HomeMy WebLinkAboutCDC/2010-45
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RESOLUTION NO. CDC/2010-45
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AGREEMENTS BY AND BETWEEN THE AGENCY AND THE
OLDTIMERS FOUNDATION FOR THE ADMINISTRATION OF A) THE
MOBILE HOME GRANT PROGRAM AND B) THE ELDERLY/SPECIAL
NEEDS MINOR REPAIR GRANT PROGRAM, SUBJECT TO ANNUAL
FUNDING AVAILABILITY
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established an affordable housing improvement program known as the "Single-Family Residential
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has
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Revitalization Program" (the "Program"); and
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WHEREAS, the purpose of the Program IS to provide low- and moderate-income
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homeowners ("Qualified Homeowners") who reside in the City of San Bernardino (the "City"), with
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a special source of loan and grant funds to undertake certain housing rehabilitation and correction
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work (including asbestos and lead containing materials abatement work, handicap accessibility
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improvements and building code deficiency corrections) and certain exterior landscape and
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structural beautification improvements of owner-occupied, single-family residential dwelling units;
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and
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WHEREAS, the application of the proceeds of such loans and grants to such work by the
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Qualified Homeowners under the specifications of the Program promotes and expands the supply 0
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affordable housing in the City and fosters the elimination and prevention of blight; and
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WHEREAS, the Agency, on behalf of the City, together with The Oldtimers Foundation
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("Foundation"), desire to enter into a new Agreement as set forth herein to be in full force and effect
23 from and after the date of this Agreement for an amount of $92,000 from the Agency's Low and
24 Moderate Income Housing Fund to NHSIE to implement a Elderly/Special Needs Minor Repair
25 Grant Program as per the provisions of the Agreement, a copy of which is attached hereto as Exhibit
26 "A", for a 3-year term during the fiscal years of 2010-2011,2011-2012 and 2012-2013 subject to
27 and conditioned upon annual renewal by the Agency and performance by the Foundation for the
28 three (3) year term of this Agreement; and
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1 WHEREAS, the City has received formula HOME Investment Partnership allocation for
2 Fiscal Year 2010-2011 and anticipates receiving said funds yearly thereafter, from the u.S.
3 Department of Housing and Urban Development ("HUD") to carry out eligible activities in
4 accordance with federal program requirements at 24 CFR 92 (the "Mobile Home Grant Program"),
5 and the Agency is designated by the Mayor and Common Council of the City of San Bernardino
6 ("Council") to administer such Mobile Home Grant Program on behalf of the City; and
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WHEREAS, the Agency, on behalf of the City, together with the Foundation, desire to enter
8 into a new Agreement as set forth herein to be in full force and effect from and after the date of this
9 Agreement for an amount of$184,000, from the Agency's HOME Funds to IHDC to implement a
10 Mobile Home Grant Program as per the provisions of the Agreement, a copy of which is attached
11 hereto as Exhibit "B", for a 3-year term during the fiscal years of2010-2011, 2011-2012 and 2012-
12 2013 subject to and conditioned upon annual renewal by the Agency and the City receiving its
13 annual allocation of federal HOME Funds and performance by the Foundation for the three (3) year
14 term of this Agreement.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
16 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
17 FOLLOWS:
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Section 1.
The Community Development Commission of the City of San Bernardino
19 ("Commission") hereby approves the Agreement as of the date of said Agreement. The
20 Commission authorizes and directs the Interim Executive Director of the Agency to execute the
21 Agreement together with such nonsubstantive modifications as deemed necessary and as approved
22 by the Interim Executive Director of the Agency, with the concurrence of Agency Counsel,
23 between the Agency and the Foundation, in an amount not to exceed $92,000 annually, for a period
24 of 3 fiscal years comprised of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned
25 upon annual renewal by the Agency and performance by the Foundation for the three (3) year term
26 of this Agreement, in accordance with the provisions of the Agreement, a copy of which is attached
27 hereto as Exhibit "A" and incorporated herein by reference.
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CDC/2010-45
1 The Commission hereby approves the Agreement as of the date of said Agreement. The
2 Commission authorizes and directs the Interim Executive Director of the Agency to execute the
3 Agreement together with such nonsubstantive modifications as deemed necessary and as approved
4 by the Interim Executive Director of the Agency, with the concurrence of Agency Counsel,
5 between the Agency and the Foundation, in an amount of $184,000, for a period of 3 fiscal years
6 comprised of 2010-2011, 2011-2012 and 2012-2013 subject to and conditioned upon annual
7 renewal by the Agency and the City receiving its annual allocation of federal HOME Funds and
8 performance by The Foundation for the three (3) year term of this Agreement, in accordance with
9 the provisions of the Agreement, a copy of which is attached hereto as Exhibit "B" and
10 incorporated herein by reference.
11 Section 2.
12 Commission.
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This Resolution shall take effect from and after its date of adoption by this
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CDC/2010-45
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AGREEMENTS BY AND BETWEEN THE AGENCY AND THE
OLDTIMERS FOUNDATION FOR THE ADMINISTRATION OF A) THE
MOBILE HOME GRANT PROGRAM AND B) THE ELDERLY/SPECIAL
NEEDS MINOR REPAIR GRANT PROGRAM, SUBJECT TO ANNUAL
FUNDING AVAILABILITY
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a i oint regular
9 thereof, held on the 2nd day of August
10 Commission Members: Ayes
11 MARQUEZ -----L-
12 DES JARDINS X
13 BRINKER x
14 SHORETT x
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15 KELLEY x
JOHNSON X
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MC CAMMACK
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meeting
, 2010, by the following vote to wit:
Nays
Abstain
Absent
X
~~
Secretary . .
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The foregoing Resolution is hereby approved this 477-1 day of August
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,2010.
~~
atric . Morris~
Co nity Development Commission
of the City of San Bernardino
Approved as to Form:
~: By: ~~4:f;
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Exhibit A
The Oldtimers Foundation
Mobile Home Grant Program Agreement
CDC/2010-45
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO
MOBILE HOME GRANT PROGRAM AGREEMENT
(HOME Funds)
THIS MOBILE HOME GRANT PROGRAM AGREEMENT (this "Agreement"), is
made and entered into this 2nd day of August, 2010 (the "Effective Date"), by and between the
Oldtimers Foundation, a California non-profit corporation (the "Contractor") and the
Redevelopment Agency of the City of San Bernardino (the "Agency"), a public body, corporate
and politic. The Agency and the Contractor agree as follows:
RECIT ALS
WHEREAS, the City of San Bernardino (the "City") has received formula HOME
Investment Partnership allocation for Fiscal Years 2010 and 2011 and anticipates receiving said
funds yearly thereafter, from the federal Department of Housing and Urban Development
("HUD") to carry out eligible activities in accordance with federal program requirements at 24
CFR 92, and the Agency is designated to administer such Program on behalf of the City; and
WHEREAS, the Agency administers the Mobile Home Grant Program which grants
funds to low-income owners of mobile homes who reside in the City, in the County and in the
State to permit, without limitation, such low-income mobile home owners to make certain
housing rehabilitation and correction work necessary to improve the quality of their mobile
homes in accordance with this Agreement (the "Program"); and
WHEREAS, the Mobile Home Grant Program promotes and expands the supply of
affordable housing in the City and fosters the elimination and prevention of blight; and
WHEREAS, the Agency desires to allocate an amount not to exceed the sum of One
Hundred Sixty Thousand Dollars ($160,000) annually of HOME Funds, for a period of three (3)
years to the Contractor for the Mobile Home Grant Program, per 24 CFR 92.208(a); and
WHEREAS, the Agency desires to execute a three (3) year Program Agreement with the
Contractor, renewable annually subject to as set out here and the City's receiving its annual
Federal HOME Grant from HUD; and
WHEREAS, the Contractor is desirous of participating in actIVItIes eligible under
HOME, and further agrees that the beneficiaries of its activities under the Mobile Home Grant
Program and this Agreement, are or will be individuals or families who meet the income
eligibility guidelines at Title 24 CFR part 92.217; and
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WHEREAS, the Agency deems the activities to be provided by the Contractor as
consistent with and supportive of the HOME Funds Program and is consistent with the City's
2010-2015 Consolidatyd Plan and Housing Element; and
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WHEREAS, the Agency will monitor and administer the Contractor to ensure
compliance with all HOME Funds Program requirements, and that the Contractor will comply
with all program requirements under 24 CFR 92.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS MENTIONED
ABOVE, THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONTRACTOR IN
THIS AGREEMENT AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE
AGENCY AND BY THE CONTRACTOR, THE AGENCY AND THE CONTRACTOR
AGREE AS FOLLOWS:
Section 1. DEFINITIONS OF CERTAIN TERMS. In addition to the words and
phrases, which are defined in the Recitals of this Agreement and/or in this Agreement, the
following words and terms shall have the meaning set forth below:
"County Recorder's Office" means and refers to the county recorder's office for
the County of San Bernardino, State of California.
"Environmental Laws" mean and refer to all applicable federal, state, municipal
and local laws, statutes, codes, ordinances, rules, regulations, orders and
judgments relating to the protection or clean-up of the environment, the use,
treatment, storage, transportation, generation, manufacture, processing,
distribution, handling or disposal of, or emission, discharge or other release or
threatened release of hazardous substances, the preservation or protection of
waterways, groundwater, drinking water, air, wildlife, plants or other natural
resources, the health and safety of persons, or the protection of the health and
safety of employees, now or hereafter existing, as the same may be amended,
modified or supplemented from time to time, including, without limitation: the
Clean Air Act, as amended, 42 U.S.C. Section 7401 et seq.; the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.; the Resource
Conservation and Recovery Act of 1976, as amended, 42 D.S.C. Section 6901 et
seq.; the Comprehensive Environment Response, Compensation and Liability Act
of 1980, as amended (including the Superfund Amendments and Reauthorization
Act of 1986, "CERCLA"), 42 U.S.c. Section 9601 et seq.; the Toxic Substances
Control Act, as amended, 15 D.S.C. Section 2601 et seq.; the Occupational Safety
and Health Act, as amended, 29 U.S.c. Section 651, the Emergency Planning and
Community Right-to-Know Act of 1986, 42 U.S.c. Section 11001 et seq.; the
Safe Drinking Water Act, as amended, 42 U.S.C. Section 300f et seq.; the
California Health and Safety Code (9 25100 et seq., 925249.5 et seq., 9 39000 et
seq.); the California Water Code (9 13000 et seq.); the California Environmental
Quality Act ("CEQ4\"); the California Public Resources Code; all comparable
state and local laws, laws of other jurisdictions or orders and regulations; and any
and all common law requirements, rules and bases of liability regulating, relating
to or imposing liability or standards of conduct concerning pollution or protection
of human health or the environment, as now or may at any time hereafter be in
effect.
