HomeMy WebLinkAboutCDC/2007-14
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RESOLUTION NO. CDC/2007-14
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE
AMENDMENT NO. 1 TO THE AGENCY'S SINGLE-FAMILY
BEAUTIFICATION LOAN/GRANT AND MOBILE HOME GRANT
PROGRAMS AGREEMENT BY AND BETWEEN THE AGENCY AND
NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC.
("NHSIE") DATED FEBRUARY 7, 2005
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has
10 established an affordable housing improvement program known as the "Single-Family
11 Beautification Loan/Grant Program and Mobile Home Grant Program" (the "Program"); and
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WHEREAS, the purpose of the Program is to provide low- and moderate-income
13 homeowners ("Qualified Homeowners") who reside in the City of San Bernardino (the "City"), with
14 a special source of loan and grant funds to undertake certain housing rehabilitation and correction
15 work (including asbestos and lead containing materials abatement work, handicap accessibility
16 improvements and building code deficiency corrections) and certain exterior landscape and
17 structural beautification improvements of owner-occupied, single-family residential dwelling units;
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WHEREAS, the application of the proceeds of such loans and grants to such work by the
20 Qualified Homeowners under the specifications of the Program promotes and expands the supply 0
21 affordable housing in the City and fosters the elimination and prevention of blight; and
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WHEREAS, on February 7, 2005, the Community Development Commission of the City of
23 San Bernardino ("Commission") approved an Agreement with Neighborhood Housing Services of
24 the Inland Empire, Inc. ("NHSIE") ("2005 Agreement"), for the purpose of administering the
25 Program; and
26 WHEREAS, the Agency and NHSIE desire to amend the 2005 Agreement ("Amendment
27 No. I") to extend the terms and conditions of the Agreement for an additional 3 years through June
28 30, 2010, modify the Scope of Services and increase the funding for the Program.
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1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
3 FOLLOWS:
4 Section 1. The Commission hereby approves Amendment No. I, by and between the
5 Agency and NHSIE in the form as presented at the meeting of the Commission at which this
6 Resolution is adopted and hereby authorizes the Executive Director of the Agency to execute
7 Amendment No. 1 on behalf of the Agency and hereby authorizes minor corrections, additions,
8 clarifications, interpretations be made to the 2005 Agreement, as subsequently amended, provided
9 said changes are not substantive in nature, do not increase the monetary impact to the Agency, and
10 are consented to by the Agency Counsel.
11 Section 2. For the purpose of satisfying the requirements of Health and Safety Code
12 Section 33413 (b), the Commission hereby finds and determines that the Program expands and
13 preserves the community's supply of affordable housing as provided under said provision of the
14 Health and Safety Code.
The Resolution shall become effective immediately upon its adoption.
15 Section 3.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE
AMENDMENT NO. 1 TO THE AGENCY'S SINGLE-FAMILY
BEAUTIFICATION LOAN/GRANT AND MOBILE HOME GRANT
PROGRAMS AGREEMENT BY AND BETWEEN THE AGENCY AND
NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC.
("NHSIE") DATED FEBRUARY 7, 2005
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
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Development Commission of the City of San Bernardino at a j oint regular meeting thereof,
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held on the 4~h day of .Tune
Commission Members:
11 ESTRADA
12 BAXTER
13 BRINKER
14 DERRY
15 KELLEY
16 JOHNSON
17 MC CAMMACK
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,2007, by the following vote to wit:
Ayes
Abstain
Absent
Navs
-X-
X
X
X
~
....lL-
X
~p~
Secretary
-rj:!:...
rz day of June
21 The foregoing Resolution is hereby approved this
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,2007.
~r-~
atri J. Morris, ~erson
Community Development Commission
of the City of San Bernardino
Approved as to Form:
27 By: \ 4~~ J
A~r-
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CDC/2007-14
AMENDMENT NO.1
TO THE
SINGLE-FAMILY BEAUTIFICATION LOAN/GRANT
AND MOBILE HOME GRANT PROGRAM
(Neighborhood Housing Services of the Inland Empire, Inc.)
