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Home My WebLink AboutR46-Economic Development Agency CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FROM: Emil A. Marzullo Interim Executive Director SUBJECT: Transfer of Community Developmeut Block Grant and Emergency Shelter Grant Program Administration to the City of San Bernardino effective July 1, 2011, and the approval of the Sub-Recipient Agreement for the Home Investment Partnership Act (HOME) Grant Program Administration with Affordable Housing Solutions of San Bernardino, Inc., as tbe designee of the Redevelopment Agency of the City of San Bernardino DATE: June 14,2011 SVDODSis of Previous Commission/CounciI/Committee Action(s): On May 19, 201 I, Redevelopment Committee Members Johnson and Marquez unanimously voted to recommend that the Mayor and Common Council consider this action for approval. Recommended Motion(s): (Mavor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino (I) approving the transfer of Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) Programs Administration to the City of San Bernardino effective July I, 2011, and (2) approving and authorizing the City Manager to execute the Sub-Recipient Agreement for Home Investment Partnership Act Grant Program (HOME) Administration with Affordable Housing Solutions of San Bernardino, Inc., as the designee of the Redevelopment Agency of the City of San Bernardino mtact Person(s): ---------------------------------------------------- Musibau Arogrmdade, Project Manager Phone: (909) 663-1044 Project Area(s): N/A Ward(s): All Wards Supporting Data Attached: 0 Staff Report 0 Resolutlon(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s) 2011-2012 HOME Allocation, Program Income FUNDING REQUIREMENTS: Amount: $ 3,234,403 Source: and Reallocated Funds Budget Authority: Signature. &b-.- Emil A. Marzullo, Inter' . Fiscal Review: Lori Panzin /-- N/A hiefFinancial Officer Commission/Council Notes: -------------------------- ------ ----- --- --- __n_ __nn ____ _____ __n _ ___ _nn ____u__n_ _n_ P,\AgendasIComm Dev Commission\CDC 2011\06-20_11 Transfer HOME Sub-Recipient Agreement to City & ,\HS SR.doc COMMTSSION MEETING AGENDA Meeting Date: 06/20/2011 Agenda Item Number: /2..l.{lp ------------------------_________________n_______________________________________ ECONOMIC DEVELOPMENT AGENCY STAFF REPORT TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT AND EMERGENCY SHELTER GRANT PROGRAM ADMINISTRATION TO THE CITY OF SAN BERNARDINO EFFECTIVE JULY 1, 2011, AND THE APPROVAL OF THE SUB-RECIPIENT AGREEMENT FOR THE HOME INVESTMENT PARTNERSHIP ACT (HOME) GRANT PROGRAM ADMINISTRATION WITH AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO, INC., AS THE DESIGNEE OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BACKGROUND: The Redevelopment Agency of the City of San Bernardino ("Agency") was charged with and directed by the Mayor and Common of the City of San Bernardino ("Council") for the past twenty years to administer all Federal Entitlement Grant Program funds such as the Community Development Block Grant ("CDBG"), Emergency Shelter Grant ("ESG") and the Home Investment Partnership Act Grant ("HOME") for compliance with Federal Regulations and Guidelines on behalf of the City of San Bernardino ("City"). Recently, the City has expressed a desire to directly administer the CDBG and ESG Programs. This report is prepared to authorize the transfer of both the CDBG and ESG programs administration and compliance with Federal Regulation and Guidelines to the City. In order for the Agency to continue to administer the HOME Program for the City, HOME regulations require that a Sub-Recipient Agreement be executed. In this case, it is recommended that the Sub-Recipient Agreement be entered into by and between the City and Affordable Housing Solutions of San Bernardino, Inc., as the designee of the Redevelopment Agency of the City of San Bernardino. CURRENT ISSUE: The Agency has prepared and submitted the 2011-2012 Entitlement Grant application for CDBG, ESG and HOME to the U.S. Department of Housing and Urban Development ("HUD") for review and approval. In anticipation of receiving funds for these grants, the City must: I) Assign staff to implement the programs after applying for and receiving security clearance for the HUD Integrated Disbursement and Information System ("IDIS"); and 2) Execute the Grant Agreements with HUD when the 20 I 1-2012 Grant application is approved. The Agency will provide to the City: I) A copy of the 2011-2012 grant application submitted to HUD, the Five-Year Consolidated Plan and the 2011-2012 Action Plan; 2) The Federal Regulations and Guidelines for each grant program; 3) The 2011-2012 Public Service applications submitted and approved for grant funding in each individual file in compliance with the National Environmental Policy Act ("NEP A") and the California Environmental Quality Act ("CEQA"); ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- P:V\gendas\Comm Dev CommissionlCDC 201 ]106-20_11 TransferHOJ\.1E Sub-Recipient Agreement to Cily& AHS SRdoc COl\f1\1ISSION MEETING AGENDA Meeting Date: 06/20/2011 Agenda Hem Number: I2lfCf Economic Development Agency Staff Report u~*rCDBG&&Gho~=A~m~~MnwOry Effective July 1, 2011 Page 2 4) A Sub-Recipient Agreement of each local non-profit Agency approved for FY2011-2012 CDBG funding prior to July I, 20 II; 5) A record of funding activities for tbe past five years; 6) A detailed list of tbe CDBG and ESG fund balances as of August I, 2011, which will be transferred to tbe City; and 7) The CDBG and ESG Operations manual. In addition, Agency Staff will facilitate the transition period by introducing City staff to tbe appropriate HOO representatives and assist, as necessary, through the end of August, 2011. Agency Staff will also close-out, prepare, and submit to HOO the required year-end 2010-2011 Consolidated Action Plan Evaluation Report (tbe "CAPER"). Affordable Housing Solutions of San Bernardino, Inc. ("ARS") was created to administer the Neighborhood Stabilization Program ("NSP") and Agency housing activities for compliance witb tbe program regulations and guidelines. AHS is set-up to administer tbe HOME program for compliance witb program regulations and guidelines. As a result, it is proposed that tbe City enter into a Sub- Recipient Agreement witb AHS to implement the HOME program on behalf oftbe City. ENVIRONMENTAL IMPACT: The requested action is exempt under Section 15332 ofCEQA and 24 CFR 58.34(a) (3) of