the Program. Listed under each activity is a general description of what the activity entails and who is responsible for the completion of the activity.

Activity Responsibility

INITIAL CONTACT Program Staff

1. Outreach development, implementation and
associated functions.

2. Initial contact with applicant.

3. Add applicants to waiting list, if any.

QUALIFICATION OF APPLICANT(S)

1. Completed application package submitted. Applicant

2. Determination of applicant and property Program Staff
qualifications according to Program’s eligibility
criteria and guidelines.

3. Advise applicant of grant approval or disapproval. Program Staff

DETERMINATION OF PROJECT VIABILITY

1. Review proposed façade improvements for City Planning Division
compliance with Downtown Specific Plan
and design standards .

2. Approve design review application by the Planning City Planning Division
Commission or staff, whichever is appropriate.

3. Execute \Agreement Applicant and Agency

FAÇADE IMPROVEMENT

1. Notice to proceed. Program Staff

2. Contractor(s) to perform work selected Applicant

3. Contractor obtains necessary permits, as required. Contractor

4. Contractor begins and completes work. Contractor

5. Site inspection to determine acceptability and City Building Inspector
completion of work. And City Planning Division


Activity Responsibility

PAYMENT AUTHORIZATION

1. Participant(s) submit invoices and proof of payment. Applicant

2. Planning and Building Inspection are contacted Program Staff
to confirm work completion and satisfaction.

3. Grant payment authorization approval. Program Staff

4. Grant payment remitted to participant. Program Staff
\
PROJECT CLOSEOUT Program Staff

1. Evaluation form provided to applicant.

2. Evaluation form received and results tabulated.



SECTION III

PROGRAM TERMS

A. MAXIMUM GRANT AMOUNT

Funds are provided on a first-come, first-serve basis following receipt of a completed application and Agency staff determination of eligibility. Eligible property owners and/or tenants who propose façade improvements can apply for a grant of up to 67% of the improvement costs. The maximum grant amount is based upon the linear footage as shown below:

Linear Feet of Façade Maximum Agency Grant for 67% of Costs Minimum Owner/Tenant Portion of 33% of Costs Project Cost
25’ or less $10,000 $5,000 $15,000
26’ to 50’ $15,000 $7,500 $22,500
51’ or more $20,000 $10,000 $30,000
Any expenditure which exceeds the grant amount shall be the sole responsibility of the applicant(s). Approved grant amount shall be paid to Applicant upon verification that approved improvements are complete and paid in full.

B. ELIGIBLE PARTICIPANTS

Applicants must own the commercial property to be improved, be tenants (see below) of a commercial property or hold a master lease for commercial property within the Downtown Specific Plan area. All business(es) within the building must have a current City business license.

If a tenant applies, s/he must include a copy of the lease agreement and a letter from the property owner allowing the tenant to make the proposed building and site modifications. Tenants will be required to verify that they have at least three years remaining on the property lease. If tenant is accepted to the Program, the property owner will be required to co-sign a participation agreement and the design review application.

C. ELIGIBLE PROPERTIES

Storefront must be on the ground floor and be located within the area designated by the Downtown Specific Plan. Corner lot buildings and buildings with frontage on both a qualifying and non-qualifying street are eligible for grant improvements of façades along both streets.

Legal, conforming businesses as determined by the Downtown Specific Plan must be located in at least 75% of the ground floor of an eligible building.

The Applicant must verify that there are no code enforcement actions currently active against the building or the business or that work undertaken in conjunction with the improvement project will incorporate mitigation of code violations but not part of any grant request.

Vacant buildings are eligible only with proof of a contracted, incoming tenant.

No tenant or building façade will qualify for a grant more than once in five years.

D. ELIGIBLE ACTIVITIES

The following improvements are eligible for reimbursement through the Façade Program for an eligible participant and building:

1. Exterior painting
2. Decorative or architectural treatments
3. New, repaired or refinished stucco, wood, stone, brick, metal, tile or other exterior building materials
4. Signage
5. Awnings, canopies or other sun control devices
6. Exterior lighting
7. Cleaning of masonry
8. Re-caulking
9. Landscaping directly related to the exterior of the building
10. Repair/replacement of doors or windows visible from public view

E. INELIGIBLE ITEMS

These items are not eligible for grant funds but may be undertaken as part of the applicant’s total improvement project at the applicant’s expense.