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"Executive Director" means and refers to the Interim Executive Director of the
Agency and his or her authorized representatives.
"General Contractor Agreement" means and refers to the Mobile Home Grant
Program General Contractor Agreement by and between the Qualified
Homeowner and the contractor identified therein (the "General Contractor") as
approved, in writing, by the Contractor. The General Contractor Agreement
relates, without limitation, to the construction, installation and completion by the
General Contractor of the Work described in the General Contractor Agreement.
The General Contractor Agreement shall be executed by and between the
Qualified Homeowner and the General Contractor and shall be accepted, in
writing, by the Contractor. The General Contractor Agreement shall be
substantially similar to the General Contractor Agreement attached hereto and
incorporated herein by this reference as Exhibit "B".
"Grant" means and refers to each grant transaction approved, granted and made
by the Agency to or for the benefit of the Qualified Homeowner in accordance
with this Agreement. Each Grant made by the Agency to the Qualified
Homeowner may not exceed Five Thousand Dollars ($5,000). The Qualified
Homeowner shall pay all amounts that exceed the Grant Funds paid by the
Agency for the benefit of the Qualified Homeowner under the Program to enable
the Qualified Homeowner to complete the Improvements in connection with the
Qualified Homeowner's Mobile Home. For each year during the term of this
Agreement, the Contractor will attempt to approve, complete, process, conduct
and finalize a minimum of thirty-two (32) Grants.
"Grant Application" means and refers to the Mobile Home Grant Program
Application as fully completed and executed by the Qualified Homeowner. The
Grant Application shall be submitted by the Qualified Homeowner to the
Contractor and the Contractor shall verify that the Grant Application is complete.
Each Grant Application shall contain the information relating to the Qualified
Homeowner and the proposed "use of the Grant Funds by the Qualified
Homeowner. The Contractor shall require all Qualified Homeowners to complete
the Grant Application substantially similar to the Grant Application attached
hereto and incorporated by reference as Exhibit "D."
"Grant Approval Agreement" means and refers to the Mobile Home Grant
Program Work Approval and Fund Release Agreement by and between the
Qualified Homeowner and the Contractor. The Grant Approval Agreement,
without limitation, dlotifies the Qualified Homeowner that the Agency has
awarded the Grant to the Qualified Homeowner. The Grant Approval Agreement
must be executed by the Qualified Homeowner and by the Contractor and must be
substan~ially similar to the Grant Approval Agreement attached hereto and
incorporated herein by this reference as Exhibit "E".
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"Grant Disbursement Account" means and refers to a separate custodial deposit
account, which the Contractor shall establish with an FDIC-insured depository
institution for the receipt and disbursement of the Grant Funds in connection with
the approval, granting and making by the Agency to the Qualified Homeowner of
the Grant under the Program in accordance with this Agreement. Such deposit
account agreement among the Contractor, the Agency and such depository
institution shall be in a form and substance as reasonably satisfactory to the
Agency. The Contractor shall create and maintain a separate Grant Disbursement
Account for each Grant approved, granted and made by the Agency for the benefit
of each Qualified Homeowner. No other funds of the Contractor shall be
deposited or co-mingled in the Grant Disbursement Account. The Contractor
shall serve as the trustee of the Agency in the administration of all of the Grant
Funds or deposit in each Grant Disbursement Account, including any interest as
may accrue thereon.
"Grant Documents" mean and refer to the following: (i) the Grant Application,
(ii) the Grant Approval Agreement, and (iii) this Agreement and such other
agreements, documents, instruments and/or certifications relating to or in
connection with the Grant to the Qualified Homeowner, the Grant Funds and/or
the Grant Disbursement Account.
"Grant Funds" mean and refer to the funds delivered by the Agency to or for the
benefit of a Qualified Homeowner in connection with the Grant that the Agency
has approved and granted to the Qualified Homeowner in accordance with this
Agreement. Each Grant made by the Agency to the Qualified Homeowner may
not exceed Five Thousand Dollars ($5,000). The Qualified Homeowner shall
timely pay all amounts that exceed the Grant Funds paid by the Agency to or for
the benefit of the Qualified Homeowner under the Program in order to construct,
install, perform and/or complete the Improvements in connection with the
Qualified Homeowner's Mobile Home.
"Hazardous Substances" mean and refer to any pollutant, contaminant, waste and
any toxic, carcinogenic, reactive;' corrosive, ignitable, flammable or infectious
chemical, chemical compound or substance or otherwise hazardous wastes, toxic
or contaminated substances or similar materials, including, without limitation, any
quantity of asbestos, urea formaldehyde, PCBs, radon gas, lead, lead-based paint,
crude oil or any fraction thereof, all forms of natural gas, petroleum products, by-
products or derivatives, radioactive substances, methane, hydrogen sulfide or
materials, pesticides, waste waters, or sludges, any of the above of which are
subject to regulation, control or remediation under any Environmental Laws.
c
"HOME Funds Program" means and refers to that certain Home Investment
Partnership Program as set forth at 24 Code of Federal Regulations, part 92, et
seq., fn?m which the Agency will make and will fund the Grant to and for the
benefit' of the Qualified Homeowner. The Agency and the Contractor will offer
the Grant to a Qualified Homeowner who earns not more than eighty percent
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(80%) of the current annual median income for the San Bernardino County area,
adjusted for family size (as those terms are defined by California Health and
Safety Code Section 50053.5) as further illustrated in Exhibit "A" of this
Agreement (the "2010 Income Limits") and subject to annual adjustments.
"Improvements" mean and refer, without limitation, to the following types of
eligible improvements to the Qualified Homeowner's Mobile Home that will be
permitted under the Program: (i) roof replacement (metal aluminum, composition
shingle, including carport and awnings), and (ii) replacement of siding and
skirting, patios and porches, stair units (carpet and handrails), carport columns,
water heaters, HV AC, evaporative cooling units, ceilings paneling (interim), sub-
flooring repair and finished floors, refrigeration units and counter tops, handicap
fixtures and units, appliances (limited to stovetops, wall ovens, exhaust hoods),
doors and windows.
"Laws" mean and refer to all federal, state, municipal and local laws, statutes,
codes, ordinances, regulations, rules, orders or judgments, now or hereafter in
effect, as amended from time to time, including, without limitation, the
Environmental Laws, all applicable building, plumbing, mechanical, electrical
and health and safety codes and City ordinances.
"Lead Based Paint Acknowledgment" means and refers to the "Lead Based Paint
Acknowledgment of Receipt" as executed by the Qualified Homeowner and the
General Contractor. The Lead Based Paint Acknowledgment acknowledges
receipt by the Qualified Homeowner of the Lead Based Paint Pamphlet from the
General Contractor. The Lead Based Paint Acknowledgment is attached hereto
and incorporated herein by this reference as Exhibit "F".
"Lead Based Paint Disclosure" means and refers to the "Lead Based Paint
Disclosure" by and between the Qualified Homeowner and the General
Contractor. The Lead Based Paint Disclosure is to be executed by the General
Contractor and by the Qualified Homeowner and is attached hereto and
incorporated herein by this reference as Exhibit "G".
"Low Income Housing Funds" mean and refer to the Low Income Housing Funds
that the Agency intends to use to make the Grant to or for the benefit of the
Qualified Homeowner in accordance with this Agreement. The Agency and the
Contractor will offer the Grant to a Qualified Homeowner who earns not more
than eighty percent (80%) of the current annual median income for the San
Bernardino County area, adjusted for family size (as those terms are defined by
California Health a~ Safety Code Section 50053.5) as further illustrated in
Exhibit "A" of this Agreement and subject to annual adjustments.
"Mobil~ Home" means and refers to the mobile home unit (the "Mobile Home
Unit") owned by the Qualified Homeowner and the land on which the Mobile
Home is located, whether such land is owned, leased or used by the Qualified
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Homeowner. The Mobile Home Unit must be built on or after 1980, the Mobile
Home must be located in the City and the Qualified Homeowner must reside in
the Mobile Home as its principal residence.
"Program" means and refers to the program created, administered and maintained
by or for the Agency in connection with the Grant, the disbursement by the
Agency to the Contractor of the Grant Funds to or for the benefit of each
Qualified Homeowner in accordance with this Agreement and the performance
and completion by the Contractor of the Services. Upon written notice from the
Agency, the Contractor shall offer the Program to Qualified Homeowners in the
specific Target Area or Target Areas as may be designated, in writing, .by the
Agency to the Contractor from time to time during the term of this Agreement. In
the absence of specific direction from the Executive Director of the Agency, the
Contractor shall offer the Program on an as-needed, first-come, first-served basis,
to Qualified Homeowners throughout the City for the term of this Agreement.
However, in case of an emergency, of an urgent need or of a life-threatening
situation, the Contractor may process a Grant Application ahead of other Grant
Applications subject to the approval by the Executive Director.