THIS AMENDMENT NO. 1 ("Amendment No.1") amends the Agreement, dated
February 7, 2005 (collectively, the "Agreement"), and is dated as of this 4th day of June 2007, by
and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate
. and politic ("Agency"), and Neighborhood Housing Services of the Inland Empire, Inc., a
California non-profit corporation (the "CONTRACTOR"), in view of the facts set forth in the
following Recitals;
RECITALS
WHEREAS, the Agency and the CONTRACTOR have previously entered into the
Agreement for the purpose of allowing the Agency to implement its affordable housing
improvement program known as the "Single Family Beautification Loan/Grant Program and
Mobile Home Grant Program" (the "Program") in the City of San Bernardino (the "City") using
the Agency's Low- and Moderate-Income Housing Funds described in Section 3 of this
Amendment No.1, below;
WHEREAS, the Agency and CONTRACTOR desires to amend the Agreement as set forth
in this Amendment No.1 to increase the amount appropriated and to modifY the Scope of Services
to include alternative energy improvements for the "Program", and make certain other changes to
the Program description.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
HEREIN SET FORTH AND THE MUTUAL BENEFITS TO BE DERIVED THEREFROM,
THE CONTRACTOR AND THE AGENCY HEREBY AGREE AS FOLLOWS:
Section 1. The meaning of the words and phrases as used in this Amendment No. 1 shall
be the same as set forth in the Agreement except as the context of usage of a particular term or
phrase as set forth in the text of this Amendment No. I may require.
Section 2. The CONTRACTOR and the Agency mutually acknowledge and agree that as
of the date of approval of this Amendment No.1 by the governing board of the Agency, no default
exists under the Agreement, nor is either party aware of any fact, with the giving of notice and the
passage of time, would constitute a default under the Agreement.
Section 3. Nothing in this Amendment No. I shall be deemed to affect the allocation of the
Low- and Moderate-Income Housing Funds of the Agency in the amount of One Million Four
Hundred Thousand Dollars ($1,400,000), as previously approved, reserved and expended for the
implementation of the Programs. This Amendment No. I provides for an additional allocation of a
separate and additional sum of Seven Hundred Thousand Dollars ($700,000) in Agency Fiscal
Year 2007-2008, and for a total allocation of such funds in the subsequent two (2) years of Low-
and Moderate-Income Housing Funds in the amount of Two Million One Hundred Thousand
P:\Agendas\Agenda AttachmentslAgrmts_Amend 2007\06-04-Q7 NHS SF Agreement - Amendment No. I.doc
Dollars ($2,100,000) for each such year (subject to the annual appropriation process of the
Agency) to be used for the Program as modified and amended by this Amendment No. 1 to the
Agreement.
Section 4. Section 3 of the Agreement is hereby amended by this Amendment No. 1 to
read as follows:
"Section 3 Scope of Services - The CONTRACTOR agrees to provide the Services
to the Agency as set forth herein and as described in the Scope of Services attached
hereto as Exhibit "C" for each Program Loan and Grant originated under the
Program. This Exhibit "C" shall consolidate and replace Exhibit "C" of the
Agreement."
Section 5. Section 5 of the Agreement is hereby amended by this Amendment No. 1 to
read as follows:
"Section 5 Term of Agreement. Amendment No. 1 shall take effect upon approval by the
governing board of the Agency and the complete execution by the parties. Except as
modified or amended by this Amendment No.1, all of the provisions of the 2005
Agreement shall remain in full force and effect through and including June 30, 2007.
Thereafter, this Amendment No.1 shall take effect and be in full force and effect on July 1,
2007. In no event shall the term of the Agreement exceed three (3) years in the aggregate
from and after July 1, 2007".