1. Removal of illegal improvements.
2. Routine maintenance, cleaning or repair costs
3. Security systems
4. Structural repairs
5. Other items as deemed inappropriate by the Agency under the criteria set forth herein.




F. ELIGIBLE FAÇADE IMPROVEMENT COSTS

Hard Costs: Actual façade improvement costs (labor and materials) associated with Eligible Activities described in Section III. D.

Soft Costs: Architectural design costs, design review fees, building permits, plans and drawings in an amount not to exceed $2,500. All applicable city fees must be paid by applicant prior to reimbursement.

G. LIMIT TO COST OF IMPROVEMENTS

The extent of façade improvements made to a structure is dependent on both the general availability of Program funds and the established grant limits. In instances where the cost of repairs exceed the funding permitted under the Program, the execution and cost of completing work items beyond what is addressed by the Program is the sole responsibility of the participant(s). The Program shall be removed from all responsibility to address work items beyond what is afforded directly with Program funds.

H. PREVAILING WAGES

The Program requires contractors to comply with all applicable local, state and federal laws and regulations in performance of work paid from this Program including labor standards and the payment of prevailing wages to all contractors performing work pursuant to this Program.

I. PARTICIPATION AGREEMENT

Applicants for assistance shall be required to execute an agreement after approval of the design review application by the City Planning Division or Planning Commission and prior to the start of work. The purpose of the Agreement is to state the terms and conditions of the matching grant, and to release the Agency from all responsibilities arising from or in consequence to the grant and improvements.


SECTION IV

FAÇADE IMPROVEMENT APPROVALS AND STANDARDS

All applicants are must take their projects through the design review process as prescribed by the City Planning Division.

The property façade improvement standards to be used as guidelines for this program shall consist of:

• The City of Brentwood Downtown Specific Plan (including adherence to the five approved architectural designs for commercial buildings).

• The City of Brentwood Building, Electrical, Mechanical, Plumbing, Fire and Housing Codes.

• The City of Brentwood Zoning Ordinance.


SECTION V

APPLICATION PROCEDURE

A. INITIAL SCREENING PROCEDURE

Upon contact by a potential applicant, Program staff will conduct an applicant screening process by telephone, electronically or in person. The applicant screening process will enable an initial determination to be made regarding eligibility of the business, the property, and the desired façade improvement activities.

During the initial screening, Program Staff shall:

1. Determine if an interpreter is needed;
2. Request cursory information from the potential applicant to determine preliminary eligibility of the business, the property, and the desired improvements;
3. Explain to the potential client what the successive steps of the application and façade improvement processes, how long they take, and what the owner's role is in each;
4. Inform the applicant that there is no guarantee of approval for their grant application;
5. Inform the owner that construction cannot begin until a Notice to Proceed is issued;
6. Ask the potential client to meet with City Planning Staff to start the design review process, including the client’s submittal of a design review application.

B. APPLICATION INTAKE

Agency staff will assist applicants with completing and submitting their grant application to the Program.

a) The application is logged in, date stamped, assigned a client number.
b) The application will be reviewed for completeness and any deficiencies will be noted. Based on application, Program staff shall determine eligibility for the desired façade improvement activities.
c) A phone call shall be made to the applicant advising of eligibility approval and next steps, or requesting the need for additional information or eligibility verifications required (See Section VI - Eligibility Determination).

SECTION VI

ELIGIBILITY DETERMINATION

A. PROJECT SELECTION

In general, persons seeking Program grants will be processed on a first-come, first-served basis.

Upon initial review by Program staff of the owner/tenant(s) and project qualifications and a preliminary feasibility determination, the project will be processed by Program staff in order of date of completed application. When approved Program funds are exhausted for the year, applications will be put on a waiting list for the following year’s Program funds. Only the Agency Board of Directors may amend the Program’s annual allocation.