"Qualified Homeowner" means and refers to: (i) a person or household which
owns the Mobile Home Unit and occupies the Mobile Home as its principal
residence within the City or within a Target Area of the City, as may be
specifically designed, in writing, from time to time by the Agency for at least
twelve (12) continuous months preceding the date of submission of its Grant
Application to the Contractor, (ii) has a personal or household income level,
adjusted for family size, during the twelve (12) months preceding the date of
submission of its Grant Application to the Contractor within the ranges of income
for low income households, adjusted for family size, as set forth in Exhibit "A",
(iii) must complete, execute and submit the Grant Application to the Contractor,
(iv) must agree to live in its Mobile Home, as its principal residence, for not less
than one (1) year after the execution by the Qualified Homeowner of the Grant
Documents, (v) must execute and acknowledge, where appropriate, all Grant
Documents, and (vi) must have reeeived written notice from the Agency, from the
City or from any other governmental authority, including, without limitation, the
City's Building and Safety Division, advising the Qualified Homeowner that the
Mobile Home Unit owned by the Qualified Homeowner is in violation of Title 25
of the Mobile Home Park Act and/or is in violation of any other applicable
legislation, local codes or other Laws. and (vii) must not be the recipient of a loan
or other grant from the Agency for the past ten (10) years. On a case-by-case
basis, the Executive Director of the Agency, in its sole and absolute discretion,
may waive this one Q) year residency requirement.
"Services" mean and refer, without limitation, to the Program origination, the
preparation, execution and delivery of the Grant Documents, the Grant Fund
disbursement control, related accounting, Work monitor (course of construction
builder contract) services and other services to be provided by the Contractor to or
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for the benefit of the Agency in accordance with this Agreement. The various
elements of the Services are more fully set forth in the "Scope of Services"
attached hereto as Exhibit "C." For each year of the Agreement, the Contractor
will attempt to approve, complete, process, conduct and finalize thirty-two (32)
Grants to Qualified Homeowners.
"Target Area" or "Target Areas" mean and refer to the specific area, areas,
neighborhood or neighborhoods in the City in which the Agency has instructed
the Contractor to offer the Program to Qualified Homeowners to better maximize
the effectiveness of the Grant Funds, or in any other specific area, areas,
neighborhood or neighborhoods hereinafter created by the Agency "and/or
throughout the City, excluding County territory, as amended from time to time by
the Agency in its sole and absolute discretion. Should the Agency request the
Contractor to offer the Program to a specific Target Area or Target Areas, the
Agency shall consult with and provide in writing the Target Area or Target Areas
to the Contractor. The Contractor shall then offer the Program to Qualified
Homeowners in the specific Target Area or Target Areas until the Contractor is
otherwise advised in writing from the Agency, as such Target Area or Target
Areas may be adjusted and amended from time by the Agency in its sole and
absolute discretion. In the absence of specific direction from the Executive
Director of the Agency, the Contractor shall offer the Program on an as-needed,
first-come, first-served basis, to Qualified Homeowners throughout the City.
However, in the case of an emergency, of an urgent need or of a life-threatening
situation, the Contractor may process a Grant Application ahead of other Grant
Applications subject to the approval of the Executive Director.
"Work" means and refers, without limitation, to the Improvements, or any part
thereof, to be constructed, installed, performed and/or completed by a state-
licensed General Contractor on, at or in connection with each Mobile Home
pursuant to the terms, covenants and conditions of the General Contractor
Agreement. Only the Improvements and/or the items of Work set forth in the
General Contractor Agreement shall be authorized for payment by the Contractor,
up to the maximum amount authoHzed under the terms of the Program for such
Improvements, or any part thereof. Any costs of Improvements and/or of the
Work in excess of the maximum amount of the Program which are not the fault of
such General Contractor shall be paid for by the Qualified Homeowner unless
approved in writing by the Executive Director.
Section 2. PERFORMANCE BY CONTRACTOR AND BY AGENCY. The
Contractor and the Agency shall perform the terms, covenants and conditions of this Agreement.
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Section 3. SCOPE OF SERVICES. The Contractor agrees to provide the Services
to the Agency as set forth herein, as described in the Scope of Services. Promptly following the
date of approval of t4is Agreement by the governing board of the Agency, the Contractor,
without limitation, shall or will continue to:
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(A) cause the Grant Disbursement Account to be established, or maintained, and the
general form of an FDIC - insured deposit account agreement acceptable to the Agency to be
fully executed by the Contractor, by the depository institution and by the Agency within thirty
(30) calendar days following the date of approval of this Agreement;
(B) continue to use the general form of the Grant Application in connection with an
application by a Qualified Homeowner for the approval by the Agency to the Qualified
Homeowner of the Grant under the Program in accordance with this Agreement. The applicant
for the Grant must submit to the Contractor federal and state income tax returns filed by the
applicant with the appropriate taxing authorities for the past two (2) years which tax returns must
be acceptable to the Contractor in its sole and absolute discretion;
(C) subject to the completion of the tasks described in Section 3(A) and in Section
3(B) above, continue the process of receiving and reviewing Grant Applications and provide the
Services as provided for in the Agreement. The Contractor shall offer the Program to Qualified
Homeowners in the Target Area or in the Target Areas specifically determined and designated by
the Agency or, if no Target Area is or no Target Areas are specifically determined and
designated by the Agency, then on an as-needed, first-come, first-served basis, to Qualified
Homeowners throughout the City; provided, however, in the case of an emergency, of an urgent
need or of a life-threatening situation, the Contractor may process a Grant Application ahead of
other Grant Applications subject to the approval of the Executive Director;
(D) transmit a copy of a completed set of the Grant Documents to the Executive
Director of the Agency, together with: (i) a recommendation from the Contractor to the Agency
to approve the Grant Application and the Grant to the Qualified Homeowner, and (ii) a request
from the Contractor to the Agency for a transfer of the Grant Funds by the Agency for the
account of the Qualified Homeowner. The Executive Director shall either authorize the funding
of such Grant or reject the request for funding on behalf of the Agency within ten (10) business
days of receipt from the Contractor. Any rejection of a Grant Application shall be in writing and
shall state the reasons for such action. Each acceptance of a Grant Application by the Agency
shall be evidenced by the signature of the Executive Director of the Grant Documents, where
designated. All Grant Documents shall be completed by the Qualified Homeowner and by the
Contractor, and the disbursement of Grant Funds by the Agency to or for the benefit of the
Qualified Homeowner shall occur within sixty (60) calendar days following the date of
submission by the Contractor to the Executive Director of the funding request, or the Grant
Documents shall be of no further force or effect;
(E) no fees, charges or expenses shall be payable by any applicant to the Contractor
or to the Agency for a Grant, except from the Grant Funds, nor shall the Contractor charge a
Qualified Homeowner for any cost or service in connection with the origination or subsequent
administration of the Grant during Jhe time the Improvements and/or the Work is constructed,
installed, performed and/or completed at the Home, or as authorized under the Program by the
Executive Director;
(F) instruct the Executive Director to transfer the Grant Funds for the account of each
Qualified Homeowner to the Grant Disbursement Account as set forth in Section 3(D), above,
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upon confirmation by the Contractor that the Grant Documents for the Program are executed,
acknowledged, where designated, and complete;
(G) deliver a fully executed and acknowledged, where designated, original set of the
Grant Documents for each Grant to the Agency upon request of funding and transfer of the Grant
Funds for the account of the Qualified Homeowner to the Grant Disbursement Account;
(H) verify that no Grant Funds are disbursed from the Grant Disbursement Account
for the account of a Qualified Homeowner except: (i) to pay a state-licensed General Contractor
and/or state-licensed subcontractor for the Improvements and/or for the Work constructed,
installed, performed and/or completed at the Mobile Home pursuant to the General Contractor
Agreement, less a ten percent (10%) retention pending completion of the Improvements and/or
of the Work and final executed written release of all mechanics and materials liens from the
General Contractor and/or from all subcontractors. No disbursement of the Grant Funds from
the Grant Disbursement Account shall be authorized for any building materials or equipment
items which are not physically delivered at the Mobile Home before the date of payment of such
Grant Funds to the General Contractor and/or to the subcontractor or (ii) to pay a Grant title fee
or cost amount expressly authorized in writing by the Executive Director;
(1) prepare and maintain a Grant Funds disbursement ledger for all payments
authorized and made by the Contractor to the General Contractors and/or to the subcontractors
for the account and debit to each Qualified Homeowner under each Grant made by the Agency to
or for the benefit of the Qualified Homeowner in accordance with this Agreement. Such ledger
shall show each payment by date and reference the particular Grant, Grant Documents and name
of the Qualified Homeowner to which it corresponds. Such ledger shall also include a monthly
starting and ending balance for the Grant Disbursement Account, a final. reconciliation of the
adjusted balance of each Grant upon the completion of the Improvements and/or of the Work,
and such other accounting information as the Executive Director may request. A copy of such
ledger shall be submitted to the Executive Director each month with the first such monthly
submittal due on the first day of the next month following the date of the initial deposit of the
Grant Funds by the Contractor and/or by the Agency into the Grant Disbursement Account;
(1) No Improvements and/or Work shall be authorized for payment by the Contractor
unless the Grant Documents are complete and the Contractor has received a fully executed copy
of the General Contractor Agreement by and between the General Contractor and the Qualified
Homeowner. Once the Improvements and/or the Work has commenced on a particular Mobile
Home, neither the Qualified Homeowner, the General Contractor nor the subcontractor shall
authorize an amendment or modification of such contract to include any item of Work, which is
not eligible for payment using the Grant Funds under the terms and conditions of the Grant under
the Program. Each such contract by and between the General Contractor and the Qualified
Homeowner, the General Contrac~r and the subcontractor, and/or the subcontractor and the
Qualified Homeowner shall include a section, which recites the words of the first two (2)
sentences of this Section 3(1).
Section 4. TIME OF PERFORMANCE OF SERVICES. The Services to be
performed hereunder by the Contractor shall be undertaken and completed in such sequence as to
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assure expeditious completion and to best carry out the purposes of the Program and this
Agreement. All Services required hereunder shall begin upon the execution of this Agreement.