Section 6. Section 6 of the Agreement is hereby amended by this Amendment No. 1 to
read as follows:
"(a) The Agency shall compensate the CONTRACTOR for the performance of Services
using Agency Housing Funds (see 1 st Recital) in accordance with the following schedule:
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20% Program Administration for the CONTRACTOR
($280,000 from Low/Mod Housing Fund and $40,000 from HOME Funds
for administration of Mobile Home Grant Program)
Pre-Development Costs such as cancelled title policies, architecture
and engineering, lead base testing and inspections, if necessary
(Low/Mod Housing Fund).
Mobile Home Grant Program (HOME Funds)
Single-Family Beautification Grant/Loan Program
(Low/Mod Housing Fund) Total:
$360,000
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$5,000
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$160,000
$1.575.000
$2,100,000
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(b) Program Administration sums payable by the Agency to the CONTRACTOR as
compensation for Services shall be paid by the Agency directly to the CONTRACTOR, payable in
twelve (12) equal monthly installments of Thirty Thousand Dollars ($30,000) during the term of
this Agreement.
(c) Payment for Services will be made by the Agency as of the first day of each
calendar month with the first such payment due on the first day of the next calendar month
following the date of the complete execution of the Agreement by the parties. The Agency shall
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compensate the CONTRACTOR for services performed prior to the date of Amendment No. 1 in
accordance to the compensation schedule set forth in the Agreement."
Section 7. Exhibit "C" of the Agreement is hereby modified by this Amendment No. I by
replacing said Exhibit with a new Exhibit "C" attached to this Amendment No.1.
Section 8. This Amendment No. 1 shall further authorize the Executive Director of the
Agency to make non-substantive changes, clarifications, corrections to the Agreement, including
budget line item adjustments, provided such actions do not increase the Agency's monetary annual
appropriation to the CONTRACTOR as approved by the governing board ofthe Agency.
Section 9. This Amendment No.1 shall take effect following its approval by the governing
board of the Agency and after it has been fully executed by the authorized officers of the parties.
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IN WITNESS WHEREOF, the parties have caused this Amendment No. I to the
Agreement to be executed as ofthe day and year first written above.
CONTRACTOR
Neighborhood Housing Services of the Inland Empire,
a California non-profit corporation
<....--~ ,j'
AGENCY
Redevelopment Agency of the City of
San Bernardino, a public body, corporate and politic
B~~?~
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
~
Agency Couns
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EXHIBIT "A"
2007 INCOME LIMITS
Riverside/San Bernardino Counties
Family Size 80% ofMedian* 120% ofMedian*
Redevelopment Limit Redevelopment Limit
1 $33,150 $49,700
2 $37,900 $56,800
3 $42,600 $63,900
4 $47,350 $71,000
5 $51,150 $76,700
6 $54,950 $82,400
7 $58,700 $88,000
8 $62,500 $93,700
* Subject to Annual Revisions
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EXHIBIT "c"
SCOPE OF SERVICES
(Description of Program)
A. CONTRACTOR'S Administration Costs
The Agency shall compensate the CONTRACTOR the total sum of Three Hundred Sixty
Thousand Dollars ($360,000) for the administration and implementation of the Program herein and
for services rendered under this Agreement. The CONTRACTOR shall bill the Agency monthly
in equal installments of Thirty Thousand Dollars ($30,000) up to the maximum amount of
compensation stated herein.
B. Sinl!le-Familv Beautification Loan/Grant Prol!ram (the "Prol!ram") ($1.575.000)
The CONTRACTOR shall conduct the Program in accordance with the following guidelines:
I. Loan Program: On a case-by-case basis and only as approved and directed by the
Executive Director of the Agency, utilize the funds herein to provide deferred low-interest three
percent (3%) loans up to a maximum of Fifty Thousand Dollars ($50,000) per property, and to
provide Beautification Grants up to a maximum of Fifteen Thousand Dollars ($15,000) per
property to Qualified Homeowners. (NOTE: Refer to Section 6(a) of this Agreement for specific
Budget Line Items on how these funds are to be used). On a case-by-case basis, subject to
extenuating circumstances, the amounts herein may be exceeded, provided the CONTRACTOR
has obtained approval by the Executive Director of the Agency, or his/her authorized designee.