B. VERIFICATION REQUIREMENTS

The Program staff will review applications for the following basic information:

1. Property Ownership
2. Lease Agreement (Tenants Only)
3. Proposed Façade Improvement
4. Façade Improvement Cost Estimate
5. Other Relevant Project Information; such as photos, building size, maps, etc.

These documents shall be obtained to verify eligibility and adherence to the grant approval process and committed to each grant file:

C. APPLICANT NOTIFICATION OF AGENCY ACTION

1. A phone call shall be made to the applicant advising of eligibility approval and next steps.
2. Applicants that do not receive approval shall receive a written notification of the decision regarding the application and a statement of the appeals process.

Decisions to deny funding to projects may be appealed (see Section IX APPEALS PROCEDURE).

SECTION VII

NOTICE TO PROCEED AND CONTRACTOR SELECTION

A. AGREEMENT EXECUTION

Following the approval of the design review application for the proposed façade improvements, the Applicant shall execute an Agreement prior to proceeding with any improvements. The Participation Agreement shall state applicable terms and conditions as required by California Redevelopment Law, such as nondiscrimination. Agreement shall also indemnify the Agency from all responsibilities arising from or in consequence to Agency’s participation in the Program.

B. NOTICE TO PROCEED

Upon the execution of the Agreement, a Notice to Proceed shall be issued by Program staff to the Applicant. The Notice to Proceed shall include the following:

1. Description of project’s eligible façade improvements covered under the Program
2. Any additional work outside of approved façade improvements shall not be considered for reimbursement.
3. Explain that no additional work is to be performed;
4. Emphasize contractor responsibility for purchasing permits and calling for inspections; and
5. Reminder that work performed is subject to prevailing wage.

C. CONTRACTOR SELECTION

Participant(s) are responsible for the selection of contactor(s) to perform the approved façade improvements.

The contractor should provide a warranty for their work and all manufacturers’ warranties. Projects in the Façade Program are required to pay prevailing wage.\


SECTION VIII

PROJECT MANAGEMENT

A. INSPECTION PROCEDURES

1. Upon completion of work, contractor and/or owner/tenant shall make arrangements for the façade improvements to be inspected by the City Building Inspector for compliance with applicable building codes.
2. City Building Inspector shall verify with Program staff that the Building Department has completed its final inspections.
3. City Planning Division shall verify with Program staff that the façade improvements adhere to approved design.
4. The project file will include a record of all inspections and any findings.

B. PAYMENTS

1. Owner/Tenant submits a request for grant funds to Program Staff attaching itemized bills & invoices, and proof of payment of all work performed.
2. After review of the grant funds request and verification of expenses, a disbursement request is prepared by Program staff.
3. Disbursement of grant funds is issued to the Owner/Tenant.

C. CHANGE ORDERS

No changes may be made in the Work Scope after approval unless by the Planning Division.

D. MONITORING REQUIREMENTS

The Program staff shall monitor compliance with the terms of the Grant Program requirements through out the project period.

E. CLOSEOUT

Upon issuance of grant funds, Program staff shall review grant files for complete conformance to standards required by the Program.

SECTION IX

APPEALS PROCEDURE

Objections by the applicant to policy, procedure or method of operation will be handled in the following manner:

Disputes on matters related to aspects of eligibility between the applicant and Program staff will be administered by the following procedure:

a. Applicant submits written appeal within fifteen calendar days following notification of the Program staff’s decision regarding their application. Request of appeal should state over-riding reasons to amend the earlier decision;

b. Applicant will be notified in writing within seven calendar days of the Program staff’s decision on the appeal;

c. If applicant contests the decision on appeal, the matter will be reviewed by the Agency’s Deputy Director. For the purposes of administrative remedies, the Deputy Director will render a final decision on the issues of eligibility under appeal.

The Agency shall not be involved in general disputes on matters related to aspects of construction between the owner and the contractor.

General disputes involving applicants and the Program staff after acceptance into the Program shall be handled as follows:

a. Applicant shall make all reasonable effort to work with Program staff to resolve any dispute.

b. If the matter cannot be resolved between applicant and Program staff, a meeting will be held at the Redevelopment Agency offices between the Redevelopment Manager or designee in an effort to reach an agreement;

c. If the dispute remains unresolved, the matter will be referred to the Agency’s Deputy Director, who will attempt to facilitate a reasonable accord for final resolution.