Section 5. TERM OF AGREEMENT. This Agreement shall take effect upon
approval by the governing board of the Agency and the complete execution by the parties. The
Agreement shall remain in effect through June 30, 2013, subject to annual approval and
appropriation by the United States Department of Housing and Urban Development ("HUD").
The term of this Agreement shall be for three (3) years from the Effective Date through June
30t\ 2013; provided, however, that each year as part of the Agency's budget process, Agency
staff shall review the Contractor's performance under this Agreement, including, but not limited
to whether goals have been met as shown by the quarterly updates. In the event the Agency
determines that the Contractor's goals need to be modified as set out in this Agreement, the
Agency may modify the goals and compensation therefore. Notwithstanding, in the event that
HUD terminates or reduces funding for this program, this Agreement may be adjusted or
terminated accordingly.
Section 6.
COMPENSATION PAYABLE BY AGENCY TO CONTRACTOR.
(A) The Agency shall annually compensate the Contractor for the performance of the
Services using the Low Income Housing Funds in accordance with the following schedule:
15% of the Grant Funds disbursed by
the Contractor under this Agreement
not to exceed an annual amount of
$24,000
Annual Program Administration Fee for
CONTRACTOR
$160,000.00
Annual Mobile Home Grant Program
$184.000
(B) From and after the Effective Date of this Agreement and for the remaining term of
this Agreement, the Program Administration Fee payable by the Agency to the Contractor as
compensation for Services performed by the Contractor under this Agreement shall be paid by
the Agency directly to the Contractor upon receipt by the Agency of a corrected invoice and the
Grant Funds disbursement ledger (the "Grant Funds Disbursement Ledger") which shows all
Grant Fund payments authorized by the Agency and disbursed by the Contractor to the General
Contractors and/or to the subcontractors under this Agreement for which the Contractor has not
been paid by the Agency. The Contractor may not invoice the Agency more than once per
month for the Grant Funds disbursed by the Contractor under this Agreement and the Agency
shall pay to the Contractor the correct amount identified on the invoice within thirty (30)
calendar days after the receipt by tpe Agency of the following: (i) a corrected invoice, and (ii)
the Grant Funds Disbursement Ledger. The Program Administration Fee shall be 15% of the
Grant Funds disbursed by the Contractor under this Agreement and shall not exceed Twenty-
Four Thousand Dollar~. ($24,000), in the aggregate, for any given year.
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(C) Notwithstanding, in the event the Contractor has the opportunity to exceed the
minimum number of Grants and additional funds are required to fund such additional grants,
Agency at its sole discretional may exercise its reasonable efforts to obtain additional Grant
Funds and thereafter amend this Agreement in writing, including additional compensation for
Contractor.
Section 7. PERSONNEL OF CONTRACTOR. The Contractor represents that it
has, or will secure at its own expense, all personnel required to perform the Services. All of the
Services required hereunder will be performed by persons who are either employed by or under
the supervision and control of the Contractor, and all personnel engaged in the Services shall be
fully competent and qualified to perform such Services.
Section 8. INDEPENDENT CONTRACTOR. All acts of the Contractor and all
others acting on behalf of the Contractor relating to the performance of this Agreement, shall be
performed as independent contractors and not as agents, officers, or employees of the Agency.
The Contractor has no authority to bind or incur any obligation on behalf of the Agency. The
Contractor has no authority or responsibility to exercise any right or power vested in the Agency.
No agent, officer, or employee of the Agency shall be considered an agent or employee of the
Contractor. It is understood by both the Contractor and the Agency that this Agreement shall not
under any circumstance be construed or considered to create an employer-employee relationship
or a j oint venture as between the Contractor and the Agency. The Contractor is and at all times
during the Term of this Agreement shall represent and conduct itself as an independent
contractor and not as an agent or employee of the Agency. The Contractor shall be responsible
to the Agency only for the requirements and results specified in this Agreement, and except as
expressly provided in this Agreement, shall not be subject to control by the Agency with respect
to the physical action or activities of the Contractor in fulfillment of this Agreement. The
Contractor has control over the manner and means of performing the Services under this
Agreement so long as consistent with the requirements of the Program. The Contractor is
permitted to provide services to others during the same period Services are provided to the
Agency under this Agreement. If necessary, the Contractor has the responsibility for employing
other persons or firms to assist the Contractor in fulfilling the terms and obligations under this
Agreement. If in the performance of this Agreement any third persons are retained as
subcontractors by the Contractor, such persons shall be entirely and exclusively under the
direction, supervision, and control of the Contractor. All terms of employment including hours,
wages, working conditions, discipline, hiring, and discharging or any other term of employment
or requirements of law shall be determined by the Contractor. The Contractor hereby agrees to
indemnify, defend (if requested by Agency), protect and hold the Agency harmless from any and
all claims that may be made against the Agency or based upon any contention by any employee
of the Contractor or by any third party that an employer-employee relationship or joint venture
exists between any individual or entity and the Agency, by reason of the performance of any of
the Services under this Agreement. ("
Section 9. PAYMENT OF AND TRANSFER OF GRANT FUNDS TO GRANT
DISBURSEMENT ACCOUNT. The Agency shall promptly honor each request by the
Contractor for the Agency to transfer Grant Funds to the Contractor who will in turn deposit the
Grant Funds to the Grant Disbursement Account to fund each approved Grant as submitted by
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the Contractor to the Agency under Section 3(D). Within sixty (60) calendar days following
receipt of each request for remittance of the Grant Funds, the Agency shall transfer by bank
check to the Contractor such Grant Funds to use as provided herein.
Section 10. COMMERCIAL GENERAL LIABILITY INSURANCE,
AUTOMOBILE INSURANCE, WORKERS' COMPENSATION INSURANCE,
EMPLOYER'S LIABILITY INSURANCE, ERRORS AND OMISSIONS AND
PROFESSIONAL LIABILITY INSURANCE.
(A) The Contractor shall obtain and keep in force during the term of this Agreement,
at its sole cost and expense, the following insurance policies: (i) a commercial general liability
policy of insurance with coverage at least as broad as "Insurance Services Office Commercial
General Liability Form (GOOOl)", in the amount of One Million Dollars ($1,000,000) combined
single limit per occurrence, naming the Agency and the City and the elected officials, officers,
employees, attorneys and agents of each of them as additional insureds (collectively, the
"Additional Insureds") with said insurance covering comprehensive general liability including,
but not limited to, contractual liability, assumed contractual liability under this Agreement, acts
of subcontractors, premises-operations, explosion, collapse and underground hazards, if
applicable, broad form property damage, and personal injury including libel, slander and false
arrest, (ii) comprehensive automobile liability insurance covering owned, non-owned and hired
vehicles by or for the Contractor, combined single limit in the amount of One Million Dollars
($1,000,000) per occurrence, naming the Additional Insureds as additional insureds on each
automobile insurance policy, (iii) workers' compensation insurance in such insurance coverage
amounts as statutorily required, or similar insurance in form and amounts required by law, and
employer's liability insurance, combined single limit in the amount of One Million Dollars
($1,000,000), and (iv) errors and omissions and professional liability, combined single limit in
the amount of One Million Dollars ($1,000,000) per occurrence. .
"
r
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(B) Any and all insurance policies required hereunder shall be obtained from
insurance companies admitted in the State of California and rated at least A: XII in the most
current Best's Key Rating Insurance Guide. In no event shall the Contractor be permitted or
entitled to assign to any third party rights of action which the Contractor may have against the
Agency. All said insurance policies shall provide that they may not be canceled unless the
Agency and the City receive written notice of cancellation at least thirty (30) calendar days prior
to the effective date of cancellation. Any and all insurance obtained by the Contractor shall be
primary to and shall not be contributing with any insurance carried by the Agency or by the City
whose insurance shall be considered excess insurance only. Any insurance which the Agency
and/or City may otherwise carry, including self insurance, for all purposes of this Agreement
shall be separate and apart from the requirements of this Agreement. Legal counsel for the
Agency must approve each insurance policy required in Section 10(A) of this Agreement. The
Contractor waives subrogation and agrees that the Contractor, the Agency and the City are co-
insured. The insurer shall have no right of subrogation against the Agency, against the City or
against any of the other Additional Insureds. The Additional Insureds shall be named as
additional insureds on each insurance policy.
(C) All insurance which the Contractor shall carry or maintain pursuant to this Section
10 shall be in such form, for such amounts, for such periods of time as the Agency may require
or approve.
(D) The Contractor shall deliver or cause to be delivered to the Agency concurrently
upon the execution of this Agreement an endorsement of the insurance policies required in this
Section 10(A) of this Agreement evidencing the existence of the insurance coverage required by
the Agency under Section 10(A) of this Agreement and shall also deliver, no later than thirty
(30) calendar days prior to the expiration of any insurance policy, a certificate of insurance
evidencing each renewal policy covering the same risks.
Section 11. INDEMNIFICATION.
(A) The Contractor agrees to indemnify, defend with legal counsel reasonably
acceptable to the Agency, protect and hold the City and the Agency, and their respective elected
officials, directors, officers, members, managers, consultants, contractors, employees, agents and
attorneys, and the successors and assigns of each of them (singularly and collectively, the
"Indemnified Parties" which defined term shall also include the City and the Agency), harmless
from and against all actions, causes of action, claims, demands, liabilities, damages, losses,
liabilities, obligations, judgments, suits, costs, expenses and fees (including, without limitation,
reasonable attorneys' fees, court costs and expert fees of any nature whatsoever), now or
hereafter arising from or related to: (i) any act or omission of the Contractor and/or of any of the
Contractor's directors, officers, rv,embers, managers, consultants, contractors, subcontractors,
materialmen, laborers, any other person or entity furnishing or supplying work, services, goods,
or supplies in connection with the performance of this Agreement, employees and agents, and the
successors and/or assigns of each of them (singularly and collectively, the "Indemnifying
Parties" which defined term shall also include the Contractor), in performing, or failing to
perform, its obligations hereunder, (ii) any default by the Contractor under this Agreement,
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subject to any applicable cure period, (iii) any violation by any of the Indemnifying Parties of
any Laws, (iv) any warranty or representation made by the Contractor to the Agency in this
Agreement that is or becomes false and untrue, (v) death, bodily injury and/or personal injury to
any person, (vi) any destruction, loss or damage to real property or personal property, (vii) the
presence of any Hazardous Substances at, on, in, above, under or about any Mobile Home
resulting, directly or indirectly, from the acts or omissions of any Indemnifying Parties and/or
(viii) the aggravation of any environmental condition by any Indemnifying Parties at, on, in,
above, under or about any Mobile Home. Without limiting the Contractor's indemnification of
the Indemnified Parties, the Contractor shall provide and maintain, at its sole cost and expense
during the term of this Agreement, the insurance described in Section 10(A) of this Agreement.
