HomeMy WebLinkAboutR30-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Maggie Pacheco, Director SUBJECT: REQUEST APPROVAL TO PROVIDE
Housing&Community Development FUNDS TO SAN BERNARDINO WEST
SIDE COMMUNITY DEVELOPMENT
DATE: May 11, 1999 HE OWNER OCCUPIED-I�**' WORKE PROGRAM
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Synopsis of Previous Commission/Council/Committee Action(s):
On or about November 1997, the Community Development Commission approved a$50,000 allocation of 20%Housing Set Aside
Funds to San Bernardino West Side Community Development Corporation (WSCDC) for the implementation of a Handyworker
Program.
On October 26, 1998, the Redevelopment Committee considered a proposal from Staff to authorize a $250,000 Community
Development Block Grant(CDBG)appropriation to WSCDC to continue the Program. At that time, the Redevelopment Committee
recommended that the allocation be limited to$100,000 in order to monitor the success and need for the Program. The$100,000 was
appropriated from CDBG funds. The purpose of these funds was to enable WSCDC to continue the Handyworker Program which
provides up to$5,000 grants to low income owner occupants for minor home repairs and emergency improvements.
On November 16, 1998,the Community Development Commission ratified the Redevelopment Committee's recommendation.
On May 6, 1999,the Redevelopment Committee recommended that this item be forwarded to the Community Development
Commission for approval.
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Recommended Motion(s):
(Mayor and Common Council)
MOTION A: That the Mayor and Common Council approve the amendment to the City's Consolidated Annual
Action Plan(1996-1998)authorizing the expenditure of HOME funds in the amount of$150,000 for
the West Side Community Development Corporation Handyworker Program.
MOTION B: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
BY AND BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO WEST SIDE
COMMUNITY DEVELOPMENT CORPORATION FOR PURPOSES OF CARRYING OUT THE
HANDYWORKER PROGRAM
Contact Person(s): Gary Van Osdel/ M. Pacheco Phone: 5081
Project Area(s) Ward(s):
Supporting Data Attached: El Staff Report ❑x Resolution(s) E]Agreement(s)/Contract(s) ❑ Map ❑x Income Limits
HOME(IDIS#8020101,8046010,41,8046008,213&
FUNDING REQUIREMENTS Amount: $ 150,000 Source: 8046008,477)
udget Authority:
SIGNATURE:
al n Osdel, Executiv irector Magg' heco, Director
E/9 nomic Development Agency Housing Community Development
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Commission/Council Notes:
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MP:lag:99-05-17 Handyworker COMMISSION MEETING AGENDA
Meeting Date: 05/117//11999j9
Agenda Item Number: .
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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West Side Community Development Corporation
Handyworker Program
Current Issue
Due to the volume of applicants, WSCDC has used up all of the resources appropriated to it by
the Agency in October of 1998 for the Handyworker Program.
Because there is a great demand for the Program and all prior programmatic difficulties have
been resolved (over 50 applicants are on the Program waiting list), staff is proposing approval of
a one-year contract allocating an additional $150,000 (the "Contract") to WSCDC so that they
may continue the Program. The Contract will continue to require that the grant, per unit, shall
not exceed $5,000 (including labor, materials and supervision), with an overhead allowance of
15% percent. The terms of the new Contract will be consistent with the terms and conditions
approved in October 1998.
Furthermore, the Contract will continue to require that WSCDC obtain pre-approval of the
proposed work from Agency staff and that all costs be based on a reimbursable basis. Because
staff proposes to use HOME funds, WSCDC will be required to insure that all health and safety
items are repaired prior to allowing any cosmetic type of improvements. The Program will be
restricted to owner-occupied units with emphasis or priority to seniors, and will be restricted to
households earning less than 80% of median income (see attached income limits).
During the past seven (7) month contract period, WSCDC assisted over 20 low income owner
occupants with minor repairs, such as roofing, electrical, plumbing, painting, etc. It should be
noted, numerous applicants inquiring about the Program require work in excess of the $5,000.
Under this scenario, WSCDC will continue to forward these applicants to the Agency funded
Home Improvement Program administered by NHS and Jackson Federal Bank (formerly First
Federal Savings).
Continuation of the Handyworker Program will also assist the City in meeting the number one
priority depicted in the City's adopted Consolidated Plan which calls for the preservation and
rehabilitation of the City's affordable single-family housing stock.