The improvements allowed under the Program are described below in item "D" of this Scope of
Services.
2. Grant Program: The CONTRACTOR shall accept Program Loan/Grant Applications
from respective Qualified Homeowners to determine income and improvement eligibility (See
Exhibit "A"*), determine equity on the subject property, verify ownership by obtaining a
preliminary title report or other pertinent documentation from a reputable title Company. The
CONTRACTOR shall offer the Program on an as needed, first-come, first-served basis, to
Qualified Homeowners throughout the City of San Bernardino (the "City"), and as specifically
directed by the Executive Director of the Agency. The improvements allowed under the Program
are described below in item "D" of this Scope of Services.
C. Mobile Home Grant Prol!ram (No Changes)
1. CONTRACTOR shall use the HOME Funds to administer, implement and manage the
Mobile Home Grant Program providing grants of up to Five Thousand Dollars ($5,000) per
housing unit to income eligible owner occupied single-family mobile home units located within the
City (the "Mobile Home Grant Program"). (NOTE: Refer to Section 6(a) of this Agreement for
specific Budget Line Items on how these funds are to be used).
2. Only Income Eligible Homeowners who have been cited by the City's Inspection Services
Division, under Title 25 of the Mobile Home Park Act (the "Act"), or any other applicable
legislation or local codes, shall be eligible to participate in the Program (only units built after 1980
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are eligible for the grant program). This requirement will ensure that only those owners requiring
work under the Act, or other laws, are assisted prior to all others, provided that the homeowner
meets all other Program criteria.
3. CONTRACTOR shall determine income eligibility for all homeowners participating in the
Mobile Home Grant Program and shall ensure that no homeowner's income exceeds the 80%
median income for the San Bernardino County (Exhibit "A") area. The improvements allowed
under the Program are described below in item "D" of this Scope of Services.
*/ncome limits are subject to annual renewal.
D. Elil!Jble Improvements Permitted nnder the Prol!fam
The following types of improvements are permitted, but not limited to:
I. Loan Program: Roof replacement; exterior and interior pamtmg, including lead
remediation; landscaping (automatic sprinklers and grass seed); window replacement; carpet
replacement and/or 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; door or window screens; tub, shower, toilet repairs or replacements;
foundation or structural repairs; fencing, installation of alternative energy sources, solar panels,
etc. The Maximum Loan permitted under the Program is Fifty Thousand Dollars ($50,000) per
property.
2. Grant Program: Roof replacement; exterior painting including lead remediation;
landscaping including automatic sprinklers, grass seed and planting materials in accordance with
Agency Landscaping Guidelines; parkway enhancements such as stamped concrete, trees and
landscape plantings; window replacement; driveway repairs or replacements; garage door
replacement; wrought iron, vinyl, wood or block fencing. The Maximum Beautification Grant
permitted under the Program is Fifteen Thousand Dollars ($15,000) per property.
3. Mobile Home Grant Program: Improvements include but are not limited to: Roof
replacement (metal, aluminum, composition shingle, including carports and awnings); replacement
of siding and skirting, patios and porches, stair units (carpet and handrails), carport colunms, water
heaters, heater units, Evaporator cooler units, ceilings paneling (interior), flooring repair and
coverings (health and safety concern), handicap fixtures and units, appliances (limited to stovetops,
wall ovens, exhaust hoods), doors and windows. The Maximum Grant permitted under the
Program is Five Thousand Dollars ($5,000) per unit.
E. Applicant Elil!ibilitv Requirements for the Prol!ram
I. Qualified Homeowner must be an owner occupant for a minimum period of one (1) year;
on a case-by-case basis, and depending on the circumstances, this requirement may be waived by
the Executive Director of the Agency or hislher designee; the CONTRACTOR shall obtain
evidence of ownership and length ofresidency.