the NEPA guidelines because the proposed action is for program administration and compliance. FISCAL IMPACT: None. RECOMMENDATION: That the Mayor and Common Council adopt tbe attached Resolution. d~Ld~ Emil A. Marzullo, Interitt?Executive Director -------------~----------------------------------------------------------~--------------------------------------------------------------------------------------------------------------------- P:\Agendas\Comm Dev Commission\CDC 2011\06_20_1 1 Transfer HOME Sub-Recipient Agreement to City & AHS SRdoc CO MMISS [ON MEETING A G END A Meeting Date: 06/20/2011 Agenda Item Number: JlJ,((p 1 2 3 4 RESOLUTION NO. 5 6 7 8 9 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO (1) APPROVING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS ADMINISTRATION TO THE CITY OF SAN BERNARDINO EFFECTIVE JULY 1, 2011, AND (2) APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUB-RECIPIENT AGREEMENT FOR HOME INVESTMENT PARTNERSHIP ACT GRANT PROGRAM (HOME) ADMINISTRATION WITH AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO, INC., AS THE DESIGNEE OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 10 11 12 13 14 15 WHEREAS, the City of San Bernardino is an entitlement city and eligible to participate in the United States Department of Housing and Urban Development's ("HUD") Community Development Block Grant ("CDBG"), HOME and Emergency Shelter Grant ("ESG") Programs; and WHEREAS, on May 3, 2010, the Mayor and Common Council of the City of San Bernardino ("Council") approved the City's Five-Year Consolidated Plan and the 2010-2011 Action Plan that is required to guide and identify needs which the City will address incrementally for the 2010-2015 period; and WHEREAS, on May 2, 2011, the Council approved the City's Federal Grant applications for entitlement Grant Funding and the 2011-2012 Action Plan and Analysis of Impediments to Fair Housing Choices Actions of the Five-Year Consolidated Plan to HUD for funding consideration and approval; and 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, it is desired by the City that the Redevelopment Agency of the City of San Bernardino ("Agency") transfer the Community Development Block Grant and Emergency Shelter Grant Programs Administration to the City of San Bernardino effective July 1, 2011; and WHEREAS, it is requested that the Agency continue to administer the Home Investment Partnership Act Grant ("HOME") Program through the designee, Affordable Housing Solutions of San Bernardino, Inc.; and 1 1 WHEREAS, it is desired that the City Manager be authorized to execute the Sub-Recipient 2 Agreement for the HOME Program Administration; and 3 WHEREAS, in compliance with the California Enviromnental Quality Act ("CEQA") and 4 the National Enviromnental Protection Act ("NEPA") guidelines, the transfer of the CDBG and 5 ESG Programs to the City and the execution of the Sub-Recipient Agreement is exempt under 6 Section 15332 ofCEQA and 24 CFR 58.34(a) (3) of the NEPA guidelines because the proposed 7 action is required for program administration and compliance. 8 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 10 FOLLOWS: 11 Section 1. That the Mayor and Common Council hereby: (1) approve the transfer of 12 Community Development Block Grant and Emergency Shelter Grant programs to the City of San 13 Bernardino effective July 1,2011, and (2) approve and authorize the City Manager to execute the 14 Sub-Recipient Agreement for HOME Program Administration with Affordable Housing Solutions 15 of San Bernardino, Inc., as the designee of the Redevelopment Agency of the City of San 16 Bernardino. 17 Section 2. That the Mayor and Common Council finds and determines that in compliance 18 with the California Environmental Quality Act ("CEQA") and the National Enviromnental 19 Protection Act ("NEPA") guidelines, the transfer of the CDBG and ESG Programs to the City and 20 the execution of the Sub-Recipient Agreement is exempt under Section 15332 of CEQA and 24 21 CFR 58.34(a) (3) of the NEP A guidelines because the proposed action is required for program 22 administration and compliance. 23 Section 3. This Resolution shall take effect upon its adoption and execution in the manner 24 as required by the City Charter. 25 / / / 26 / / / 27 / / / 28 / / / 2 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO (1) APPROVING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS ADMINISTRATION TO THE CITY OF SAN BERNARDINO EFFECTIVE JULY 1,2011, AND (2) APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUB-RECIPIENT AGREEMENT FOR HOME INVESTMENT PARTNERSHIP ACT GRANT PROGRAM (HOME) ADMINISTRATION WITH AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO, INC., AS THE DESIGNEE OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, ,2011, by the following vote, to wit: Navs Abstain Absent 18 KELLEY 19 JOHNSON MC CAMMACK 20 21 Rachel G. Clark, City Clerk 22 The foregoing Resolution is hereby approved this 23 24 25 day of ,2011. Patrick J. Morris, Mayor City of San Bernardino 26 Approved as to Form: 27 28 . 3 HOME INVESTMENT PARTNERSHIP ACT FUND SUB-RECIPIENT AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND AFFORDABLE HOUSING SOLUTIONS OF SAN BERNARDINO, INC., A CALIFORNIA NON-PROFIT CORPORATION 1 P:\AgendaslAgenda AttachmentslAgenda Attachments\Agrmts-Amend 2011\06-20-1\ HOME - Sub-Recipient Agreement City & AHS.docx HOME INVESTMENT PARTNERSHIP ACT FUND SUB-RECIPIENT AGREEMENT This Agreement is entered into this 20th day of June, 2011 ("Agreement"), by and between the City of San Bernardino, a municipal corporation and charter city, hereinafter referred to as the "City" and Affordable Housing Solutions of San Bernardino Inc., a California non-profit corporation ("AHS"), hereinafter referred to as the "Sub-Recipient". WITNESSETH WHEREAS, the City has entered into a contract with the United States Department of Housing and Urban Development ("HUD") to implement the City's HOME Investment Partnership Act Fund ("HOME") Program under Title 11 of the Cranston-Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the City desires to designate Affordable Housing Solutions of San Bernardino, Inc. ("AHS"), to administer its Federal Entitlement Grant Program - Home Investment Partnership Act ("HOME") as the Sub-Recipient ("Sub-Recipient"); and WHEREAS, the Agency has contracted with AHS to administer NSPI, HOME and other Federal and State Housing Funds; and WHEREAS, the Sub-Recipient is designated to carry-out all actions necessary to implement the HOME Program objectives of providing and preserving affordable housing to eligible lower income individuals and households; and WHEREAS, the City and the Sub-Recipient desire to cooperate in the implementation of the HOME Program by reason of experience, preparation, organization, staffing, and facilities to provide homes and services for the benefit of low-, moderate- and middle-income persons; and WHEREAS, in addition to other sources of funding and other program opportunities, the Mayor and Common Council of the City of San Bernardino ("Council") as the governing body of the City seeks to engage the Sub-Recipient to assist the City in utilizing its HOME funds for the production and preservation of affordable housing in the City as approved in the 2010-2015 Consolidated Plan and the 2011-2012 Action Plan. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: OPERATIVE PROVISIONS I. Incorporation of Recitals The Recitals set forth above are true and correct and are incorporated into this Agreement as though fully set forth herein. 2 P:\Agendas\Agenda Attachments\Agenda Attachmenls\Agrmts-Amend 2011\06-20-11 HOME - Sub.Recipienl Agreement City & AHS.docx 2. Sub-Recipient's Name The name of the non-profit Sub-Recipient shall be the Affordable Housing Solutions of San Bernardino, Inc., as adopted in the Sub-Recipient's bylaws and stated in the amended Articles ofIncorporation. Any substitution of name shall require a majority vote of the Sub-Recipient's Board of Directors as approved by the governing body of the City. 3. Supervision of Sub-Recipient A. The Staff of the City (or its successor) as designated in Exhibit "B" or their designee shall be responsible for the direction of any work to be performed by the Sub-Recipient and any other consultants or sub-consultants under this Agreement. The Sub-Recipient shall not undertake any work under the terms of this Agreement, unless instructed to do so by one of the designated staff members. B. The Sub-Recipient shall obtain approval for its activIties affecting the acquisition, rehabilitation and disposition of real estate and procurement of services by the Board of Directors of Sub-Recipient without any further approval by the City. 4. Organization of Sub-Recipient A. The Sub-Recipient's purpose is to act on behalf of the City to implement the HOME program's goal of producing and preserving affordable housing for eligible low- and moderate-income individuals and households as set forth herein. B. Sub-Recipient Administration: 1. The Sub-Recipient shall be comprised of a five-member Board of Directors ("Board") consisting of the Interim Executive Director of the Agency, the Housing and Community Development Director of the Agency, the Interim Chief Financial Officer of the Agency, and two additional members appointed by other members of the Board. General legal counsel to AHS shall be provided by counsel to the Agency. 11. The Board will notify the City immediately upon the appointment of new Board members. iii. The Interim Executive Director of the Agency shall serve as the Chairman of the Board and the Chief Executive Officer ("CEO") of the Sub-Recipient and shall have the authority to convene meetings of the Sub-Recipient, as needed. Administrative oversight and daily management of Sub-Recipient activities shall be controlled by its Chief Operating Officer ("COO") who also serves as the Director of Housing for the Agency. 5. Sub-Recipient Funding and Support A. The Agency shall provide all staffing for the Sub-Recipient for completion of the services described in the Scope of Services set forth in Exhibit "A". 3 P:lAgendaslAgenda Attachments\Agenda AttachmentslAgrmts-Amend 2011\06-20-11 HOME - Sub-Recipient Agreement City & AHS,docx B. The City shall, through this Agreement, authorize HOME funds be made available to the Sub-Recipient to fund acquisitions, rehabilitations, re-sales and rentals as more thoroughly discussed in Section 8 below, provided such acquisitions, rehabilitations and re-sales are appropriate and in compliance with HOME regulations and program guidelines approved by HUD. Initial amounts allocated to Sub-Recivient: Source of Funds: Dollar Amount: 2011-2012 HOME allocation Prior year's program income and CHDO Funds Carry-over CHDO Funds Total $1,493,051 $ 501,770 $1,400,000 $3,394,821 6. Scope ofSub-Recivient Services The Sub-Recipient shall perform all the services described and set forth in the Scope of Services attached hereto as Exhibit "A" to this Agreement and incorporated herein by this reference. The Sub-Recipient hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Agreement and within the time periods identified by the appropriate representative. 7. Time of Performance Said services of the Sub-Recipient are to commence upon execution of this Agreement, and shall continue until terminated by either Party. This Agreement shall specifically apply to the 2011-2012 HOME allocation and may continue in full force and effect until either (i) all 2011- 2012 HOME funds and program income have been fully expended or (ii) similar appropriations of HOME funds for subsequent fiscal years have likewise been fully expended as for said HOME funds and program income. Nothing contained herein shall require the City to appropriate HOME funds for subsequent fiscal years nor shall the parties be obligated to utilize this Agreement for any such future appropriations. 8. Initial Capital Allocation A. The Sub-Recipient shall be funded through an initial allocation of $3,394,821, as indicated by the amount described in Section 5.B. above to address HOME objectives. This amount shall be determined to be the Initial Capital Allocation of HOME funds. B. Subsequent HOME Program funding allocations may be authorized based on need and funding availability. Any future allocations shall be subject to Council approval and must be for the promotion of affordable housing opportunities within the City. 4 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011106-20-11 HOME - Sub-Recipient Agreement City & AHS.docx 9. Records Retention Records, maps, field notes and supporting documents and all other records pertaining to the use of funds disbursed to the Sub-Recipient hereunder shall be retained by the Sub-Recipient and available for examination and for purposes of performing an audit for a period of five (5) years from the date of project or activity initiation and completion or for a longer period, as required by law. Such records shall be available to the City and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Sub-Recipient. If the Sub-Recipient does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m., Monday through Friday, excluding federal and state government holidays. In the event of litigation or an audit relating to this Agreement or funds paid to the Sub-Recipient under this Agreement, such records shall be retained by the Sub-Recipient until all such litigation or audit has been resolved. 