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MP:lag:99-05-17 Handyworker COMMISSION MEETING AGENDA
Meeting Date: 05/17/1999
Agenda Item Number:
Economic Development Agency Staff Report
West Side CDC
May 6, 1999
Page Number -2-
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Fiscal Impact
This Contract will be funded with 1996,1997 and 1998 uncommitted federal HOME funds in the
amount of $150,000 (ID No. 8020101, 8046008-477 & 213, 80460100-41). As of the date of
this report the uncommitted and unexpended balance in these accounts is $153,412.
Recommendations
That the Mayor and Common Council adopt the form motion A and B approving a one-year
appropriation and Contract with San Bernardino West Community Development Corporation to
continue the Handyworker Program in the amount of$150,000.
t
Maggie checo, Director
Housing & Community Development
Attachments: (1)Resolution
(2)Contract
(3)Income Limits Chart
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MP:lag:99-05-17 Handyworker COMMISSION MEETING AGENDA
Meeting Date: 05/17/1999
Agenda Item Number:
i
COPY
1 RESOLUTION NO:
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
4 CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY
5 OF SAN BERNARDINO AND SAN BERNARDINO WEST SIDE
COMMUNITY DEVELOPMENT CORPORATION FOR PURPOSES
6 OF CARRYING OUT THE HANDYWORKER PROGRAM
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
e OF SAN BERNARDINO AS FOLLOWS:
9
10 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf
11 of said City an Agreement with the San Bernardino West Side Community Development
12 Corporation (SBWSCDC) to implement the Owner-Occupied Single Family Hand
yworker
13 Program, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
14 reference as though fully set forth at length.
15 SECTION 2. The authorization to execute the above referenced Agreement is
, 6
rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of
1' this resolution.
73
19
20 //// Fritcred into Record at
21 ////
22
//// t =rte
21
City ClerklP�f)G Secy
25 City of Sjii t e;iiardino
26
Page 1 of 2
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AND AUTHORIZING THE MAYOR
2 TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND SAN BERNARDINO WEST SIDE COMMUNITY
3 DEVELOPMENT CORPORATION FOR PURPOSES OF CARRYING OUT
THE HANDYWORKER PROGRAM
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 1999, by the following vote, to wit
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 LIEN
11 McGINNIS
12 SCHNETZ
13 DEVLIN
14 ANDERSON
15 MILLER
16
17 CITY CLERK
18
19 The foregoing Resolution is hereby approved this day of ' 1999.
20
21 JUDITH VALLES, Mayor
2�
City of San Bernardino
23 Approved as to form and legal content:
24
25
26 By: f
27 City Attorney
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Page 2 of 2
EXHIBIT "A"
I HOME AGREEMENT
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)
2 (1996, 1997 and 1998 HOME Funds)
3 San Bernardino West Side Community Development Corporation
(WSCDC)
4 (Owner-Occupied Single Family Handyworker Program)
5
THIS AGREEMENT is made and entered into this day of
6
1999, by and between the City San Bernardino, a municipal corporation (hereinafter referred to
7
as "City"), located in the City of San Bernardino and in San Bernardino County, and the San
8
Bernardino West Side Community Development Corporation (WSCDC), 1505 West Highland
9
Avenue, Suite 14, San Bernardino, California 92411, a community housing development
10
organization (CHDO) organized pursuant to Title 24 CFR Subpart "G", Section 92.300, et seq.
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acting herein duly authorized by its Board of Directors.
12
RECITALS
13
WHEREAS, the City has received formula HOME Investment Partnership allocation for
14
Fiscal Year 1996-1997, 1997-1998 and 1998-1999 from the federal Department of Housing an
15
Urban Development (HUD) to carry out eligible activities in accordance with federal program
16
requirements at 24 CFR 92 (the "Program"), and has designated the City to administer such
17
Program; and
18
WHEREAS, not less than fifteen percent (15%) of the above-mentioned grant amount
19
shall be set aside and made available to designated CHDOs, in accordance with HUD guideline
20
as per 24 CFR 92.208(a); and
21
WHEREAS, WSCDC is desirous of participating in activities eligible under HOME, an
22
further agrees that the beneficiaries of its activities under the program and this Agreement, are or
23
will be individuals or families who meet the income eligibility guidelines at Title 24 CFR part
24
92.217; and
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I WHEREAS, the City deems the activities to be provided by WSCDC as consistent w1
2 and supportive of the HOME Program and is consistent with the City of San Bernardin
3 Comprehensive Housing Affordability Strategy (CHAS), and the City's 1995-99 Consolidate
4 Plan, and that WSCDC requires the financial assistance of the City to implement its housin
5 activities; and
6 WHEREAS, the City, acting in the capacity of a grantor, will monitor WSCDC to ensure
7 compliance with all HOME Program requirements, and that WSCDC, in its capacity as a CHDO
8 will comply with all program requirements under 24 CFR 92.