Failure to properly file a written appeal within time frame allowed for eligibility and construction matters shall constitute a waiver of owner’s right to the appeals process.

SECTION X

PROGRAM EVALUATION AND AUDIT PROCEDURES

A. EVALUATION BY PROGRAM PARTICIPANTS

Program performance will be monitored and evaluated. Project participants will be given an evaluation form for rating services provided under the Program. Overall Program performance will be evaluated based on timely implementation of the Program and progress towards any established milestones. Program evaluation forms shall be included with each project file. Results of the project evaluations will be reported to the Agency Board of Directors on an annual basis.

B. ANNUAL AUDIT

Brentwood Redevelopment Agency adheres to State approved standard audit procedures on an annual basis. Audit reports, prepared by certified public accountants, provide a public record of expenditures and summary of findings and recommendations.

Exhibit B

Agency Grant Amount $XX,XXX
Grantee Matching Funds Grant XX,XXX
Total Project $XX,XXX
FAÇADE IMPROVEMENT GRANT AGREEMENT
THIS FAÇADE IMPROVEMENT GRANT AGREEMENT ("Agreement") dated as of this day of , 200__, the date of execution by the Agency (the “Effective Date”) is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD, a public body corporate and politic ("Agency"), (“Owner"), and . (“Tenant”) [if applicable]. Owner and Tenant shall be collectively referred to as “Grantee”.
R E C I T A L S
A. The purpose of this Agreement is to effectuate the merged Redevelopment Plan for the North Brentwood Redevelopment Project and the Brentwood Redevelopment Project (the “Merged Project”) by providing for the improvement of the façade of certain real property located at , Brentwood CA (the “Site”), and within the boundaries of the Downtown Specific Plan.
B. Agency desires to enter into this Agreement because improvement of the Site will help to eliminate blight in the Merged Project area, encourage full occupancy of storefronts within the Merged Project area, generate additional tax revenue and assist in providing an environment for the social, psychological and economic growth and well-being of the citizens of the City of Brentwood (the “City”).
C. Grantee has submitted an application to the Agency to participate in the Façade Improvement Grant Program, and Agency has determined that Grantee and the Site meet the eligibility criteria for the program.
D. Grantee desires to enter into this Agreement with Agency to receive assistance in making certain improvements to the Property, and Agency is willing to do so on the terms and conditions set forth in this Agreement.
A G R E E M E N T
NOW, THEREFORE, Agency and Grantee hereby agree as follows:
1. IMPROVEMENT OF THE SITE

1.1 Scope of Work. Grantee shall construct and install the façade improvements in accordance with the Scope of Work attached hereto as Exhibit 1 and the schematic drawings, plans and documents submitted to and approved by the City as Design Review DR-[insert number] on [insert date] (the “Work”).
1.2 Façade Improvement Grant Funds. The Agency agrees to reimburse to the Grantee a sum not to exceed $XX,XXX for Work, including up to $2,500 to reimburse the costs of any and all required permits and costs for architectural design, plans and drawings (the “Maximum Grant Amount”), as set forth below:

a. All services to be performed by a third party contractor shall be the subject of agreement between Grantee and the third party contractors. The Agency shall not assume any liability for such agreements. The Grantee shall submit to the Agency the invoices from the contractor who performed the work, together with the contractors’ completion notice as signed by the contractor and approved by the Grantee.

b. All invoices, contractor’s completion notices and proof of payment by Grantee shall be submitted to the Agency.

c. A representative of the Agency shall inspect the completed work within five working days after receipt of the contractor’s invoice and completion notice.

d. Upon determination by the Agency's representative that the work has been completed in conformance with the Scope of Work (Attachment No. 1) and the City approvals, the Agency shall issue a check made payable to the Grantee in an amount equal to the lesser of the Maximum Grant Amount or the amount of the invoices.

e. Any and all costs of the Work, which are in excess of the Maximum Grant Amount, shall be the sole responsibility of and be borne by the Grantee.