2. Qualified Homeowner must complete a Program Application (See Exhibit "D" as an
example) and meet the applicable income criteria (See Exhibit "A").
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3. All Qualified Homeowners must agree to attend a Maintenance Class conducted by the
CONTRACTOR; to sign and notarize a Maintenance Covenant and agree to live in their home for
not less than one (I) year following recordation of the Maintenance Covenant.
F. Guidelines:
The CONTRACTOR shall conduct the Program in accordance with the following guidelines:
I. The CONTRACTOR shall administer and implement the Program herein and shall utilize
the applicable and pertinent sections of the Economic Development Agency's (EDA),
Rehabilitation Loan and Grant Policies and Procedures Manual for guidance on processing and
packaging all loans and grants under this Agreement, if applicable under the direction of the
Executive Director ofthe Agency.
2. The CONTRACTOR shall process Program Applications on a first-come, first-served
basis. However, in case of emergency, or life threatening situation, the CONTRACTOR may
process an application on an urgent basis, subject to approval by the Executive Director of the
Agency.
3. The CONTRACTOR shall inspect eligible properties to determine the type of health and
safety and code violation repair work needed, including asbestos and lead-based paint removal, the
age and overall condition of the unit and to ensure that all units rehabilitated or improved under the
Program when completed are aesthetically pleasing and in compliance with local, state and federal
ordinances and laws.
4. The CONTRACTOR shall prepare and complete work write-ups, cost estimates, and bid
packages for the improvements for each property.
5. The CONTRACTOR shall ensure that all work performed on the Qualified Homeowner's
home is performed by pre-qualified State licensed contractors. The CONTRACTOR shall also
require that any contractor performing work under the Program possess a current business license
in the City and has a current license with the State of California Contractor's License Board. The
CONTRACTOR shall be required, whenever feasible, to obtain a minimum ofthree (3) bids for all
work performed. All work performed by contractors shall be approved and authorized by the
Qualified Homeowner, and shall be completed within a specified timeframe acceptable to
Qualified Homeowner and contractors.
6. The CONTRACTOR shall solicit bids for the rehabilitation work from a list of pre-
approved general contractors and assisting Qualified Homeowners with the selection of a
contractor, and the execution of the contract between owner and contractor, including the Scope of
Work and Schedule of Performance; schedule and conduct pre-construction and walk-through
conferences, etc.
7. The CONTRACTOR shall inspect and monitor the rehabilitation work while in progress
and supervise the payment invoice procedures to ensure that all contractors and subcontractors are
meeting obligations and that progress payments and retentions are paid in a timely manner.
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8. The CONTRACTOR shall coordinate final inspection and payment of the contract
retention with the Qualified Homeowner and contractor.
9. The CONTRACTOR shall maintain accurate records for inspection by the Agency
concerning income and program occupancy of all persons obtaining assistance from the
CONTRACTOR pursuant to this Agreement 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 Agency and shall be transmitted to the Agency, upon request, for each loan.
10. The CONTRACTOR shall also provide quarterly reports to the Agency, or as necessary,
upon the request ofthe Executive Director of the Agency.
From time-to-time, the Agency and the CONTRACTOR shall coordinate inspection site
visits to ensure that the work being performed on a Qualified Homeowner's home is being
performed in a good workmanlike manner and in accordance with applicable codes (UBC, UPC,
UMC, NEC and Health and Safety) and City Ordinances.
II. The CONTRACTOR shall provide any and all services required by the Executive Director
of the Agency or his/her designee, in order to effectively implement and complete the Services
under this Agreement.
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EXHIBIT "D"
THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY
Single-Family Beautification Mobile Home Loan/Grant Program
Application
PROPERTY OWNER INFORMATION
Owner Name(s)
Property Address
City
Zip Code
Mailing Address (If Different Than Above)
Telephone Number
Alternate Telephone Number
Number of Bedrooms
Years at Residence
Number of Units
RENTAL PROPERTY INFORMATION
Tenant's Name(s)
Telephone Number
Lease Expiration Date
Monthly Rent
Ust all persons living in residence including yourself and children six years and under who spend a significant amount of time in
the home.