10. Acquisition Procedures Upon the review and analysis of specific properties by Sub-Recipient Staff, the COO, shall make a recommendation for acquisition that shall be presented to the Board of the Sub- Recipient. Based upon a majority vote of the Board in support of each such proposed acquisition, the COO and Staff or agents shall negotiate the acquisition of said properties under the terms and conditions approved by the Board and detailed in the "Use of Allocated Funds" section. 11. Use of Allocated Funds A. HOME Funds shall be used for the acquisition of foreclosed upon and abandoned properties to be rehabilitated and resold to income eligible households and acquired, rehabilitated and rented to eligible tenants. The Sub-Recipient shall hold title to the properties acquired until they are resold to Eligible Households, or other qualified non- profit and/or for-profit organizations to own, maintain and manage based upon covenants and other deed restrictions imposed to promote affordable housing. In addition, HOME funds may also be used for any and all further rehabilitation, redevelopment and other program development efforts pursuant to loans or grants as may then be permitted pursuant to the HOME rules and regulations. B. At a time deemed appropriate by the COO, properties shall be forwarded to the Board for consideration to acquire. Upon a majority vote of the Board, the Sub-Recipient shall enter into escrow for said properties. Authority to sign the necessary paperwork to enter into escrow shall be given to the COO, or in his/her absence, the CEO. C. Not less than five (5) business days prior to close of escrow, Staff shall request that funds necessary to acquire the properties in escrow be drawn from the appropriate source and deposited into a segregated account deemed appropriate by the Interim Finance Director serving in his/her capacity as Chief Financial Officer ("CFO") of the Sub-Recipient. At the appropriate time identified in the escrow instructions, the CFO shall transfer these funds into escrow in order to close the transaction at which time the Sub-Recipient shall hold title to the properties until their final disposition at a later date. 5 P:\Agendas\Agenda AttachmentslAgenda AttachmentslAgrmts-Amend 201 ]\06-20-1] HOME - Sub-Recipient Agreement City & AHS,docx D. At the time of Initial Capital Allocation the Sub-Recipient shall have the authority to acquire properties deemed appropriate under the Program and/or under the programmatic requirements of the specific funding source. In all instances, property acquisition shall be conducted utilizing sound real estate practices deemed necessary for the specific transaction to include, but not limited to, the review of: (1) the preliminary title report; (2) phase I environmental study, when applicable; (3) property environmental assessment; (4) current appraisal report; (5) property inspection and cost estimate report. 12. Requirements for Transfer of Property A. Sub-Recipient shall have the responsibility of: i. assuring that all transfers of properties to Eligible Homeowners purchasing the acquired foreclosed homes after rehabilitation contain a deed covenant assuring affordability for fifteen (15) years, and running with the land and that separate Affordability Covenant documents will be executed by the Eligible Homeowners and recorded against the applicable properties; 11. verifying that required notices are recorded against the rehabilitated properties to evidence affordability covenants; iii. providing a homeowner's education program for each homeowner whereby such homeowners are aware of the affordability and resale restrictions; IV. ensuring that sales are not made to investors and that the property shall only be sold to Eligible Homebuyers as a principal place of residence; and v. ensuring that all properties rehabilitated pursuant to the Program are sold at a price not greater than the lesser of the total cost of acquisition or the appraised value of the property. 13. Accounting A. The Sub-Recipient shall establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles, practices, and standards. B. At all times, the CFO shall maintain the financial books and records of the Sub- Recipient separate and apart from other Agency financial records. C. The Board shall provide an annual audit report and an annual audit of the list of properties acquired and demolished or rehabilitated and resold, as well as an accounting of all HOME funds received and expended for each category of expenditures. The CFO shall maintain the books of the Sub-Recipient in order to conduct such annual reports and audits as may be necessary per HUD or other governmental and/or regulatory bodies. 6 P:\Agendas\Agenda AUachmenlslAgenda Allachmenls\A~,'lmts-Amend 2011\06_20_11 HOME - Sub-Recipient Agreement City & AHS.docx D. For expenses incurred by the Sub-Recipient, the CFO shall have the authority to pay them from Agency funds and request reimbursement from HUD and/or other sources deemed appropriate by the Board and, if applicable, the Council. E. The COO and hislher staff shall maintain accurate lists/records ofthe following: 1. all homeowners by property; 11. all contractors by property; 111. the acquisition price of the foreclosed homes; IV. the rehabilitation funds required for each home; v. the resale price of each home; and VI. the amount of any other down payment assistance from the Sub-Recipient or the Agency. 14. Regular Reporting Requirements A. The Sub-Recipient shall commit to a City-approved program to provide periodic monitoring of compliance of each homeowner purchasing a HOME acquired foreclosed home. B. Within thirty (30) calendar days after the end of each calendar quarter, the COO shall provide a status report to the Council and the Community Development Commission of the City of San Bernardino ("Commission") regarding the activities of the Sub- Recipient. Such report shall detail, among other things: funds expended to date, progress made on acquisition activities, any relocation that has occurred, properties resold to private owners, demolitions completed and properties rehabilitated. 