1.3 Permits and Approvals. Before commencement of the Work, Grantee shall secure or cause to be secured any and all permits which may be required by the City and any other governmental agency affected by such construction or work.

1.4 Commencement of the Work. Within 30 days after the Effective Date, Grantee shall have selected and authorized one or more contractors to perform the Work. In the event the Grantee fails to select and authorize a contractor or contractors to perform the Work within such 30-day period, the Agency may, at its option, terminate this Agreement upon written notice to the Grantee. In such event, neither party shall have any further rights against or liability to the other in connection to this Agreement. Contractors performing the Work must be licensed in the State of California.

1.5 Completion of the Work. Grantee shall complete the Work and satisfy all other obligations and conditions of this Agreement within 120 days of building permit issuance. This completion date is subject to revision from time to time as mutually agreed upon in writing between Grantee and Agency's Executive Director, or her designee.
1.6 Insurance Requirements. Grantee shall take out and maintain or shall cause its contractor to take out and maintain, a commercial general liability policy with a combined single limit of not less than One Million Dollars ($1,000,000) for injury to or death of one or more persons in any one accident or occurrence and property damage in any one accident or occurrence, and an aggregate limit of not less than Two Million Dollars ($2,000,000), as shall protect Grantee, City and Agency from claims for damages associated with the Site and the Work. Such policy or policies shall be written on an occurrence form. Grantee or its contractor shall furnish or cause to be furnished to Agency evidence satisfactory to Agency that Grantee and any contractor with whom it has contracted for the Work or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. Companies writing the insurance required by this section shall be licensed to do business in the State of California. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. The commercial general liability policies shall name the City and Agency and their respective officers, agents, employees, and representatives as additional insureds. Grantee shall furnish Agency with a certificate of insurance evidencing the required insurance coverage and a duly executed endorsement evidencing such additional insured status prior to commencement of the Work. The certificate shall contain a statement of obligation on the part of the carrier to notify City and Agency of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination.

1.7 Prevailing Wages. Grantee shall require any contractors performing the Work to pay prevailing wages pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of this Agreement, prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification, or type of worker employed on the project.

The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractors or subcontractors in connection with the Work. The payroll records shall be kept in accordance with the provisions of Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with requirements of such Section 1776.

1.8 Rights of Access. Representatives of the Agency shall have the reasonable right to access to the Site, without charges or fees, for the purposes of inspecting the Work. Agency (or its representatives) shall, except in emergency situations, give Grantee reasonable advance notice prior to exercising its rights herein. Nothing herein shall be deemed to limit the ability of the City to conduct code enforcement and other administrative inspections of the Site in accordance with applicable law.

1.9 Compliance With Laws; Indemnity; Waiver. Grantee shall carry out the work of Improvements in conformity with all applicable federal, state and local laws, including Labor Code requirements; City zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

Grantee shall defend (with counsel reasonably acceptable to Agency), indemnify and hold harmless Agency and the City and its and their officers, employees, volunteers, agents and representatives from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs of the counsel or joint-counsel retained by Grantee to defend Agency and City) (collectively, "Claims"), arising out of or in any way connected with Grantee's obligation to comply with all laws with respect to the Work, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781.

Grantee hereby waives, releases and discharges forever Agency and the City, and its and their employees, officers, volunteers, agents and representatives, from any and all present and future Claims arising out of or in any way connected with Grantee's obligation to comply with all laws with respect to the Work.

1.10 Nondiscrimination during Construction. The Grantee, for itself and its successors and assigns, agrees that in selecting one or more contractors to perform the Work, the Grantee will not discriminate on the basis of race, color, creed, religion, sex, age, handicap, marital status, ancestry or national origin.