9 NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
10 1. CERTIFYING THE NONPROFIT AS A CHDO:
11 WSCDC has satisfied the definition of a CHDO as stated in 24 CFR Subpart A, Section
12 92.2 of the HOME Final Rule. To qualify for receipt and use of federal HOME funds as
13 CHDO WSCDC has met the following requirements:
14 A. Legal Status. The nonprofit organization is organized under state or local laws, as
15 evidenced by a charter or articles of incorporation. No part of its net earnings inure to the benefit
16 of any member, founder, contributor, or individual, as evidenced by the same. The nonprofit
17 organization must have a tax exemption ruling from the Internal Revenue Service (IRS) under
18 Section 501(c) of the Internal Revenue Code of 1986, as evidenced by a 501(c) certificate from
19 the IRS. Also, the nonprofit organization has among its purposes the provision of decent
20 housing that is affordable to low and moderate income people, as evidenced by a statement in the
21 organization's charter, articles of incorporation, by-laws or resolutions.
22 B. Capacily. The nonprofit organization conforms to the financial accountability
23 standards of 24 CFR 84.21, "Standards for Financial Management Systems", as evidenced by
24 notarized statement by the organization CEO or president, a CPA or a I-IUD-approved audit
25 summary. WSCDC has a demonstrated capacity for carrying out activities assisted with federa
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I HOME funds and affordable housing programs through the stated experience of key
2 members or contract(s) with consultants who have experience with related projects to train key
3 staff. Also WSCDC has shown a history of not less than one year of experience in serving the
4 community where housing to be assisted with HOME or other federal funds have been used.
5 C. Organizational Structure. The governing board of WSCDC consists of at least 33
6 percent (33%) residents of low-income neighborhoods, other low-income community residents
7 or elected representatives of low-income neighborhood organizations as evidenced by charter,
8 by-laws or articles of incorporation. WSCDC provides a formal process for low-income
9 program beneficiaries to advise the organization in all of its decisions regarding the design
to development, and management of all affordable housing projects, through its by-laws
11 resolutions or a written statement of operating procedures approved by the governing body
12 While WSCDC may be chartered by the state or a local government, the public body may no
13 appoint more than one-third of the membership of the organization's governing board and n
14 more than one-third of the governing board members are public officials as evidenced by charter,
15 by-laws, or articles of incorporation. Also, if WSCDC is sponsored or created by a for-profi
16 entity, the for-profit entity may not appoint more than one-third of the membership of WSCDC'
17 governing body, and the board members appointed by the for-profit entity may not, in turn,
18 appoint the remaining two-thirds of the board members, as evidenced by the same.
19 D. Relationship with For-Profit Entities. WSCDC is not controlled, nor receive
20 directions from individuals or entities seeking profit from the organization, as evidenced by the
21 organization's by-laws or a memorandum of understanding. WSCDC may be sponsored or
22 created by a for-profit entity, however:
23 1. The for-profit entity's primary purpose does not include the development or
24 management of housing, as evidenced in its by-laws; and
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1 2. WSCDC is free to contract for goods and services from vendor(s) of its own choosing
2 as evidenced in its by-laws, charter or articles of incorporation.