15. Authoritv to Enter into Agreements Recommendations for the Sub-Recipient to enter into all third party service agreements shall be made by the COO to the Board who must approve of such recommendations by a majority vote. The third party service agreements and the other obligations incurred pursuant thereto shall be obligations solely of the Sub-Recipient and not that ofthe City. 16. Dates and Times of Board Meetings Board meetings shall occur on the second Friday of each month unless a time earlier is deemed necessary. Any Board member shall have the right to call a special meeting of the Board provided that all Board members have been given at least twenty-four (24) hours prior written notice or otherwise are in attendance at such special meeting regardless of the notice, if any, given to such Board member. 17. Compliance with Laws and Assurances The Sub-Recipient hereby assures and certifies that it has complied and will continue to comply with the Act and all applicable federal, state and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of federal funds for this federally-assisted Program. This Agreement is subject to all such laws, ordinances, regulations, policies and guidelines, including, without limitation, Title 24, Code of Federal Regulations, 7 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts--Amend 2011\06-20-\] HOME - Sub-Recipient Agreement City & AHS.docx Part 85; Part 92, Part 570; and U.S. Office of Management and Budget Circulars applicable including, without limitation, A-87, A-95, A-IIO, A-122 and A-128. 18. Affirmative Action The Sub-Recipient shall make every effort to ensure that all projects funded wholly or in part by HOME funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, the Sub-Recipient shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or as a result of this Program. 19. Discrimination A. No person shall, on the grounds of race, sex, creed, color, religion or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment supported by this Agreement. B. The Sub-Recipient shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Agreement. Without limitation, the Sub- Recipient hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. C. Further, the City, and the Sub-recipient shall promote affirmative action in their hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the City and the Sub-Recipient shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 20. Changes in Grant Allocation The City, through the Council, may grant additional funds at its discretion for use by the Sub- Recipient to assure the successful completion ofthe Program. 21. Notices All notices herein required shall be in writing. Notices shall be sent by prepaid First Class Mail to the following Address: To the City: City of San Bernardino Attention: Charles McNeely, City Manager 300 North "D" Street, Sixth Floor San Bernardino, California 92418 Phone: (909) 384-5122 Fax: (909) 384-5138 8 P:\AgendasIAgenda Attachments\Agenda AttachmentslAgrmts-Amend 2011\06-20-11 HOME - Sub-Recipient Agreement City & AHS.docx To the Sub-Recipient: Affordable Housing Solutions of San Bernardino, Inc. Attention: Carey K. Jenkins, Chief Operating Officer 201 North "E" Street, Suite 301 San Bernardino, California 92401 Phone: (909) 663-1044 Fax: (909) 888-9413 22. Assignment Except for an assignment to a successor of the Sub-Recipient or to the Agency, this Agreement is not assignable by the Sub-Recipient without the express prior written consent of the City, which consent shall be given in the City's sole discretion. Any attempt by the Sub-Recipient to assign any performance of the terms of this Agreement shall be null and void and shall constitute a material breach of this Agreement upon which the City may, among its other remedies, and without limitation, cancel, terminate or suspend this Agreement. 23. Termination (a) This Agreement may be terminated at any time by either Party upon giving its thirty (30) day notice in writing to the other Party. The CEO or hislher designee is hereby empowered to give said notice, subject to ratification by the Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in HOME funding. Further, and not withstanding any other provision of this Agreement, if the Sub-Recipient materially fails to comply with any term of this Agreement, the City may take anyone or more of the following actions, as appropriate in the circumstances: (i) temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient or more severe enforcement action by the awarding City; (ii) wholly or partly suspend or terminate the current award for the Program; (iii) withhold further awards for the Program; or (iv) take other remedies that may be legally available. Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with Title 24, Code of Federal Regulations, Part 85.44. 24. Program Income Any and all Program Income (as defined at Title 24, Code of Federal Regulations, Part 570.500(a)) received by the Sub-Recipient during the term of this Agreement shall be used and applied by the Sub-Recipient and upon any termination of this Agreement shall immediately be returned to the City. Any and all Program Income on-hand with the Sub-Recipient at the time of the expiration of this Agreement, or received by the Sub-Recipient after the expiration of this 9 P:\AgendaslAgenda Attachments\Agenda Attachments\Agrmts-Arnend 201 ]\06-20-11 HOME - Sub-Recipient Agreement City & AHS,docx Agreement, shall be paid to the City pursuant to the provisions of this Agreement as further provided in Section 25 below. 25. Reversion of Assets Upon the expiration or termination of this Agreement, for any reason whatsoever, the Sub- Recipient shall forthwith transfer to the City, HOME funds on-hand at the time of such expiration or termination and any accounts receivable attributable to the use of HOME funds including, without limitation, Program Income. 26. Fiscal Limitations HUD may in the future place programmatic or fiscal limitations on HOME funds not presently anticipated. Accordingly, the City reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, the City may reduce the Allocated Funding of this Agreement, and may, at its sole discretion, limit the Sub-Recipient's authority to commit and spend funds. Where HUD has directed or requested the City to implement a reduction in funding, with respect to funding for this Agreement, the City Manager or hislher Designee may act for the City in implementing and effecting such a reduction and in revising the Agreement for such purpose. The City Manager or hislher Designee may act for the City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days' prior written notice to the Sub-Recipient of hislher intention to so act. In no event, however, shall any revision made by the City affect expenditures and legally binding commitments made by the Sub-Recipient before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. 