2. MAINTENANCE COVENANTS. The Grantee covenants and agrees, for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that the Grantee will maintain, at Grantee's own cost and expense, the improvements on the Site in a clean and orderly condition, free of graffiti, and in good condition and repair, and will keep the Site free from any accumulation of debris and waste materials. Any damage to the building visible from the street is to be repaired immediately. The Grantee shall promptly touch up painted areas and perform any other repairs needed to maintain an attractive building appearance, including cleaning all awnings, if any, at least once a year. The foregoing covenants shall remain in effect for a period of 60 months from the completion of the Work. During this 60-month period, Grantee agrees, for itself, its successors, its assigns and every successor in interest, that it will not materially alter the façade, as improved with Agency funds, without the prior written consent of Agency which consent may be conditioned by Agency to preserve façade features to the extent necessary to achieve the objectives of Agency for entering into this Agreement. Any violation of this section shall entitle Agency to reimbursement of the funds granted by Agency from the person or entity responsible for the violation.

3. GENERAL PROVISIONS

3.1 No Assignment. Grantee may not transfer or assign any or all of its rights or obligations under this Agreement and any attempted assignment shall be wholly void and of no effect.

3.2 Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either party may desire to give to the other party under this Agreement must be in writing and shall be given by certified mail, return receipt requested and postage prepaid, personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.

To Agency: Redevelopment Agency of the City of Brentwood
150 City Park Way
Brentwood, CA 94513
Attention: Executive Director

To Grantee: [insert Owner Name]


Attention:

And

[insert Tenant Name]


Attention:

Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party.
3.3 Relationship Between Agency and Grantee. It is hereby acknowledged that the relationship between Agency and Grantee is not that of a partnership or joint venture and that Agency and Grantee shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, Agency shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Site or the Work. Grantee agrees to indemnify, hold harmless and defend Agency from any claim made against Agency arising from a claimed relationship of partnership or joint venture between Agency and Grantee with respect to the development, operation, maintenance or management of the Site or the Work.

3.4 Integration. This Agreement contains the entire understanding between the parties relating to the transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect.

3.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party.

3.6 Conflicts of Interest. No member, official or employee of Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested.

3.7 Grantee's Indemnity. Grantee shall indemnify, defend (with counsel reasonably acceptable to Agency), protect and hold Agency and City, and its and their officers, employees, agents and representatives, harmless from, any and all Claims of any kind or nature arising out of the Work or this Agreement or the implementation hereof, including, but not limited to, any damages to property, injuries to persons or accidental death (including reasonable attorneys fees and costs), which may be caused by the Work or any activities associated with the Work, whether such activities or Work is performed by Grantee or by anyone directly or indirectly employed or contracted with by Grantee. Grantee's indemnity obligations under this section shall survive termination of this Agreement. Grantee's indemnity obligations under this section shall not extend to claims, demands, damages, defense costs or liability for property damage, bodily injury or death occasioned by the sole negligence or willful misconduct of Agency or the City, or its or their officers, employees, agents or representatives.

3.8 Non-liability of Officials and Employees of Agency. No member, official or employee of Agency or the City shall be personally liable to Grantee, or any successor in interest, in the event of any default or breach by Agency (or the City) or for any amount which may become due to Grantee or its successors, or on any obligations under the terms of this Agreement.

3.9 Applicable Law. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

3.10 No Third Party Rights. This Agreement is made and entered into solely for the benefit of the Agency, City and Grantee and no other third party shall have any right of action under this Agreement.

3.11 Disclosure of Documents. Grantee acknowledges that the Agency is subject to the provisions of the California Public Records Act and that any information submitted to the Agency may be disclosed to the extent required by law.

3.12 Joint and Several Liability. Owner and Tenant are jointly and severally liable for any Claims arising out of this Agreement.

3.13 Termination. In addition to Agency’s right to terminate under section 1.4, either party may terminate this Agreement upon written Notice to the other in the event that the other party fails to comply with its obligations under this Agreement.

[Signatures follow on next page]

IN WITNESS WHEREOF, Agency and Grantee have executed this Agreement on the respective dates set forth below.






Dated:
AGENCY:

REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD, a public body, corporate and politic

By:
Donna Landeros, Executive Director

ATTEST:


Margaret Wimberly, Secretary


APPROVED AS TO FORM:


Damien Brower, Agency Counsel






Dated:



Dated:


OWNER:

[insert Entity name], a

By:

Its:

By:

Its:





Dated:



Dated:


TENANT:

[insert Entity name], a

By:

Its:

By:

Its:



EXHIBIT NO. 1
SCOPE OF WORK
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov