HomeMy WebLinkAboutCDC/2001-11
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RESOLUTION NO: CDC/2001-11
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING (1) THE AMENDMENT NO. 2 TO THE AGREEMENT
BETWEEN NEIGHBORHOOD HOUSING SERVICES OF THE INLAND
EMPIRE, INC., AND THE REDEVELOPMENT AGENCY, DATED
SEPTEMBER 7, 1999 INCREASING THE AGENCY HOUSING FUNDS
TO $1.2 MILLION ANNUALLY FOR THREE YEARS, SUBJECT TO
FUNDING AVAILABILITY; MAKING CERTAIN PROGRAM
REVISIONS; AND (2) AUTHORIZING AND DIRECTING THE AGENCY
EXECUTIVE DIRECTOR TO EXECUTE SAID AMENDMENT NO.2.
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THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHAL
OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOE
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
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SECTION 1. The Executive Director of the Redevelopment Agency ("Agency") is
hereby authorized and directed to execute on behalf of said Agency the Amendment No.2 to the
Agreement between the Agency and Neighborhood Housing Services of the Inland Empire Inc.,
(NHS) dated September 7, 1999, and as subsequently be amended, ("Amendment No. I") in
order to make certain changes to the program description and to allocate the additional sum of
$1.2 million, annually for three (3) years, subject to funding availability, for a total allocation of
$3,600,000 from the Agency's Low and Moderate Income Housing Fund to NHS to administer
the Agency's Citywide Maintenance Grant Program and the Single Family Home Improvement
Loan and Beautification Grant Program as per the provisions of the Agreement and Amendment
No.1 to the Agreement, a copy of which is on file with the City Clerk and incorporated herein
by reference as though fully set forth at length.
SECTION 2. The Executive Director of the Agency is hereby authorized to make minor
corrections, program additions, funding changes, and clarifications to the Agreement, provided
said changes are not substantive in nature, and do not increase the annual amount of $1.2 million
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from the Agency.
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NHS Maintenance Amend 2
03/05/01
CDC/2001-11
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SECTION 3. The authorization to execute the above referenced Amendment No.2 to
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the Agreement is rescinded if the parties fail to execute it within sixty (60) days of the passage 0
this Resolution.
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NHS Maintenance Amend 2
03/05101
CDC/2001-11
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
APPROVING (1) THE AMENDMENT NO. 2 TO THE AGREEMENT
BETWEEN NEIGHBORHOOD HOUSING SERVICES OF THE INLAND
EMPIRE, INC., AND THE REDEVELOPMENT AGENCY, DATED
SEPTEMBER 7, 1999 INCREASING THE AGENCY HOUSING FUNDS
TO $1.2 MILLION ANNUALLY FOR THREE YEARS, SUBJECT TO
FUNDING AVAILABILITY; MAKING CERTAIN PROGRAM
REVISIONS; AND (2) AUTHORIZING AND DIRECTING THE AGENCY
EXECUTIVE DIRECTOR TO EXECUTE SAID AMENDMENT NO.2.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community
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Development Commission of the City of San Bernardino at a ;oint regular
meeting
thereof, held on 5th day of March , 200 I by the following vote, to wit:
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11 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA X
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LIEN x
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MCGINNIS X
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SCHNETZ X
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SUAREZ X
16 ANDERSON X
17 MC CAMMACK X
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The foregoing resolution is hereby approved this 8 th day of
March
,2001.
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tZ/l l~-_
Ziu ith aIfes, Chairperson
om unity Development Commission
Of t~ City of San Bernardino
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Approved as to form and Legal Content:
Jam" F. pran, City Arto cy
By:
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NHS Maintenance Amend 2
03/05/01
CDC/2001-11
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
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AMENDMENT NO.2 TO THE AGREEMENT FOR THE SINGLE FAMILY HOME
IMPROVEMENT AND BEAUTIFICATION REHABILITATION LOANS AND
GRANTS PROGRAM ORIGINATION AND SERVICE ASSISTANCE,
DATED SEPTEMBER 7,1999
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(NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC.)
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THIS AMENDMENT NO.2 ("Amendment No.2") amends the Agreement, date
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September 7, 1999, as amended on July 24,2000 (collectively, the "Agreement"), and is dated a
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of this 5th day of March 2001, by and between the Redevelopment Agency of the City of Sa
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Bernardino, a public body corporate and politic ("Agency"), and Neighborhood Housin
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Services of the Inland Empire, Inc., a California non-profit corporation, ("Consultant") in vie
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of the facts set forth in the following Recitals;
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RECITALS
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WHEREAS, the Agency and Consultant have previously entered into the Agreement fo
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the purpose of allowing the Agency to implement its affordable housing improvement progra
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known as the "Single Family Home Improvement and Beautification Loans and Grants Program'
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in certain areas of the City of San Bernardino ("City") described in the Agreement a
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"Neighborhood Initiative Target Area-NIP Areas" and an owner-occupant single famil
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maintenance rehabilitation and repair grant program on a citywide basis ("Maintenance Gran
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Program") (collectively referred to as the "Program"), using the Agency's low- and moderate
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income housing funds described in Section 3 of this Amendment No.2, below;
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WHEREAS, the Agency and consultant desires to amend the Agreement as set forth i
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this Amendment No.2 to increase the amount appropriated for the "Programs", as this term i
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defined in the Agreement, and make certain other changes to the Program description.
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
2 HEREIN SET FORTH AND THE MUTUAL BENEFITS TO BE DERIVED THEREFROM
3 THE CONSULTANT AND THE AGENCY HERETO AGREE AS FOLLOWS:
4 Section 1. The meaning of the words and phrases as used in this Amendment No.2 shal
5 be the same as set forth in the Agreement except as the context of usage of a particular term 0
6 phrase as set forth in the text of this Amendment No.2 may require. The text of the Agreemen
7 (and all exhibits accompanying the Agreement) is hereby incorporated into this Amendment No.
8 2 by this reference.
9 Section 2. The Consultant and the Agency mutually acknowledge and agree that as 0
10 the date of approval of this Amendment No.2 by the governing board of the Agency, no defaul
11 exists under the Agreement, nor is either party aware of any fact, with the giving of notice an
19 funds in the amount of One Million, Two Hundred Thousand Dollars ($1.2 million) for eac
12 the passage of time, would constitute a default under the Agreement.
13 Section 3. Nothing in this Amendment No.2 shall be deemed to affect the allocation 0
14 the low and moderate-income housing funds of the Agency in the amount of Eight Hundred
15 Fifty Thousand Dollars ($850,000), as previously approved, reserved and expended for th
16 implementation of the Program. This Amendment No.2 provides for an additional allocation 0
17 a separate and additional sum of $1.2 million in Agency Fiscal Year 2000-2001, and for a tota
18 allocation of such funds in the subsequent two (2) years, of low- and moderate-income housin
20 such year (subject to the annual appropriation process of the Agency) to be used for the Progra
21 as modified and amended by this Amendment No.2 to the Agreement. Accordingly, Agenc
22 Funds in the amount of$1.2 million shall be used in Agency Fiscal Year 2000-2001 as follows:
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$200,000
$10,000
20% Program Administration for NHS
Pre-Development Costs such as celled title policies, architecture
and engineering, lead base testing and inspections, if necessary.
NIP Loan and Grant Program
City Wide Single Family Maintenance Grant Program
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$390,000
$600,000
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The $1.2 million shall be allocated annually for three (3) years, subject to Agenc
2 funding availability, in order to continue the Program. However, in no event shall the tota
3 aggregate amount of the affordable single family dwelling maintenance and rehabilitation loan
4 and grants which may be originated under the Agreement, as amended by this Amendment No.
5 2, exceed the sum of $1.2 million annually, inclusive of compensation payable by the Agency t
6 the Consultant under the Agreement as amended by the Amendment No.2.
7 Section 4. Section 3 of the Agreement is hereby amended by this Amendment No.2 t
8 read as follows:
9 "Section 3 Scope of Services - Consultant agrees to provide the Services to
10 the Agency as set forth herein and as described in the Scope of Services
11 attached hereto as Exhibit "C" for each Program Loan and Grant originated
12 under the Program. This Exhibit "C" shall consolidate and replace Exhibit
13 "C" of the Agreement and Exhibit "D" of Amendment No. 1 of the
14 Agreement."
15 Section 5. Section 5 of the Agreement is hereby amended by this Amendment No.2 t
16 read as follows:
17 "Section 5 Term of Agreement. Amendment No. 2 shall take effect upon
18 approval by the governing board of the Agency and the complete execution by
19 the parties. The Agreement, as amended by Amendment No. 1 as further
20 amended by Amendment No.2, shall remain in effect through March 30,
21 2002. Upon mutual written agreement, subject to Agency funding
22 availability, of the parties in their sole and separate discretion, dated on or
23 before February 28, 2002, this Agreement may be extended after March 30,
24 2002, for an additional period of time of not to exceed twenty-four (24)
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months. In no event shall the Term of Agreement exceed three (3) years in
2 the aggregate from date of Agency board approval".
3 Section 6. Section 6 of the Agreement is hereby amended by this Amendment No.2 t
4 read as follows:
5 "Section 6. Compensation payable by Agency to Consultant: Upon the
6 effective date of Amendment No. 2 to this Agreement, the Agency shall
7 compensate Consultant for the performance of the Services in accordance with
8 the following schedule:
9 (1) For purposes of processing NIP loans and grants, the Agency shall pay
10 consultant a monthly fee of $6,500 for Services calculated as follows: a flat
11 fee of Fifteen Hundred Dollars ($1,500); plus Five Thousand ($5,000) for two
12 Project Loans for which Agency funds are transferred by Agency to
13 Consultant in such month to the Program Loan Disbursement Account, to a
14 maximum payment by the Agency under this subparagraph of $6,500. This
15 $6,500 was calculated by multiplying 20% of the initial sum of $390,000
16 allocated to the NIP Loan and Grant Program as provided in Section 3 above.
17 (2) For purposes of the Maintenance Grant Program, the Consultant shall
18 receive as compensation no more than 20% of the allocated sum for the
19 Maintenance Grant category, initially identified to be $600,000, or not more
20 than $120,000 as stated in Section 3 above.
21 Sums payable by the Agency to the Consultant as compensation for Services
22 shall be paid by the Agency directly to the Consultant payable in twelve (12)
23 equal monthly installments; and shall not be disbursed by the Consultant from
24 the Program Loan Disbursement Account. In no event shall the total
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compensation to the Consultant from the Agency exceed twenty percent
2 (20%) of the total annual appropriation of $1.2 million for the Program.
3 Payment for services will be made by the Agency as of the first day of each
4 calendar month with the first such payment due on the first day of the next
5 calendar month following the date of the complete execution of the
6 Agreement by the parties.
7 The Agency shall compensate the Consultant for services performed prior to
8 the date of Amendment No.2 in accordance to the compensation schedule set
9 forth in the Agreement as amended by Amendment No.2."
10 Section 7. Exhibit "c" and Exhibit "D" of the Agreement are hereby modified by thi
11 Amendment No. 2 by replacing said exhibits with a new Exhibit "c" attached to thi
12 Amendment No.2.
13 Section 8. This Amendment No.2 shall further authorize the Executive Director of th
14 Agency to make non-substantive changes, clarifications, corrections to the Agreement, includin
15 budget line item adjustments, provided such actions do not increase the Agency's moneta
16 annual appropriation to the Consultant as approved by the governing board of the Agency.
17 Section 9. The Amendment No.2 shall take effect following its approval by th
18 governing board of the Agency when it has been fully executed by the authorized officers ofth
19 parties.
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IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to th
2 Agreement to be executed as of the day and year first written above.
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AGENCY
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REDEVELOPMENT AGENCY OF THE
CITY OF S;o/RNARDI 0
(./
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By:
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Gary Yan Osdel
ExetUtive Director
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APPROVED AS TO FORM:
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Ag~
CONSULTANT
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NEIGHBORHOOD HOUSING SERVICES OF
THE INLAND EMPIRE, A CALIFORNIA NON-
PROFIT CORPORATION
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C\W1NDOWS\TEMP\NHS Maintenance Amend 2_doc
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EXHIBIT "c"
Sinl!:le-Familv Rehabilitation Loan and Beautification Grant Program
("NIP Program") ($390,000)
NHS shall utilize the funds herein to provide deferred low interest (3%) loans (maximu
of $35,000 per property) and grants (maximum of $5,000 per property) to income eligibl
(120% median income and below) owner-occupied single family homeowners in order t
improve the City's housing stock and remedy unhealthy living conditions, specifically i
the seven (7) NIP areas. On a case-by-case basis, subject to extenuating circumstances
the amounts herein may be exceeded, provided NHS has obtained approval by th
Executive Director of the Agency (Director), or his designee, the administrator of thi
Agreement.
Under the direction of the Director, NHS shall administer and implement the Progra
herein and shall utilize the applicable and pertinent sections of the Economi
Development Agency's (EDA), Rehabilitation Loan & Grant Policies and Procedure
Manual for guidance on processing and packaging all loans and grants under thi
Agreement, if applicable.
NHS shall accept loan/grant applications from respective homeowners, first within al
approved NIP seven (7) target areas (refer to map Exhibit "B"), and to determine incom
and improvement eligibility (see *Exhibit "A" of original agreement), determine equit
on the subject property, verify ownership by obtaining a preliminary title report or othe
pertinent documentation from a reputable title Company. Should there be no interest b
homeowners for the loan program in the NIP target areas, or upon extenuating 0
emergency circumstances, NHS shall consult with Director, and offer the Program on a
as needed, first come, first serve basis, to homeowners throughout the City.
*Income limits are subject to annual change.