27. Use of Funds for Entertainment. Meals or Gifts The Sub-Recipient certifies and agrees that it shall not use funds provided through this Agreement to pay for entertainment, meals or gifts. 28. Release, Indemnification. and Hold Harmless The Sub-Recipient shall defend (if requested by the City), release, indemnify and hold the City and the Agency, their officers, officials, attorneys, agents, employees, and authorized volunteers, harmless from and against any loss, liability, claim or damages that may arise or result from activities of the Sub-Recipient, its officers, agents, and employees and, shall, at its own costs, expense and risk, defend any and all legal proceedings that may be brought against the City and the Agency on any claim, demand or alleged liability, and shall satisfY any settlement or judgment that may be rendered against any of them arising or resulting from activities of the Sub-Recipient, and shall assume liability for any and all direct expenses incurred in providing services pursuant to this Agreement and shall assume any and all responsibilities for loss or damage resulting from negligence, injury, illness or disease arising out of the provision of services. The Sub-Recipient, however, is obligated to promptly notify the City and the Agency in writing of any such loss or damage. 10 P\Agendas\Agenda Anachments\Agenda Attachments\Agrmts-Amend 2011\06-20-11 HOME - Sub-Recipient Agreement City & AHS.docx 29. Insurance Requirements The Sub-Recipient shall secure and maintain throughout the terms of this Agreement the following types of insurance with limits as shown: A. Statutory Worker's Compensation Insurance. The Sub-Recipient shall require the carriers of this coverage to waive all rights of subrogation against the City and their officers, volunteers, employees, contractors and subcontractors. The Sub-Recipient shall maintain all California statutory requirements of One Million Dollars ($1,000,000) limit and shall provide a waiver of subrogation in favor of the City. B. Comprehensive General and Automobile Liability Insurance. The Sub-Recipient shall obtain general liability insurance on a per occurrence basis with a combined single limit of One Million Dollars ($1,000,000); and automobile liability insurance for owned, hired and non-owned vehicles on a per occurrence basis with a combined single limit of One Million Dollars ($1,000,000). Additional insured endorsements are required for general and automobile liability policy coverage. Additional insured shall be listed as: "The City and the Agency, their officers, officials, attorneys, agents, employees and authorized volunteers" C. Other Requirements and Acceptable Proof of Insurance. 1. All insurance coverage must be maintained throughout the duration of this Agreement. 11. Insurance companies must have an A.M. Best Rating ofB+VII or better. iii. Policy deductibles must be stated for each coverage. Deductibles greater than Five Thousand Dollars ($5,000) must include a letter of credit. IV. Acceptable Proof of Insurance: a. ACCORD Certificate of Insurance listing all coverage, limits, deductibles and insurers; and blanket endorsements for all applicable coverage if agent has authority to issue it; or b. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City and the Agency. NOTE: Insurance binders are only valid for thirty (30) days and may need to be reissued if the policy endorsements are still pending. Binders may be issued for a maximum of three, thirty (30) day periods. II P:\Agendas\Agenda Attachments\Agenda Allachments\Agrmts-Amend 2011\06_20_11 HOME - Sub-Recipient Agreement City& AHS.docx The Sub-Recipient shall furnish certified copies of all policies and endorsements to the City and the Agency, evidencing the insurance coverage above required, five (5) business days prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days prior written notice to the City and the Agency, and shall maintain such insurance from the time the Sub- Recipient commences performance of services hereunder, until the completion of such services. An inventory of such insurance shall be completed by the Sub-Recipient and approved by the City and the Agency prior to the commencement of performance of services hereunder. All policies, with respect to the insurance coverage required above, except for the worker's compensation coverage, shall contain additional insured endorsements naming the City and the Agency, and their officers, agents, employees and volunteers as additional named insured, with respect to liabilities arising out ofthe performance of services hereunder. 30. Conflict ofInterest The Sub-Recipient, its agents and employees shall comply with all applicable federal, state, and city laws and regulations governing conflict of interest. To this end, the Sub-Recipient will make available or shall provide copies of all applicable federal, state, and City laws and regulations governing conflict of interest, to its agents and employees. 31. Program Monitoring The Sub-Recipient shall maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD and the City, to assure proper accounting for all HOME funds authorized under this Agreement. The Sub-Recipient will permit on-site inspection by the City and HUD representatives, and ensure that its employees and board members furnish such information, as in the judgment of the City and HUD, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness, legality and achievements of the Program. All the Sub-Recipient records, with the exception of confidential client information, shall be made available to representatives of the City and appropriate federal agencies. The City Manager or his/her designee will conduct periodic Program progress reviews. These reviews will focus on the extent to which the planned Program has been implemented and measurable goals achieved, the effectiveness of Program management and the impact of the Program. 32. Religious Proselytizing or Political Activities The Sub-Recipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. 33. Audits The Sub-Recipient is required to arrange for an independent financial and compliance audit annually for each fiscal year Federal funds are received under this Agreement. An audit may also be conducted by Federal, State or local funding source agencies as part of the City's audit 12 P:\Agendas\Agenda Anachments\Agenda Attachments\Agnnts-Amend 2011\06-20-11 HOME - Sub-Recipient Agreement City & AHS.docx responsibilities. The results of the independent audit must be submitted to the City within thirty (30) days of completion. Within thirty (30) days of the submittal of the audit report, the Sub-Recipient shall provide a written response to all conditions or findings reported in said audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency, within six (6) months after receipt of the audit report. The City, and its authorized representatives shall, at all times, have access for the purpose of audit or inspection to any and all books, documents, papers, records, property, and premises of the Sub-Recipient, whose staff will cooperate fully with authorized auditors when they conduct audits and examinations of the Program. 34. Counterparts This Agreement may be executed in three (3) counterparts. When executed, each counterpart shall be deemed an original, irrespective of date of execution. Said counterparts shall together constitute one and the same Agreement. 35. Severabilitv Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 36. Amendment or Modification This Agreement may only be modified or amended by written instrument duly approved and executed by each of the Parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the Parties hereto, following all necessary approvals and authorizations for such execution. 37. Governing Law This Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 38. Compliance with Law The Sub-Recipient shall comply with all local, state and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Sub- Recipient under this Agreement. The Sub-Recipient shall maintain all necessary licenses and registrations for the lawful performance of the work required of the Sub-Recipient under this Agreement. 13 P:\Agendas\Agenda Allachmenls\Agenda AttachmenlslAgrmts-Amend ZOll\06-20-11 HOME - Sub-Recipient Agreement City & AHS.docx 39. Non-Waiver Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. 40. Representations of Persons Executing the Agreement The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the respective Party that each purports to represent. 41. Default and Remedies A. Events of Default: The occurrence of any of the following shall, after the giving of any notice described therein, constitute a default by Sub-Recipient hereunder ("Event of Default"): 1. The failure of the Sub-Recipient to payor perform any monetary covenant or obligation hereunder or any of the documents executed in connection herewith, without curing such failure within ten (10) calendar days after receipt of written notice of such default from the City (or from any party authorized by the City to deliver such notice as identified by the City in writing to the Sub-Recipient); 11. The failure of the Sub-Recipient to perform any nonmonetary covenant or obligation hereunder or any of the documents executed in connection herewith, without curing such failure within thirty (30) calendar days after receipt of written notice of such default from the City (or from any party authorized by the City to deliver such notice as identified by the City in writing to the Sub-Recipient) specifying the nature of the event or deficiency giving rise to the default and the action required to cure such deficiency; provided, however, that if any default with respect to a nonmonetary obligation is such that it cannot be cured within a thirty (30)-day period, it shall be deemed cured if the Sub-Recipient commences the cure within said thirty (30)-day period and diligently prosecutes such cure to completion thereafter. B. Notwithstanding anything herein to the contrary, the herein described notice requirements and cure periods shall not apply to any Event of Default described in Sections (i.) through (iv.) below: 1. The material falsity of any representation or breach of any warranty or covenant made by the Sub-Recipient under the terms of this Agreement or any documents executed in connection herewith; 11. The Sub-Recipient shall (a) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian or the like of its property, (b) make a general assignment for the benefit of creditors, (c) be adjudicated as bankrupt or insolvent or (d) commence a voluntary case under the Federal bankruptcy laws of the United States of America or file a voluntary petition that is not withdrawn 14 P:\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2011\06-20-11 HOME - Sub-Recipient Agreement City & AHS.docx within ten (10) calendar days after the filing thereof or answer seeking an arrangement with creditors or an order for relief or seeking to take advantage of any insolvency law or file an answer admitting the material allegations of a petition filed against it in any bankruptcy or insolvency proceeding; 111. Voluntary cessation of the operation of the Project for a continuous period of more than thirty (30) calendar days or the involuntary cessation of the operation of the Project in accordance with this Agreement for a continuous period of more than sixty (60) calendar days, unless such cessation is approved, in writing, by the City; IV. A mechanic's lien or any other type of encumbrance on any eligible property resulting from the Sub-Recipient's failure to fulfill its financial or other contractual obligations with respect to any of its vendors or sub-contractors is not removed within ten (10) calendar days after receipt of written notice of such default from the City (or from any party authorized by the City to deliver such notice as identified by the City, in writing, to the Sub-Recipient). C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties under this Agreement are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. D. The City's Remedies: Upon the occurrence of an Event of Default hereunder, the City, or its designated agent(s), may, in its sole discretion, take anyone or more of the following actions: 1. By notice to the Sub-Recipient declare that the entire unused amount of HOME funds must be immediately repaid to the City, and the same shall become due and payable without further demand, protest