Such insurance shall be provided by insurer(s) satisfactory to the Agency and evidence sf such
insurance satisfactory to the Agency shall be delivered to the Executive Director no later than the
Effective Date of this Agreement.
(B) The Agency shall indemnify, defend (if requested by the Contractor) and hold
harmless the Contractor, its agents, officers, and employees, from all claims, losses, demands
and liability for damages for bodily injury, personal injury, bodily injury or property damage
suffered by reason of any act or omission of the Agency or any of its officers or employees or
agents under this Agreement except where such action or omission giving rise to such a claim is
caused by or is the result of an action, omission or request of the Contractor and/or of any of the
other Indemnifying Parties, or is alleged to arise out of the execution of this Agreement. The
provisions of Section 11(A) and Section 11(B) shall survive the execution, delivery,
performance, expiration or early termination of this Agreement.
Section 12. DEFAULTS AND BREACH - GENERAL. The failure or delay by
either party to perform any material term or provision of this Agreement shall constitute a default
hereunder; provided, however, that if the party who is otherwise claimed to be in default by the
other party commences to cure, correct or remedy the alleged default within thirty (30) calendar
days after receipt of written notice specifying such default and shall diligently complete such
cure, correction or remedy, such party shall not be deemed to be in default hereunder. A default
shall also occur under this Agreement whenever a representation and/or warranty made in this
Agreement is or becomes false or untrue. A default shall also occur under this Agreement
whenever a party files, or has filed against it, a petition in bankruptcy, is or becomes insolvent, is
unable to pay its debts as they mature, assigns its assets for the benefit of creditors, or a receiver,
trustee or custodian is appointed by a court to exercise control over all or substantially all of the
assets of the party and such receiver, trustee or custodian is not dismissed or discharged by the
court within sixty (60) calendar days after said appointment date. The party which may claim
that a default has occurred shall give written notice of default to the party in default specifying
the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor
shall it change the time of default; provided, however, the injured party shall have no right to
exercise any remedy for a default- hereunder without delivering the written default notice as
specified herein. Any failure to delay by a party in asserting any of its rights and remedies as to
any default shall not operate as a waiver of any default or of any rights or remedies associated
with a default, and th;e rights and remedies of the parties 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
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by the other party. In the event that a default of either party may remain uncured for more than
thirty (30) calendar days following written notice, as provided above, a "breach" shall be deemed
to have occurred. In the event of a breach, the party who is not in default shall be entitled to
terminate this Agreement and seek any appropriate remedy or damages by initiating legal
proceedings. If any action or proceeding is brought to enforce the terms hereof or declare rights
hereunder, it shall be brought in the Superior Court of the County of San Bernardino, San
Bernardino District, State of California. The governing Laws to be applied in any such action or
proceeding shall be the Laws of the State of California. The prevailing party in any such legal
proceedings shall be entitled to recover as an element of its costs of bringing such suit, and not as
part of its damages, its reasonable attorneys' fees, court costs, expert witness fees and consultant
fees and costs. The costs, salary and expenses of the City Attorney and members of his office in
such action or proceeding on behalf of the Agency shall be considered as "attorneys' fees" for
purposes of this Section.
Section 13. NONDISCRIMINATION. During the Contractor's performance of the
Services, the Contractor shall not discriminate on the grounds of race, religion, creed, color,
national origin, age, ancestry, physical handicap, medical condition, marital status, sex, or sexual
orientation in the performance by the Contractor of the Services, including, without limitation, in
the selection and retention of employees, general contractors and subcontractors and the
procurement of materials and equipment, except as provided in Section 12940 of the California
Government Code.
Section 14. CONFLICT OF INTEREST. The Contractor warrants, by execution of
this Agreement, that it has no interest, present or contemplated, in the Program or in any Mobile
Home benefited thereby or Work performed on any Mobile Home using the Grant and the Grant
Funds. The Contractor further warrants that it owns or possesses no interest in real property,
business interests or owner of income, other than such amounts of compensation payable by the
Agency to the Contractor for the Services under this Agreement, that will be affected by the
Program or, alternatively, if such interest exists or arises the Contractor will promptly file with
the Agency an affidavit disclosing any such interest.
Section 15. AMENDMENTS. All amendments to this Agreement shall be subject to
the approval of both parties in the sole discretion of each of them, mutual and in writing. The
Executive Director of the Agency is authorized to make non-substantive changes, clarifications,
corrections to the Agreement, including budget line item adjustments, provided such actions are
approved by legal counsel for the Agency and do not increase the Agency's monetary annual
appropriation to the Contractor as approved by the governing board of the Agency.
Section 16. TERMINATION.
(A) This Agreement may be terminated for any reason by either party who is not then
in default upon ten (10) calendar days prior written notice to the other party. In such event, the
Contractor shall be entitled to receive compensation for the Services pro-rated through the date
of such termination, p~ovided that the Services have been rendered.
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(B) In the event of a termination of the Agreement as a result of a breach, the rights
and duties of the parties shall be as set forth in Section 12.
(C) In the event of any termination of this Agreement, the Contractor shall promptly
return all Grant Funds that have been disbursed by the Agency to the Contractor with the
exception of any Grant Funds that have been paid by the Agency to the Contractor and that have
been properly disbursed by the Contractor to or for the benefit of the Qualified Homeowner
under this Agreement, without charge or expense to the Agency.
Section 17. ASSIGNMENT. It is mutually understood and agreed that this
Agreement shall be binding upon the Agency and its successors and assigns and upon the
Contractor and its successors and assigns. The Agency may assign this Agreement, without
obtaining the prior consent or approval of the Contractor. The Contractor may not assign this
Agreement without obtaining the prior written consent of the Agency, which written consent
may be given or withheld by the Agency in its sole and absolute discretion. Any assignment or
attempt to assign this Agreement by the Contractor shall be void.
Section 18. NOTICES. Communications, notices, bills, invoices or reports required
by this Agreement shall be in writing and shall be deemed to have been given when actually
delivered, if given by hand delivery or transmitted by overnight courier service, or if mailed,
three (3) business days after being deposited in the United States mail, postage prepaid, to the
address noted below:
Agency
Economic Development Agency
of the City of San Bernardino
Attention: Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663-1044
Fax: (909) 888-9413
Contractor
Oldtimers Foundation
8572 Sierra Avenue
Fontana, California 92335
Attn: Michael Milon, Administrator
!
Either party may change its address for receipt of written notice by notifying the other
party in writing of a new address for delivering notice to such party.
Section 19. REPRESENT A TION AND WARRANTY OF CONTRACTOR. The
Contractor hereby represents and warrants to the Agency as follows:
(A) The Contractor is a California nonprofit corporation duly organized, existing, and
authorized to transact business in California;
r
(B) the corporate charter and by-laws of the Contractor authorize the Contractor to
provide the Services to the Agency and the governing board and membership of the Contractor
have previously taken all action necessary to authorize the execution of this Agreement by the
Contractor;
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(C) the Contractor is qualified to perform the Services and shall timely perform and
complete the Services in a professional manner.
Section 20. OTHER PROGRAM REQUIREMENTS.
(A) The Contractor must carry out all activities in compliance with all federal laws
and regulations described in Subpart H of 24 CFR 92 and outlined hereinafter, except that the
Contractor does not assume the Agency's or the City's responsibility for environmental review
in Section 92.352 or the intergovernmental review process in Section 92.357. These federal laws
and regulations must be complied with as follows:
1. Equal Opportunity. No person shall be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with HOME funds. In addition, HOME funds must be made available in
accordance with all laws and regulations listed in Section 92.350(a).
2. Fair Housing. In accordance with the certification made with its housing
strategy, each participating jurisdiction must affirmatively further fair housing. Actions
described in Section 570.904(c) of Title II of the Cranston-Gonzales National Affordable
Housing Act will satisfy this requirement.
3. Affirmative Marketing. The Contractor must adopt affirmative marketing
procedures and requirements for HOME-assisted housing projects of five (5) units or more, if
applicable. These must include:
1. Methods for informing the public;
11. Requirements and practices that the Contractor must adhere to in
order to carry out the affirmative marketing procedures and
requirements of the Agency and of the City;
111. Procedures used by the Contractor to inform and solicit
applications from p'ersons in the housing market area who are not
likely to apply without special outreach;
IV. A description of how the Contractor will assess the success of
affirmative marketing actions and what corrective actions will be
taken where affirmative marketing requirements are not met.
4. Displacement. Relocation, and Acquisition. Consistent with the other
goals and objectives of this Subpaq,.H of 24 CFR 92, the Contractor must ensure that it has taken
all reasonable steps to minimize the displacement of persons (families and individuals) as a result
of any project assisted with HOME funds. Moreover, the Contractor agrees that it will not
undertake any project,activity that will cause displacement of any homeowner in accordance
with Section 92.353, without the approval ofthe City.
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5. Conflict of Interest. The Contractor will hereby comply with all
requirements set forth regarding conflict of interest provisions as they apply in Section 92.356.