Inspecting eligible properties to determine the type of health and safety and cod
violation repair work needed, including asbestos and lead based paint removal, the ag
and overall condition of the unit and to ensure that all units rehabilitated under th
Program when completed are aesthetically pleasing and in compliance with local, stat
and federal ordinances and laws.
Preparing and completing work write-ups, the cost estimates and bid package for th
improvements for each property.
Soliciting bids for the rehabilitation work from a list of pre-approved general contractors
if necessary. Assisting homeowners with the selection of a contractor, and the executio
of the contract between owner and contractor, including the Scope of Work and Schedul
of Performance; schedule and conduct pre-construction and walk thru conferences, etc.
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Inspection and monitoring the rehabilitation work while in progress and supervising th
payment invoice procedures to ensure that all contractors and subcontractors are meetin
obligations and that progress, payments and retentions are paid in a timely manner.
Coordinating with the Homeowner and Contractor final inspection and payment of th
contract retention.
Maintain a file for each Program participant and ensure that all documentation is on file
including, but not limited to, application, proof of ownership, income verification
comparables or appraisals, work write-ups, contracts, promissory notes, deeds of trust
etc. The original promissory note and deed of trust shall be for the benefit of the Agenc
and shall be transmitted to Agency upon request for each loan.
Provide any and all services required by the Director and Director of Housing an
Community Development, or his/her designee, in order to effectively implement an
complete the Services under this Agreement.
Maintenance Grant PrOl!:ram
The Consultant shall implement, administer and oversee the Single Family Maintenanc
Grant Program. This Maintenance Grant Program shall be offered to Qualifie
Homeowners, who are in need of general home repairs which include but are not limite
to:
Roof replacement, exterior painting, landscaping (automatic
sprinklers and grass seed), plumbing, flooring, heating and air system
replacements, electrical work, sewer repair or sewer installation,
termite repairs, exterior concrete flatwork (such as sidewalks,
driveways, curbs, gutters), hand railings, doors, window screens or
replacement, tub/shower and toilet repairs or replacement, repair
foundation or structural deficiencies, etc.
The Maximum Grant Amount the Consultant can expend per
Qualified Homeowner and dwelling unit is $5,000. This Grant may be
available to a Qualified Homeowner not more than once every five (5)
years. This is a Grant to be provided to the Qualified Homeowner
and requires no repayment or encumbrance on the effected real
estate.
The Consultant shall process Grant Applications on a first come, first serve basis. However, i
case of emergency, or life threatening situation, the Consultant may process an application on a
urgent basis subject to approval by the Director. The Consultant shall first utilize and exhaus
the existing waiting list and continue to add applicants to the list, as necessary.
Upon Consultant determining that the Qualified Homeowner is eligible to participate in th
Grant Program, the Consultant will insure that all work performed on the Qualifie
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Homeowner's place of residence are performed by State Licensed Contractors. The Consultan
shall be required, whenever feasible, to obtain a minimum of three (3) bids for all wor
performed. All work performed by Contractors shall be approved and authorized by th
Qualified Homebuyer, and shall be completed within 45 days from commencement date of suc
work, unless extended by mutual agreement between the Qualified Homebuyer and contractors.
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From time to time, the Agency and Consultant shall coordinate inspection site visits to insur
that the work being performed on a Qualified Homeowner's place of residence is be in
performed in a good workman like manner and in accordance with applicable codes (UBC, UPC
UMC, NEC and health & safety) and City Ordinances.
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Applicant Elie:ibilitv Requirements - Maintenance Grant Proe:ram
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a. "Qualified Homeowner" must be an owner occupant for a minimum period of one (I
year; on a case-by-case basis, and depending on the circumstances, this requiremen
may be waived by the Agency Director or his/her designee; Consultant shall obtai
evidence of ownership and length of residency.
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b. Qualified Homeowner must complete a Grant Application (see Exhibit "E" t
Amendment No.1) and meet the applicable income criteria. The applicant's annua
income shall not exceed 80% of the median income for San Bernardino County. Th
Agency shall provide the Consultant with the income limits for each Program Year.
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c. All Qualified Homeowner's must agree to sign a Maintenance Covenant and agree t
live in their home for not less than one (1) year following completion of the wor
performed under the Maintenance Grant Program.
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The Consultant shall maintain accurate records for inspection by the Agency concerning income
and program occupancy of all persons obtaining assistances from the Consultant pursuant to this
Agreement. Consultant shall also provide quarterly reports to the Agency, or as necessary, upon
the request of the Agency Director.
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The Consultant shall also require that any Contractor performing work under the Program are is
19 licensed to perform business in the City of San Bernardino and have a current license with the
State of California Contractor's License Board.
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