Name Relationship DOB Social Security Preanant? Emoloved
Number Yes No Yes No
List Income of all Famil
Iication.
Total Annual Income
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Famil Size
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120% Median Income
$37 900
$S6 800
80% Median Income
ELIGIBLE IMPROVEMENTS:
Please check as many as needed. An Agency/NHS Inspector will determine improvements based on
grant funding, evident need, program guidelines, and code, health and safety issues.
o Roof Replacement
o Lead Remediation
o Exterior Painting
o Landscaping/Automatic Sprinklers
o Fencing
o Other
o Driveway/Concrete Replacement
o Window Replacement
o Security Lighting
o Garage Door Replacement
o Solar Panels
ETHNICITY:
o Sr. Citizen (62 and Older) 0 Disabled
o White 0 Black/African American 0 Asian 0 American Indian/Alaskan Native
o Native Hawaiian/Pacific Islander 0 American Indian/Alaska Native & White
o Asian & White 0 Black or African American & White 0 Hispanic 0 Other Multi-Racial
The undersigned property owner(s) declare under penalty of perjury that the information provided above
and statements contained in this application are true and correct. The applicant is advised that fictitious
fraudulent statements provided by the applicant are a violation of both state and federal law and could
result in criminal prosecutions. I authorize the Agency or NHSIE to examine and verify any and all
information provided in this application.
I hereby certify that I am the owner of the subject property described above and I do hereby authorize
the City of San Bernardino Economic Development Agency and/or its local agents to conduct an
inspection on the subject property for the presence of lead based paint and to perform an assessment of
any lead related health risk. I understand that the inspection and risk inspection will be conducted by a
State Certified Inspector/Risk Assessor and will be conducted in accordance with protocols established by
the State Department of Housing and Urban Development (HUD). I further understand that the
inspection and assessment services as well as a report of any finding and recommendations will be
provided to me at no cost.
Property Owner
Date
Property Owner
Date
ForOflice U5I! 0111 FofLHC
Eligibility Income: HUD Median: Agency Witness:
Approved By: Parcel #: Signature:
Date: Date: I
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REDEVELOPMENT AGENCY
OF THE CllY OF SAN BERNARDINO
SINGLE-FAMILY HOME IMPROVEMENT LOAN AND
BEAUTIFICATION GRANT PROGRAM
Aoolication Instructions & Checklist
You are applying for a grant and/or loan. Anyone living in the household must be listed
on the application. Fill in all blanks as they apply to you. If necessary, you will be
contacted to clarify the information. Please remember to sign at the bottom
(homeowners: anyone who is on the title). Your personal information is kept confidential
within the organization and the City. Please provide us with the following information as
it applies to you.
o Property Ownership
1. Copy of current mortgage statement.
2. Copy of current year property tax bill
3. Copy of property insurance statement
o Social Security Card(s)
1. Enclose copies for all individuals residing in the home
o Evidence of Income
1. Copies of 2 most recent pay stubs
2. Evidence of alimony or child support, if received
3. Copy of most recent Federal tax return
o Evidence of Government Assistance
If you receive any of these benefits, please enclose a copyof the document which applies:
1. Statement of benefits for SSI, SSP, or AFDC
2. Statement of unemployment or disability benefits
3. Statement of pension or retirement benefits
o Bank Statement
1. Enclose copies of current (2 months) checking and/or savings account statements
(all pages)
If you need help in completing the application or have questions, please call NHSIE,
Rehab Division, at (909) 884-6891.
Si usted necesita ayuda para completar esta aplicaci6n, favor de lIamar a NHSIE.
Nuestros empleados hablan espanol.
NHSIE is a private, non-profit corporation authorized by the Redevelopment Agency of the City of San
Bernardino to administer their Program. NHSIE is a General Contractor (License #B-745831).
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