6. Debarment and Suspension. As required in Section 92.357, the Contractor
will comply with all debarment and suspension certifications.
7. Flood Insurance. Under the Flood Disaster Protection Act of 1973,
HOME funds may not be used with respect to the acquisition or rehabilitation of a project
located in an area identified by the Federal Emergency Management Agency (FEMA) as having
special flood hazards, unless:
1. The community in which the area is situated is participating in the
National Flood Insurance Program, or less than a year has passed
since FEMA notification regarding such hazards; and
11. Flood insurance is obtained as a condition of approval of the
commitment. If the Mobile Home Unit is located in an area
identified by FEMA as having special flood hazards, upon
notification by the Agency or FEMA, the Contractor is responsible
for assuring that flood insurance under the National Flood
Insurance Program is obtained and maintained on each Mobile
Home Unit assisted with Grant Funds.
Section 21. GRANT FUNDS AND GRANT DOCUMENTS ARE THE
PROPERTY OF THE AGENCY. The Grant Documents for each Grant are the property and
asset of the Agency. The Contractor has no property interest in any such Grant Documents and
the Contractor shall not transfer, assign or pledge as collateral or claim any other security interest
in any such Grant Documents. All of the Grant Documents are the property of the Agency, and
the Contractor shall maintain all such Grant Documents in its possession as confidential
consumer business records of the Qualified Homeowner. All Grant Funds disbursed by the
Agency to the Contractor for the benefit of a Qualified Homeowner are the property of the
Agency until paid by the Contractor to the General Contractor upon the completion of the Work
at the Mobile Home for the account of the Qua'lified Homeowner under the applicable Grant
Documents.
Section 22. NON-ELIGIBILITY OF OUALIFIED HOMEOWNER. Once the
Agency has approved the Grant Application for the Qualified Homeowner and has disbursed the
Grant Funds to the Contractor for the benefit of the Qualified Homeowner under this Agreement,
the Qualified Homeowner now or hereafter shall have no right to apply for and to receive any
other grant or loan being offered by the Agency to the general public under any grant or loan
program, including, without limitatiDn, any grant being offered by the Agency under the Single-
Family Beautification Grant Program Agreement or any loan being offered by the Agency under
the Single-Family Rehabilitation Loan Program Agreement, until (i) ten (10) years after the date
that the Agency has pajd the last installment of the Grant Funds to the Contractor for the benefit
of the Qualified Homebuyer under this Agreement and (ii) the Qualified Homebuyer has repaid
any loan in full to the Agency.
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Section 23. GENERAL PROVISIONS. This Agreement constitutes the sole
agreement between the parties. All prior conversations, agreements or representations relating
hereto are integrated in this Agreement. No oral agreement, representation or warranty shall be
binding upon the parties. If any provision of this Agreement shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining portions of this
Agreement shall not in any way be affected or impaired thereby. Failure of any 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. Headings at the beginning
of each section or subsection are solely for the convenience of the parties and are not a part of
this Agreement. Whenever required by the context of this Agreement, the singular shall include
the plural and the masculine shall include the feminine and vice versa. This Agreement shall not
be construed as if it had been prepared by one of the parties, but rather as if all parties had
prepared the same. Unless otherwise indicated, all references to sections are to this Agreement.
All exhibits referred to in this Agreement are attached hereto and incorporated herein by this
reference. If the date on which any action is required to be performed under the terms of this
Agreement is not a business day, the action shall be taken on the next succeeding business day.
This Agreement may be executed in one or more counterparts each of which shall be an original
but all of which together shall constitute but one original Agreement. This Agreement may be
executed by facsimile signatures, and each facsimile counterpart when taken together shall be
deemed an original Agreement. Time is of the essence in this Agreement.
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IN WITNESS WHEREOF, the Contractor and the Agency have caused this Agreement
to be duly executed on the date first above written.
AGENCY
Dated:
5/6 L I; 0
Redevelopment Agency of the
City of San Bernardino,
a public body, corporate a.\,.n_~ politic
,."., ....
)
,
I
,,_.^~
, Interim Executive Director
Approved as to Form and Content:
~
Agency 0 ns .
CONTRACTOR
Oldtimers Foundation,
a California nonprofit corporation
Date:
g!~!/J
By:
Name:
Title:
Date:
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EXHIBIT" A"
2010 Income Limits
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4838-0260-3270.1 21
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CDC/2010-45
EXHIBIT "B"
General Contractor Agreement
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CDC/2010-45
Mobile Home Grant Program
GENERALCONTACTORAGREEMENT
Oldtimers
Foundation
MOBILE HOME GRANT
GENERAL CONTRACTOR AGREEMENT
File No: <<FileNo))
Owner(s):
Rehab Address:
THIS AGREEMENT is made this _ day of _by and between
the "Owner(s)" hereinafter called the "Contractor".
hereinafter called
WITNESSETH, that the Contractor and the Owner(s) for the consideration stated herein agree
as follows:
1. RECITALS: This Agreement is made and entered into with respect to the following facts:
a) That the Redevelopment Agency of the City of San Bernardino (the "Agency") has a mobile
home grant program to help low income resident-owners of mobile homes make certain
improvements to their mobile homes, called the Mobile Home Grant Program; and,
b) Oldtimers Foundation (the "Oldtimers') has contracted with the Agency to administer said
mobile home rehabilitation program, pursuant to applicable laws; and,
c) Owner has determined to participate in such program by causing certain improvements to be
made to his/her mobile home, and has qualified for a grant to undertake such improvements;
and,
d) Contractor attests that its company is properly licensed and fully qualified to perform the work
proposed to be accomplished in this Agreement, under terms and conditions hereinafter set
forth; and, .
e) Owner and the Contractor acknowledge and agree that Oldtimers and the Agency are third
party beneficiaries of this Agreement, consistent with Oldtimers' mission of housing
rehabilitation.
2. CONSIDERATION: THE UNDERSIGNED CONTRACTOR proposes to furnish labor and
materials, complete in accordance with the specifications attached hereto as Exhibit "A" and
incorporated herein by this reference for the sum of ($ ), with
payments to be made within ninety (90) calendar days from the completion of the work, subject to any
additions and deductions as provided herein.
r
3. WORK: Contractor agrees to complete all work in accordance with the contract documents, all
applicable laws, and in a workmanlike manner, according to generally acceptable, standard building
practices. Any alteration or deviation from the attached specifications will be executed only upon
written consent of the; mobile home Owner(s), the Contractor, and Oldtimers. All materials are
guaranteed to be as specified. No extra charges or costs will be paid. Contractor will be solely
liable if he/she has neglected to properly evaluate the extent of the rehabilitation work. The
performance under this Agreement is subject to forced delays when due to strikes, accidents or acts of
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Mobile Home Grant Program
GENERAL CONT ACTOR AGREEMENT
God. This Agreement constitutes the entire agreement of the parties and of Oldtimers and Agency as
to the subject matter it contains.
4. INDEMNIFICATION: The Contractor agrees to indemnify, defend and hold harmless the Owner,
Oldtimers, the Agency and their authorized officers, members, directors, employees, agents,
contractors and volunteers (collectively, the "Indemnified Parties") from any and all claims, actions,
losses, damages, suits, fees (including, without limitation, reasonable attorneys' fees, court costs,
expert witness fees and consultant fees), obligations and/or liabilities (singularly, a "Claim" and
collectively, the "Claims"), now or hereafter arising out of this Agreement from any cause whatsoever,
including acts, errors or omissions of any person and for any costs or expenses incurred by Oldtimers,
by the Agency and/or by any of the other Indemnified Parties on account of any Claim therefore,
except where such indemnification is prohibited by law. This indemnification provision shall survive
the execution, the performance, the termination and the expiration of this Agreement.
5. INSURANCE: Without in anyway affecting the indemnity herein provided and in addition thereto,
the Contractor shall secure and maintain throughout the term of Agreement, and shall continue one (1)
year after the performance by the Contractor of the work under this Agreement, the following types of
insurance:
a) Workers' Compensation - a program of Workers' Compensation insurance or State-approved
Self Insurance Program in amount or form to meet all applicable requirements of the Labor
Code of the State of California, including Employer's Liability with $1,000,000 limits, covering
all persons providing services on behalf of the Contractor and all risks to such persons under
this Agreement.
b) Comprehensive General and Automobile Liability Insurance - This coverage to include,
without limitation, comprehensive general liability policy of insurance with coverage at
least as broad as "Insurance Services Office Commercial General Liability Form
(G0001), in the amount not less than $1,000,000 combined single limit per occurrence,
with said insurance covering comprehensive general liability including, but not limited
to, contractual liability, assumed contractual liability under this Agreement, acts of
subcontractors, premises-operations, explosion, collapse and underground hazards, if
applicable, broad form property damage, bodily injury and personal injury including
libel, slander and false arrest and automobile liability coverage on owned, hired and
non-owned vehicles. "
c) Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 and
$2,000,000 in the aggregate or Professional Liability insurance with limits of at least
$1,000,000 per claim or occurrence.
6. ADDITIONAL NAMED INSURED, PRIMARY INSURANCE AND BEST'S KEY RATING: All
policies, except for the Workers' Compensation, the Errors and Omissions and the Professional
Liability policies shall contain additiopal endorsements naming the Owner, Oldtimers, the Agency and
the other Indemnified Parties as additional named insureds with respect to liabilities arising out of the
performance of services hereunder. All insurance obtained by the Contractor shall be primary to and
shall not be contributing with any insurance carried by Oldtimers, by the Agency and/or by any of the
other Indemnified Parties. All insurance policies required under this Agreement shall be obtained from
insurance companies admitted in the State of California and rated at least A: XII in the most current
Best's Key Rating Insurance Guide.
7. WAIVER OF SUBROGATION OF RIGHTS: Except for Errors and Omissions Liability, the
Contractor shall require the insurance carriers of the above required coverage's to waive all rights of
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Mobile Home Grant Program
GENERALCONTACTORAGREEMENT
subrogation against the Owner, Oldtimers, against the Agency and against the other Indemnified
Parties.
