DATE: March 6, 2018
TO: Board of Supervisors
SUBMITTED BY: David Pomaville, Director, Department of Public Health
Steven E. White, Director, Department of Public Works and Planning
SUBJECT: Retroactive Revenue Agreement for Lead Based Paint Hazard Control Grant Program
RECOMMENDED ACTION(S):
TITLE
1. Adopt resolution approving and authorizing the Director of Public Health’s execution of a retroactive revenue Agreement with the U.S. Department of Housing and Urban Development, Office of Lead Hazard Control and Healthy Homes, for the Lead Based Paint Hazard Control Grant Program 2017, effective January 16, 2018 through January 15, 2021 ($1,360,047).
2. Adopt resolution authorizing the Director of Public Health, or designee, to execute requests for payment and documents necessary to secure Lead Based Paint Hazard Control Grant Program funds from January 16, 2018 through January 15, 2021 and implement the related projects subject to review and approval by County Counsel and the Auditor-Controller/Treasurer-Tax Collector.
3. Authorize the Director of the Department of Public Health, or designee, to execute changes in budget line items up to 10% and without exceeding the annual contract maximum.
REPORT
The revenue agreement was executed and submitted to meet the U.S. Department of Housing and Urban Development (HUD), Office of Lead Hazard Control and Healthy Homes requirements, contingent upon your Board’s approval. The agreement allowed the Department of Public Health (DPH) to accept Lead Based Paint Hazard Control Grant Program (LBPHC) funds ($1,000,000) to support remediation services for the removal of lead-based paint hazards in high-risk houses. The agreement included a 36% County in-kind match ($360,047), funded with Health Realignment. The remediation services will be implemented with assistance from the Department of Public Works and Planning (PWP), with no increase in Net County Cost.
The second and third recommended actions would allow the execution of payment requests to secure grant funding and for adjustments in budget line items, as necessary, up to 10% by the DPH Director. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, the award would be withdrawn and DPH would be unable to provide the lead-based paint hazard remediation services.
RETROACTIVE AGREEMENT:
DPH received notification of the grant award from HUD on November 26, 2017. The revenue agreement was signed by the DPH Director on November 28, 2017, pending your Board’s approval and is retroactive to January 16, 2018.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The revenue agreement will provide $1,000,000 over three years to implement the program and requires a minimum 10% ($100,000) in-kind match to fund the costs associated with the administering the grant. The application included leveraging in-kind services ($1,002,589) in the form of DPH risk assessments and clearance inspections of lead contaminated homes for a total project cost of $2,002,589. However, following the submittal and through contract negotiations with HUD, in-kind services were reduced to $360,047, resulting in a total project cost of $1,360,047.
The administrative time includes a Program Manager at 0.75 full-time equivalent (FTE), and a Project Director at 0.05 FTE. The Program Manager will be an Environmental Health Supervisor (EHS) and the Environmental Health Division Manager (DM) will serve as Project Director. The related salary and benefit costs of the EHS and DM over the three-year term is approximately 36% ($360,047), which will be funded by Health Realignment. Indirect costs at 3% ($30,104) will also be funded with Health Realignment as the grant does not allow indirect cost recovery. Sufficient appropriations and estimated revenues are included in the DPH Org 5620 FY 2017-18 Adopted Budget and will be included in subsequent budget requests for the term’s duration.
DISCUSSION:
On July 11, 2017, your Board retroactively approved DPH’s competitive application for the LBPHC Grant, which provides lead-based paint hazard remediation services to low-income rental and owner-occupied households with children diagnosed with lead poisoning. Services include the removal and/or containment of dangerous lead paint, soil and dust. DPH, in conjunction with PWP’s - Community Development Division’s Affordable Housing Programs will remediate hazards in approximately 65 homes with the funding. The revenue agreement will leverage in-kind funding from DPH in the form of services such as home risk assessments and clearance inspections to ensure properties are lead-safe.
The County ranks second in California with the number of children diagnosed with detectable levels of lead in their blood. Every year, over 20,000 at-risk children are tested for lead poisoning in the County. DPH currently surveils 645 cases, with 37 confirmed and 32 potential children diagnosed with lead poisoning. The LBPHC Grant Program will coordinate with DPH’s Childhood Lead Poisoning Prevention Program to identify eligible participant households.
DPH’s Environmental Health Division (EHD), upon a homeowner’s request, will perform a brief assessment of the home to identify whether detectable levels of lead-based paint and lead hazards are present. Once determined, a more extensive Lead-Based Paint Inspection/Risk Assessment (LIRA) would be performed by a contracted California State Certified Inspector to identify the actual location of the lead contamination. PWP will complete a work plan based on the LIRA, prepare a bid announcement to certified lead abatement contractors, and execute a construction grant between the property owner and their choice of abatement contractor. EHD will conduct clearance inspections and notify PWP when the project passes clearance.
The LBPHC allocation provides Federal funds to assist State, local, territorial, and tribal governments, as authorized under Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992; Public Law 102-550; 42 U.S.C. 4852) and funding was signed into law on May, 5, 2017 through the Consolidated Appropriations Act of 2017 (Public Law 115-31). Lead Hazard Control funding assists states, Native American Tribes, cities, counties/parishes, or other units of local government to identify and eliminate lead-based paint hazards in low- and very low-income private housing where children under six years of age reside or are likely to reside.
The Federal grant/agreement contains provisions that vary from the County’s model contract terms such as requiring the County to participate in informal dispute resolution procedures that may foreclose other legal remedies and authorizing the Federal government to terminate the agreement for cause if the County engages in “unethical activities” which may include County violations of certain Federal statutes/regulations and a failure to report/disclose to the granting agency such violations.
REFERENCE MATERIAL:
BAI #52, July 11, 2017
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Grant Agreement with HUD
On file with Clerk - Resolution
CAO ANALYST:
Sonia M. De La Rosa