3 II. SCOPE OF SERVICES AND COMPENSATION
4 A. Amount of Grant: Pursuant to the conditions being met in Section 1. Above, City
5 agrees to grant one hundred, fifty thousand dollars ($150,000) (the "Grant") of the 1996-1997
6 1997-1998 and 1998-1999 HOME Investment Partnership funds for the implementation of the
7 Single Family Handyworker Program (the "Program") that WSCDC implements as
8 Community Housing Development Organization (CHDO) pursuant to the HOME Investmen
9 Partnership Act.
10 B. Use of Grant Funds (Scope of Work): The Grant Funds will be used by WSCDC t
11 implement the Single Family, Owner-Occupied, Handyworker Program. WSCDC will provide
12 financial assistance to owner occupants to repair health and safety items, specifically as it relates
13 to repairs required under the uniform building and local codes. Grant Funds may also be used by
14 WSCDC to pay the costs of salaries, wages and other employee compensation as provided for in
15 Exhibit "A" herein. The requirements and limitations on use of these funds by CHDO's are se
16 forth in CFR 92.300 (e) and (f).
17 1. Proiected Budizet (Compensation):
18 The Grant Funds shall be used by WSCDC to carry out the Program and as projected in
19 the budget attached hereto as Exhibit"A" and by this reference is incorporated herein.
20 2. Schedule for completion of tasks:
71 Upon execution of this Agreement, WSCDC agrees to provide the services outlined in the
22 body of this Agreement from May 17, 1999 through May 17, 2000. The Agency Executive
23 Director is hereby authorized, with the concurrence of the other parties to this Agreement, to
24 extend for a period not to exceed ninety (90) days, in order to complete the Program and othe.,
25 obligations required to be performed herein.
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I C. Other Program Requirements
2 1. WSCDC must carry out all activities in compliance with all federal laws an
3 regulations described in Subpart H of 24 CFR 92 and outlined hereinafter, except that WSCDC
4 does not assume the Agency's/City's responsibility for environmental review in Section 92.35
5 or the intergovernmental review process in Section 92.357. These federal laws and regulation
6 must be complied with as follows:
7 a. Equal Opportunity. No person shall be excluded from participation in, be denied the
8 benefits of or be subjected to discrimination under any program or activity funded in
9 whole or in part with HOME funds. In addition, HOME funds must be made available
10 in accordance with all laws and regulations listed in Section 92.350(a).
11 b. Fair Housiniz. In accordance with the certification made with its housing strategy
12 each participating jurisdiction must affirmatively further fair housing. Action
13 described in Section 570.904(c) of Title 11 of the Cranston-Gonzales National
14 Affordable Housing Act will satisfy this requirement.
15 c. Affirmative Marketing. WSCDC must adopt affirmative marketing procedures an
16 requirements for HOME-assisted housing projects of five (5) units or more, i
i7 applicable. These must include:
18 (1) Methods for informing the public;
19 (2) Requirements and practices that WSCDC must adhere to in order to carry out the
20 City/Agency affirmative marketing procedures and requirements;
21 (3) Procedures used by WSCDC to inform and solicit applications from persons in
22 the housing market area who are not likely to apply without special outreach;
23 (4) A description of how WSCDC will assess the success of affirmative marketing
24 actions and what corrective actions will be taken where affirmative marketing
25 requirements are not met.
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I d. Displacement, Relocation and Acquisition. Consistent with the other goals an
2 objectives of this Subpart H of 24 CFR 92, WSCDC must ensure that it has taken all
3 reasonable steps to minimize the displacement of persons (families and individuals) as
4 a result of any project assisted with HOME funds. Moreover, WSCDC agrees that i
5 will not undertake any project activity that will cause displacement of any homeowne
6 in accordance with Section 92.353, without the approval of the City.
7 e. Conflict of Interest. WSCDC will hereby comply with all requirements set forth
8 regarding conflict of interest provisions as they apply in Section 92.356.
9 f. Debarment and Suspension As required in Section 92.357, WSCDC will comply
10 with all debarment and suspension certifications.
11 g. Flood Insurance. Under the Flood Disaster Protection Act of 1973, HOME fund
12 may not be used with respect to the acquisition or rehabilitation of a project located in
13 an area identified by the Federal Emergency Management Agency (FEMA) as having
14 special flood hazards, unless:
15 (1) The community in which the area is situated is participating in the National
16 Flood Insurance Program, or less than a year has passed since FEMA
17 notification regarding such hazards; and
18 (2) Flood insurance is obtained as a condition of approval of the commitment. I
19 the unit is located in an area identified by FEMA as having special flood
20 hazards, upon notification by the Agency or FEMA, WSCDC is responsible fo
21 assuring that flood insurance under the National Flood Insurance Program is
22 obtained and maintained on each unit assisted with Grant Funds, if applicable.
23 2 Hold Harmless. WSCDC agrees to indemnify, defend (upon request by City an
24 Agency), and save harmless the City and Agency, its officers, agents, and employee
25 from any and all liability, expense including defense costs and attorney's fees an
-6-
I claims and losses whatsoever accruing or resulting to WSCDC or any and all
2 contractors, subcontractors, materialmen, laborers and any other person, firm, o
3 corporation furnishing or supplying work, services or supplies in connection with the
4 performance of this Agreement, and from any and all claims and losses accruing or
5 resulting to any person, firm, or corporation who may be injured or damaged by
6 WSCDC in the performance of this Agreement. Without limiting WSCDC'
7 indemnification of City, WSCDC shall provide and maintain at its own expense
8 during the term of this Agreement the following program(s) of insurance covering it
9 operation hereunder. Such insurance shall be provided by insurer(s) satisfactory to
10 City and evidence of such programs satisfactory to City shall be delivered to the
11 Executive Director of the Agency or his designee within ten (10) days of the effective
12 date of this Agreement. The costs, salary and expenses of the City Attorney an
13 members of his office in enforcing this Agreement on behalf of the City or Agency
14 shall be considered as "attorney's fees" for the purposes of this paragraph.
15 General Liability: A program including, but not limited to, comprehensive genera
16 liability with a combined single limit of not less than one million dollars ($1,000,000
17 per occurrence. Such insurance shall be primary to and not contributing with any
18
other insurance maintained by the City/Agency, and shall name the City/Agency as
19
an additional insured. Such insurance shall require that the City/Agency be notified
20
at least ten (10) days in advance of any change or cancellation of said insurance.
21
D. Request for Disbursement of Grant Funds
22
1. WSCDC may request Grant funds weekly or monthly, on a reimbursement basis, fo
23
eligible costs noted in Exhibit "A", up to maximum of $150,000. The amount of each
24
reimbursement request will be limited to the a scope of work and costs approved for each
25
property by Agency staff.
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I E. Records and Reports
2 1. The City will require that WSCDC maintain the following records and reports in order
3 to assist the City in meeting its record keeping and reporting requirements:
4 (a) Records, including individual project and construction records and a running to
5 demonstrating compliance with the applicable provisions of Section 92.508(2) of the HOME
6 Investment Partnership Program; and
7 (b) Continuing compliance with the HOME Program shall be certified and reported t
8 the City on a quarterly basis to comply with HOME reporting requirements.
9 (c) Any other legal reports and/or records requested by the City to document the
10 provisions of all affordable housing projects or programs.
11 2. WSCDC shall retain and provide access to all records for the period of three (3) year
12 from the date of this Agreement in accordance with the requirements of Section 92.508(6)(c) an
13 (d).
14 III. GENERAL PROVISIONS:
15 A. Enforcement of the Agreement
16 1. The City shall have the right, by prior written notice to WSCDC, to enforce by deed
17 restriction, the affordability requirements in Section 92.254, or any other such violation, as is
18 brought to the attention of the City regarding the property(ies) being developed with the use of
19 HOME funds pursuant to this Agreement, if any. In the event of a breach of any condition or
20 provision hereof, the City shall have the right, by prior written notice to WSCDC, to suspend of
21 terminate this Agreement if WSCDC materially fails to comply with any of its terms.
22 2. The City, at its discretion, may terminate this Agreement, in whole or in part, by
23 giving WSCDC written notice in accordance with 24 CFR 85.44, which provides in part that
24 suspension or termination may occur if WSCDC materially fails to comply with any tern of this
25 Agreement.
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I B. Monitoring
2 1. The Executive Director of the Agency (the "Agency"), or his designee, shall be
3 responsible for managing the day-to-day operations of the HOME program; for monitoring the
4 performance of all entities receiving HOME funds from the City to ensure compliance with the
5 requirements of Subpart K, 24 CFR 92, and for taking appropriate action when performance
6 problems arise.
7 2. Not less than quarterly, the Agency will review the activities of WSCDC, to asses
8 compliance with the requirement of Subpart K, 24 CFR 92, as set forth in this Agreement.
9 3. If any real property is developed or housing is financed in whole or in part with
10 HOME funds as described in the Program herein, each review for compliance will include on
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I t site inspection to determine compliance with housing codes and the requirements of Subpart K,
12 24 CFR 92. The results of each review will be included in the City/Agency's performance report
13 required by part 91 of Title II of the Cranston-Gonzales National Affordable Housing Act of
14 1992 and will be made available to the public.
15 C. Notices. Any notice requirement set forth herein shall be deemed satisfied three (3
16 days after mailing of the notice first-class United States certified mail, postage prepaid,
17 addressed to the appropriate party as follows:
18 CHDO: San Bernardino West Side
Community Development Corporation
19 C/O Executive Director
1505 West Highland Avenue, Suite 14
20 San Bernardino, CA 92411
21 Agency: City of San Bernardino
Redevelopment Agency
22 C/O Executive Director
23 201 North "E" Street, Suite 301
San Bernardino, CA 92401
24
Such addresses may be changed by notice to the other party given in the same manner as
25
provided above.
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I D. Attorney's Fees. In addition to any other remedies provided hereunder or available
2 pursuant to law, if either party brings an action or proceeding to enforce, protect or establish an
3 right or remedy hereunder, the prevailing party shall be entitled to recover from the other party
4 its costs of suit and reasonable attorney's fees. The costs, salary and expenses of the City
5 Attorney and members of his office in enforcing the Agreement on behalf of the City or Agency
6 shall be considered as "attorney's fees" for the purposes of this paragraph.
7 E. No Third Parties Benefited. This Agreement is made and entered into for the sole
8 protection and benefit of the City, its successors and assigns, and WSCDC, its permitted
9 successors and assigns, and no other person or persons shall have any right of action hereon.
to F. City to File Notices. WSCDC irrevocably appoints, designates, and authorizes the
1 t City as its agent (said agency being coupled with an interest) to file at its option for record an
12 notices of completion, cessation of labor, or any other notice that the City deems necessary or
13 desirable to protect its interest hereunder.
14 G. Actions. The City shall have the right to commence, appear in, or defend any actin
15 or proceeding purporting to affect the rights, duties, or liabilities of the parties hereunder, or the
16 disbursement of any proceeds of the City allocation of HOME funds.
17 H. Successors and Assigns. The terms hereof shall be binding upon and inure to the
18 benefit of the successors and assigns of the parties hereto; provided, however, that no assignment
19 of WSCDC's rights hereunder shall be made, voluntarily or by operation of law, without the
20 prior written consent of the City, and that any such assignment without said consent shall be
21 void.
2222 I. Construction of Words. Except where the context otherwise requires, words imparting
23 the singular number shall include the plural number and vice versa, words imparting person
24 shall include firms, associations, partnerships and corporations, and words of either gend°r shall
25 include the other gender.
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I J. Partial Invaliditv. If any provision of this Agreement shall be declared invalid, illegal
2 or unenforceable, the validity, legality, and enforceability of the remaining provisions hereo
3 shall not in any way be affected or impaired.
4 K. Governing Law_ This Agreement and any other instruments given pursuant heret
5 shall be construed in accordance with and be governed by the laws of the State of California an
6 the pertinent HOME regulations.
7 L. Amendment. This Agreement may not be changed orally, but only by agreement
8 writing signed by WSCDC and the City.
9 M. Approvals. Where an approval or submission is required under this Agreement, such
10 approval or submission shall be valid for purposes of this Agreement only if made in writing
11 Where this Agreement requires an approval or consent of the City, such approval may be give
12 on behalf of the City by the Executive Director of the Redevelopment Agency or his/he
13 designee who may in his sole discretion submit such approval or consent for consideration by the
14 Mayor and Common Council, if necessary.
15 N. Captions and Headings. Captions and headings in this Agreement are fo
16 convenience of reference only, and are not to be considered in construing the Agreement.
17 O. Entire Agreement. This Agreement shall be executed in three (3) duplicate originals
18 each of which is deemed to be an original. This Agreement includes 12 pages and Exhibit
19 which constitute the entire understanding and agreement of the parties.
20 This Agreement integrates all of the terms and conditions mentioned herein or incidental
21 hereto, and supersedes all negotiations or previous agreements between the parties.
22 P. Authoritv. The individuals executing this Agreement and the instruments reference
23 herein on behalf of WSCDC each represent and warrant that they have the legal power, right an
'4 actual authority to bind WSCDC to the terms and conditions hereof and thereof.
25 HH
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I IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
2 the day and year first above written.