8. PROOF OF COVERAGE: Contractor shall immediately furnish certificates of insurance to
Oldtimers and to the Agency evidencing the insurance coverage, including endorsements, above
required prior to the commencement of performance of the services hereunder, which certificates shall
provide that such insurance shall not be terminated or expire without thirty (30) calendar days prior
written notice to Oldtimers and to the Agency, and the Contractor shall maintain such insurance from
the time the Contractor commences performance of services hereunder until one (1) year after the
completion of such services. Within sixty (60) calendar days after the commencement of this
Agreement, the Contractor shall furnish Oldtimers and the Agency with certified copies of}he policies
and all endorsements.
9. INSURANCE REVIEW: The above insurance requirements are subject to review by Oldtimers.
10. ACCEPTANCE & START: The bid and proposal shall be accepted by the Owner(s) and by
Oldtimers within sixty (60) calendar days from the date established by Oldtimers for its receipt,
provided that no work shall be commenced by the Contractor until a written Notice to Proceed has
been issued by the Owner(s). Work will begin no later than ten (10) calendar days after the Notice to
Proceed is issued. Contractor will not assign this Agreement without the prior written consent of the
Owner(s) and of Oldtimers. Any request for assignment shall be addressed to Oldtimers.
11. PERMITS: Contractor shall procure all City of San Bernardino and all other governing authority
permits and licenses, including a municipal business license, and shall pay all charges and fees for the
same, and shall give all notices necessary and incidental to the due and lawful prosecution of the work
as it separately pertains to each party. Permits and licenses required for corresponding elements of
the work to be performed shall be obtained prior to commencing such work and all associated costs
are specifically included in the contract amounts.
12. CHANGE ORDERS: No change in the work, as described in the Work Write-up, shall be made
except upon the mutual written consent of the Owner(s), the Contractor and Oldtimers. Contractor is
not authorized to deviate from the Work Write-up or specifications unless so directed in writing by
Oldtimers. Any Change Orders shall describe the nature of the additional work, the estimated time for
completion thereof, and the compensation to be paid to the Contractor for the performance of same.
No waiver of any provision of this Agreement shall,.be a continuing waiver thereof.
13. OWNER(S) EXPECTATIONS: Owner(s) will permit the Contractor to use existing utilities at no
cost, such as lighting, heating, power and water, as needed to carry out the work. Owner(s) will
cooperate with the Contractor to facilitate work performance, including the removal and replacement of
rugs, coverings, miscellaneous household goods and furniture as necessary, unless otherwise noted.
14. CONTRACTOR EXPECTATIONS: Contractor will keep the mobile home and the premises clean
and orderly during the course of the daily work and will remove all debris at the completion of the work.
Materials and equipment which belong to the Contractor shall be removed from the mobile home and
from the premises. Work should be cplanned so that the Owner(s) are not forced to relocate during the
rehabilitation work, except under unusual circumstances.
15. COMPLETION: C~mtractor agrees to satisfactorily complete all the work within forty-five (45)
calendar days from the noticed start date. The parties agree that time is of the essence in this
Agreement.
16. LIEN RELEASES: Contractor shall promptly pay all valid bills and charges for material, labor, or
otherwise in connection with or arising out of the construction, and shall hold the Owner(s) of the
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Mobile Home Grant Program
GENERAL CONTACTOR AGREEMENT
mobile home free and harmless against all liens and claims of lien for labor and material, or either,
filed against the mobile home and/or against the real property leased by the Owner(s) on which the
mobile home is located (the "Leased Premises"), or any part thereof, and from and against all expense
and liability in connection therewith, including, but not limited to, court costs and attorney's fees
resulting or arising there from. Should any liens or claim of lien be filed for record against the mobile
home and/or against the Leased Premises, or any part thereof, or should the Owner(s) receive notice
of any unpaid bill or charge in connection with the construction, the Contractor shall forthwith either
pay and discharge the same and cause the same to be released of record, or shall furnish the
Owner(s) with proper indemnity either by satisfactory corporate surety bond or satisfactory title policy,
which indemnity shall also be subject to approval of the Lien Holder. Contractor shall furnish the
Owner(s) and Oldtimers with affidavits and satisfactory releases of liens or claims for any liens from
subcontractors, laborers and suppliers for completed work or installed materials. .
17. NON-EXECUTION: In the event that the Owner(s) will not execute the End of Project Work
Release, Oldtimers reserves the right to authorize payment to the Contractor for the work completed.
Oldtimers and the Contractor must certify that all of the Contractor's work has been performed in a
professional, workmanlike manner, and has adhered to the mobile home and property specification
standards. Upon the written approval by Oldtimers, a payment request will be forwarded to the
Agency for release of said funds.
18. WARRANTY: Contractor will guarantee work for a period of one (1) year from the date of the final
written acceptance of all work required by the Agreement. Furthermore, the Contractor shall furnish
the Owner(s), in care of Oldtimers, with copies of all manufacturers' and suppliers' written guarantees
and warranties covering materials and equipment furnished under this Agreement. Contractor will
allow Oldtimers access to examine and to inspect all rehabilitation work. Oldtimers shall have the
right, at all reasonable times, to inspect the books and records of the Contractor pertaining to the work
and to the materials which are the subject of this Agreement.
19. NOTICES: Notices pursuant to this Agreement shall be given by personal service to the person, or
by deposit in the custody of the US Postal Service, within a sealed envelope containing the notices,
postage pre-paid, and addressed as listed below. Such notice shall be deemed to be received within
forty-eight (48) hours from the time of mailing, if mailed as provided above. The following information
shall be used for mailed correspondence and communications related to this Agreement:
20. LEAD BASE PAINT ACKNOWLEDGEMENT AND LEAD BASE PAINT DISCLOSURE: Prior to the
commencement of the work: (i) the Contractor shall deliver to the Owner the Lead Base Paint
Disclosure and the Lead Base Paint Acknowledgement, (ii) the Owner shall execute and date the Lead
Base Paint Acknowledgement and the Lead Base Paint Disclosure, and (iii) the Contractor shall
deliver to both Oldtimers and to the Agency the Lead Base Paint Acknowledgement and the Lead
Base Paint Disclosure, as executed by the Owner.
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Mobile Home Grant Program
GENERAL CONTACTOR AGREEMENT
OWNER INFORMATION:
CONTRACTOR DBA:
(Contractor's Name)
(Owner's Name)
(Mailing Address)
(Rehab Address)
(City)
(State)
(Zip Code)
(City) (State) (Zip Code)
(Telephone)
(FAX)
PROJECT ADMINISTRATOR: Oldtimers Foundation
8572 Sierra Avenue
Fontana, CA 92335
Telephone: (909) 829-0384
FAX:
-----------------------------------------------
ACCEPTANCE AND SIGNATURES
CONTRACTOR:
Date:
OWNER(S):
Date:
THE ABOVE AGREEMENT HAS BEEN REVIEWED AND APPROVED
For Oldtimers:
Date:
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Mobile Home Grant Program
GENERALCONTACTORAGREEMENT
Exhibit "A"
Work Specifications
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EXHIBIT "c"
SCOPE OF SERVICES
(Description of Program)
A. Contractor's Administration Annual Fee
The Agency shall annually compensate the Contractor an amount not to exceed the total sum of
Twenty Four Thousand Dollars ($24,000.00) for the administration and the implementation by
the Contractor of the Program herein and for the Services rendered under this Agreement, subject
to the annual approval and appropriation by the United States Department of Housing and-Urban
Development ("HUD").
From and after the Effective Date of this Agreement and for the remammg term of this
Agreement, the Program Administration Fee payable by the Agency to the Contractor as
compensation for Services performed by the Contractor under this Agreement shall be paid by
the Agency directly to the Contractor upon receipt by the Agency of a corrected invoice and the
Grant Funds Disbursement Ledger which shows all Grant Fund payments authorized by the
Agency and disbursed by the Contractor to the General Contractors and/or to the subcontractors
under this Agreement for which the Contractor has not been paid by the Agency. The Contractor
may not invoice the Agency more than once per month for the Grant Funds disbursed by the
Contractor under this Agreement and the Agency shall pay to the Contractor the correct amount
identified on the invoice within thirty (30) calendar days after the receipt by the Agency of the
following: (i) a corrected invoice, and (ii) the Grant Funds Disbursement Ledger.
B. Mobile Home Grant Pro!!ram (the "Pro!!ram") ($160.000)
The Contractor shall accept the Grant Applications from respective Qualified Homeowner
applicants to determine income and improvement eligibility (see Exhibit "A" to this Agreement),
to determine equity in the Mobile Home and to verify ownership and length of ownership. The
Contractor shall offer the Program to Qualified Homeowners in the Target Area or in the Target
Areas specifically determined and designated by the Agency or, if no Target Area is or no Target
Areas are specifically determined and designated by the Agency, then on an as-needed, first-
come, first-served basis, to Qualified Homeowners throughout the City of San Bernardino.
However, in the case of an emergency, of an urgent need or of a life-threatening situation, the
Contractor may process a Grant Application ahead of other Grant Applications subject to the
approval by the Executive Director. The Improvements allowed under the Program are
described in Section C. below of this Scope of Services.
C. Eli!!ible Imurovements Permitted under the Pro!!ram
r
The following types of Improvements, without limitation, are permitted in connection with the
Program: (i) roof replacement (metal aluminum, composition shingle, including carport and
awnings), and (ii) replapement of siding and skirting, patios and porches, stair units (carpet and
handrails), carport columns, water heaters, HV AC, evaporative cooling units, ceilings paneling
(interior), sub-flooring repair and finished floors, refrigeration units and counter tops, handicap
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fixtures and units, appliances (limited to stovetops, wall ovens, exhaust hoods), doors and
windows.
The maximum amount of the Grant permitted under the Program is the sum of Five Thousand
Dollars ($5,000) per Mobile Home without the prior written approval of the Executive Director.