or further notice of any kind, all of which are expressly waived; II. Subject to any non-recourse provisions in this Agreement, take any and all actions and do any and all things which are allowed, permitted or provided by law, in equity or by statute, to enforce performance and observance of any obligation, agreement or covenant of the Sub-Recipient under this Agreement or under any other document executed in connection herewith; 111. Cease allowing the Sub-Recipient access to any HOME funds unless and until the Event of Default (if curable) is cured; IV. Demand reimbursement from the Sub-Recipient for any payments made to it by the City or the City for which the contracted work product was not satisfactorily delivered by the Sub-Recipient; 15 P:\Agendas\Agenda AttachmentslAgenda Attachments\Agrmts-Amend 2011\06-20-\] HOME - Sub-Recipient Agreement City & AHS,docx v. Confiscate any material or other work product purchased or produced by the Sub-Recipient for the Project; VI. Take any and all actions and do any and all things which are allowed, permitted or provided by law, in equity or by statute, to enforce performance and observance of any obligation, agreement or covenant of the Sub-Recipient under this Agreement or under any other document executed in connection herewith. E. City Default and Sub-Recipient Remedies: Upon fault or failure of the City, to meet any of its obligations under this Agreement without curing such failure within thirty (30) calendar days after receipt of written notice of such failure from the Sub-Recipient specifying the nature of the event or deficiency giving rise to the default and the action required to cure such deficiency, the Sub-Recipient may, as its sole and exclusive remedies: 1. Bring an action in equitable relief seeking the specific performance by the City or the City of the terms and conditions of this Agreement or seeking to enjoin any act by the City or the City which is prohibited hereunder; and/or 11. Bring an action for declaratory relief seeking judicial determination of the meaning of any provision of this Agreement. Without limiting the generality of the foregoing, the Sub-Recipient shall in no event be entitled to, and hereby waives any right to seek indirect or consequential damages of any kind or nature from the City arising out of or in connection with this Agreement, and in connection with such waiver the Sub-Recipient is familiar with and hereby waives the provisions of Section 1542 of the California Civil Code which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MA TERIALL Y AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 42. Consequential Damages and Limitation of Liabilitv The City and the Sub-Recipient agree that except as otherwise provided in this Section 42, in no event will either be liable to the other under this Agreement for any damages including, but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 42 shall apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Sub-Recipient and the City, their employees or sub-consultants. 43. Business Registration Certificate The Sub-Recipient warrants that it possesses, or shall obtain immediately after the execution and delivery of this Agreement, and maintain during the period of time that this Agreement is in effect, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, together with any and all other licenses, permits, qualifications, insurance and 16 P:\Agendas\Agenda Attachments\Agenda AlI8chmentslAgnnts-Amend 2011\06-20-11 HOME - Sub-Recipient Agreement City & AHS.docx approvals of whatever nature that are legally required to be maintained by the Sub-Recipient to conduct its business activities within the City. 44. Legal Proceedings Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this agreement between the Parties, it shall be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "legal fees" for the purposes of this paragraph. 45. Exhibits The Exhibits to this Agreement designated as Exhibit "A" and Exhibit "B" are an integral part of this agreement and have each been incorporated herein. The Agreement shall not become effective until such time as the Sub-Recipient has properly filled out and fully executed each exhibit to this Agreement, as required, and the Sub-Recipient COO or his/her designee has reviewed and approved the form and content of each Exhibit. 46. Entire Agreement /1/ //1 This Agreement constitutes the entire agreement between the Parties. This Agreement supersedes all prior negotiations, discussions and agreements between the Parties concerning the subject matters covered herein. The Parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. //1 /1/ /1/ /1/ /1/ /1/ //1 17 P:\AgendasIAgenda AttachmentslAgenda Attachments\Agrmls-Amend 2011\06-20-11 HOME - Sub-Recipient Agreement City & AHS.docx IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY City of San Bernardino a municipal corporation and charter city Date: By: Charles E. McNeely, City Manager Approved as to Form: SUBRECIPIENT Affordable Housing Solutions of San Bernardino, Inc. a California non-profit corporation Date: By: Carey K. Jenkins, Chief Operating Officer Approved as to Form: RY'~ Agency Co seI ATTEST: By: Secretary 18 P:\Agendas\Agenda Artachments\Agenda Attachments\Agrmts-Amend 201\\06-20-11 HOME - Sub-Recipient Agreement City & AHS.docx EXHIBIT" A" Scope of Services The Sub-Recipient shaH be responsible for carrying-out the foHowing: Acquisition and rehabilitation of abandoned andlor foreclosed residential properties; new construction of single-family and or rental units, acquisition of vacant land for development of single-family and or rental units; conversion of existing property to affordable housing units and acquisition and rehabilitation of manufactured housing units for income eligible individuals and households, and any and aH further rehabilitation, redevelopment and other program development efforts pursuant to loans or grants as may then be permitted pursuant to the HOME rules and regulations.. III III III III III III III III III III III III III III III III III III III 19 P:\Agendas\Agenda Attachments\Agenda Allachments\Agnnls-Amend 2011\06-20-11 HOME - Sub-Recipient Agreement City & AHS.docx EXHIBIT "B" Supervisory Staff Personnel City Staff: Charles E. McNeely, City Manager /1/ //1 /1/ /1/ //1 //1 //1 /1/ /1/ //1 /1/ /1/ //1 //1 /1/ //1 /1/ /1/ 20 P:\Agendas\Agenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011\06-20-1] HOME - Sub-Recipient Agreement City & AHS,doo::