3
4 CITY OF SAN BERNARDINO CHDO
SAN BERNARDINO WEST SIDE
5 COMMUNITY DEVELOPMENT
CORPORATION
6 A California No rof rporatio
7
By: By:
8 Judith Valles, Mayor
9 Valerie Pope-Ludlam
Printed Name
10
President
I 1 Title
12
Approved as to Form and
1' Legal Content:
14
James F. Penman, City Attorney
15
16
By:
17
18
19 P:`.CDBG Dept\NbggieMscUHOME AGREENMWWSCDC.doc
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EXHIBIT "A"
I. Scope of Work(Description of the Handyworker Single Family Grant Program):
A. WSCDC will use the Grant funds to administer, implement and manage a Handyworker
Program which provides grants of up to $5,000 per unit, for owner-occupied single
family units located within the City of San Bernardino (the "Program"):
The Program consists of as follows:
1. WSCDC will advertise the Program if necessary, accept, process and complete
grant applications on a first come, first serve basis and proceed to determine the
eligibility of the homeowner for the Program. Specifically, only homeowners
who have owned and live in their home for not less than 1 year, and meet the
income guidelines shall be eligible to participate in the Program. Furthermore,
WSCDC will insure that first and foremost all health and safety violations are
remedy on each unit assisted under the Program prior to under taking any other
improvements. This requirement will insure that only those owners requiring
work under the uniform building codes or other laws, are assisted prior to all
others, provided that the homeowner meets all other Program criteria.
2. WSCDC shall insure that all owners participating in the Program provide proof of
ownership and occupancy evidencing that the owner has owned and resided in the
home for not less than one year from the date of Grant application.
3. WSCDC shall insure all owners participating in the Program meet the income
guidelines; specifically, any homeowner receiving assistance under the Program
must have an annual income that does not exceed 80% of median income for San
Bernardino County. The City shall provide the income guidelines to WSCDC
annually. Furthermore, WSCDC shall give priority to senior citizens.
4. WSCDC will work with qualified homeowners to determine the scope of work of
each contract in relation to the maximum grant per unit; assist each owner to
establish priorities in relation to health and safety standards;
5. WSCDC will prepare and complete a Scope of Work and costs for each unit,
insure that the homeowner approves the scope of work and will obtain Agency
staff approval prior to undertaking any improvements on each unit.
6. WSCDC will complete the work in accordance with the Agency staff approved
Scope of Work. WSCDC will obtain a final inspection of the Scope of Work
from Agency staff, and, if applicable, the City's Inspection Services Division.
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7. WSCDC will obtain, prior to commencing any work on any unit, necessary
building permits from the City's Inspection Services Division.
8. WSCDC shall process all payments to vendors and subcontractors, if applicable.
9. WSCDC shall maintain a record of each grant transaction as determined
appropriate by the City and submit timely written reports as provided under the
Agreement.
This Scope of Work is not intended to be all in-conclusive, rather, it is intended to serve
as a general guide and set forth basic parameters to assist WSCDC in the implementation,
administration and management of the Program.
II. TYPES OF ELIGIBLE IMPROVEMENTS:
A. Work and materials shall include, but not be limited to, the following:
1. Roofing Repair:
High and Low roofs, standards, and gable, various length of overhand.
2. Electrical Repair:
100 amp service, replace box, wiring, riser, breakers.
3. Plumbing Repair:
Fix leaks, clean main line, install water savers, replace sink diverter valves.
4. Flooring Repair:
Repair breaks and cracks, replace the over concrete, replace vinyl over wood,
minor carpet repair and replacement.
5. Heating and Cooling Repair:
Install vents for gas, install water heater insulator blanket.
6. Replace/Repair Doors and Windows:
Frames, jams, hinges, hollow and solid core doors, re-screening (no burglar
alarms, no swinging doors).
7. Handicapped Access and Safety Devices:
Grab bars, shower handles, install ramps.
8. Securitv Devices:
Dead bolts, window locks and peepholes.
9. Sanitation and Debris Removal:
10. Painting:
Exterior walls as needed. Interior walls and ceilings as needed.
11. Walkwav Repair:
Minor cement and asphalt replacement.
12. Fencing Repairs:
Repair or replacement of wood or chain link gates.
13. All other health and safety code violations identified in the UBC or local codes.
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