D. Applicant Elie:ibilitv Requirements for the Proe:ram
1. Qualified Homeowner must be an owner and occupant of the Mobile Home Unit,
as its principal residence, for a minimum period of one (1) year; on a case-by-case basis, and
depending on the circumstances, this one (1) year requirement may be waived by the Ex€cutive
Director or his/her designee; the Contractor shall obtain evidence of ownership and length of
ownership and residency. The Mobile Home Unit must be built on or after 1980.
2. Qualified Homeowner must execute and complete a Grant Application and must
deliver and submit the Grant Application, as fully executed and completed, to the Contractor.
The Contractor shall receive, review, verify and approve or reject the Grant Application. If the
Grant Application is not acceptable to the Contractor, the Contractor shall notify the applicant in
writing within ten (10) business days from the receipt by the Contractor of the Grant Application
and the Contractor shall provide the applicant with the reasons for the rejection by the
Contractor.
3. Qualified Homeowner must have a personal or household income level, adjusted
for family size, during the twelve (12) months preceding the date of submission of the Grant
Application to the Contractor within the ranges of income for low income households, adjusted
for family size, as set forth in Exhibit "A" to this Agreement, subject to annl,lal adjustment.
4. Qualified Homeowner must agree to live in the Qualified Homeowner's Mobile
Home, as its principal residence, for not less than one (1) year after the execution by the
Qualified Homeowner of the Grant Documents.
5. Qualified Homeowner must execute and acknowledge, where designated, the
Grant Documents. The Qualified Homeowner, without limitation, shall execute and notarize all
recordable Grant Documents, if any, and the Contractor or the Agency shall record, or shall
cause the recordation of all such recordable Grant Documents, if any, in the County Recorder's
Office.
6. Qualified Homeowner must have received written notice from the Agency, from
the City or from any other governmental authority (including, without limitation, the City's
Building and Safety Division) advising the Qualified Homeowner that the Mobile Home Unit
owned by the Qualified Homeownvr is in violation of Title 25 of the Mobile Home Park Act
and/or is in violation of any other applicable legislation, local codes or other Laws.
7. The QU"llified Homeowner must not be the recipient of a grant or of a loan from
the Agency for the pasrten (10) years.
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E. Guidelines:
The Contractor shall conduct, administer, implement, comply with and perform the following
guidelines in connection with the Program:
1. The Contractor shall administer and implement the Program herein and shall
utilize the applicable and pertinent sections of the Economic Development Agency's (the
"ED A") Grant Policies and Procedures Manual for guidance on processing and packaging all
Grants under this Agreement, if applicable, under the direction of the Executive Director.
2. The Contractor shall accept the Grant Applications from respective Qblalified
Homeowner applicants to determine income and improvement eligibility, to determine equity in
the Mobile Home, and to verify ownership and length of ownership. The Contractor shall offer
the Program to Qualified Homeowners in the Target Area or Target Areas specifically
determined and designated by the Agency or, if no Target Area is or no Target Areas are
specifically determined and designated by the Agency, then on an as-needed, first-come, first-
served basis, to Qualified Homeowners throughout the City of San Bernardino. However, in the
case of an emergency, of an urgent need or of a life-threatening situation, the Contractor may
process a Grant Application on an urgent basis ahead of other Grant Applications subject to the
approval of the Executive Director.
3. A mobile home certified inspector for the City of San Bernardino, State of
California shall inspect eligible Mobile Homes and properties to determine the type of health and
safety and code violation repair work needed, including asbestos and lead-based paint removal,
the age and overall condition of the Mobile Home and to ensure that all Mobile Homes repaired
or improved under the Program when completed are aesthetically pleasing and in compliance
with all Laws, including, without limitation, Title 25 of the California Development Code,
Chapter 2, Articles 1-11.
4. The Contractor shall prepare and complete Work write-ups, cost estimates, and
bid packages for the Improvements to be constructed, installed, performed and completed for
each Qualified Homeowner's Mobile Home.
!
5. The Contractor shall ensure that all Improvements and/or Work constructed,
installed, performed and/or completed in connection with the Qualified Homeowner's Mobile
Home shall be constructed, installed, performed and completed by pre-qualified State licensed
General Contractors and/or State licensed subcontractors. The Contractor shall also require that
each General Contractor and/or subcontractor constructing, installing, performing and/or
completing the Improvements and/or the Work in connection with the Qualified Homeowner's
Mobile Home under the Program shall possess a current business license in the City and shall
possess a current license with tl}.e State of California Contractor's License Board.. The
Contractor shall be required, whenever feasible, to obtain a minimum of three (3) bids from
General Contractors for all Improvements and/or for all Work to be constructed, installed,
performed and/or comBleted in connection with the Qualified Homeowner's Mobile Home. All
bids shall be made available by the Contractor to the Qualified Homeowner for review. All
Improvements and/or Work constructed, installed, performed and/or completed by General
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Contractors and/or by subcontractors in connection with the Qualified Homeowner's Mobile
Home shall be approved and authorized by the Qualified Homeowner, and shall be completed
within a specified timeframe acceptable to the Qualified Homeowner and the General
Contractors and/or the subcontractors.
6. The Contractor shall solicit bids for the construction, installation, performance
and/or the completion of the Improvements and/or of the Work in connection with the Qualified
Homeowner's Mobile Home from a list of pre-approved General Contractors. The Contractor
shall assist the Qualified Homeowners with the selection of a General Contractor, and shall assist
the Qualified Homeowner in connection with the execution of the General Contractor
Agreement, including, without limitation, a determination as to the scope of the Improvements
and/or of the scope of Work to be constructed, installed, performed and/or completed by the
General Contractor, any schedule of performance, other schedules, conduct pre-construction and
walk-through conferences.
7. Prior to the execution of the General Contractor Agreement and prior to any
funding by the Contractor of any Grant Funds to the General Contractor for the proposed
Improvements and/or Work to be constructed, installed, performed and/or completed, the
Contractor, the Qualified Homeowner, the General Contractor and the members of the Agency
application review committee (the "Application Review Committee") appointed and assigned by
the Agency to approve, administer and oversee the construction, the installation, the performance
and/or the completion of the Improvements and/or of the Work shall meet on one or more
occasions to discuss the Improvements and/or the Work to be constructed, installed, performed
and/or completed in connection with the Qualified Homeowner's Mobile Home and the
methodology used or to be used to identify, quantify and assist the Qualified Homeowner.
8. The Agency and the Qualified Homeowner must review, approve, execute and
acknowledge, where designated, the Grant Documents. The General Contractor and/or any
subcontractor cannot commence the construction, the installation, the performance and/or the
completion of the Improvements and/or of the Work in connection with a Qualified
Homeowner's Mobile Home until: (i) the Grant Documents have been executed and
acknowledged, where appropriate, by the Agency and by the Qualified Homeowner, and (ii) all
other recordable Grant Documents in connection with the Grant, if any, have been recorded by or
for the Contractor or the Agency in the County Recorder's Office.
9. The General Contractor shall obtain one or more permits as required by applicable
Laws to construct, to install, to perform and/or to complete the Improvements and/or the Work at
the Qualified Homeowner's Mobile Home. At the time that the Contractor submits an invoice to
the Agency for payment of all or a portion of the Grant Funds in connection with the Grant made
by the Agency to the Qualified Homeowner, the Contractor shall provide the Agency with it copy
of each permit that is or will be reqlJired to construct, to install, to perform and/or to complete the
Improvements and/or the Work in connection with the Qualified Homeowner's Mobile Home.
The Agency shall have no obligation to pay any invoice submitted by the Contractor to the
Qualified Homeownerpntil the Agency has received and approved each permit issued for the
Improvements and/or' for the Work completed by the General Contactor and/or by the
subcontractor and identified in the invoice.
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10. The Contractor shall inspect and monitor the Improvements and/or the Work
while in progress and shall supervise the payment invoice procedures to ensure that all General
Contractors and subcontractors are meeting obligations and that progress payments and
retentions are paid in a timely manner. The Contractor shall approve all change orders relating
to and in connection with the construction and the completion of the Improvements at the Mobile
Home. All change orders must relate to the construction and to the completion of the
Improvements permitted under the Grant approved and made by the Agency in favor of the
Qualified Homeowner. Should the costs and fees in connection with the change order, in the
aggregate, exceed ten percent (10%) of the amount of the Grant Funds awarded by the Agency to
the Qualified Homeowner, the Agency will also need to approve, in writing, the change orEler.
11. The Contractor shall receive and collect from the General Contractors and/or from
the subcontractors an executed lien release under one of the following lien releases, as required
by the Agency: (i) an unconditional waiver and release upon progress payment, or (ii) an
unconditional waiver and release upon final payment. The Contractor shall not make the final
payment of the remaining Grant Funds to any General Contractor until the General Contractor
and/or all subcontractors have executed and the Contractor has received the conditional waiver
and release upon final payment or the unconditional waiver and release upon final payment.
12. The Contractor shall coordinate final inspection and payment of the General
Contractor Agreement retention with the Qualified Homeowner, with the General Contractor and
with the Agency. The contract retention shall not be paid by the Contractor to the General
Contractors and/or to the subcontractors until all time periods for filing liens have expired and no
liens have been filed under applicable Laws.
13. Prior to the payment by the Contractor of the Grant Funds, or any portion thereof,
to the General Contractor, for the construction, for the installation, for the performance and/or
for the completion of the Improvements and/or of the Work in connection with a Qualified
Homeowner's Mobile Home, the Contractor shall notify the Agency that the Contractor has
received an invoice for payment. Within ten (10) business days from receipt by the Contractor
of the invoice, the Contractor and the Agency shall inspect and approve the Improvements and/or
the Work identified in the invoice and constructed, installed, performed and/or completed by the
General Contractor and/or by any subcontractor. The Contractor shall not pay any such invoice
for the construction, installation, performance and/or completion of the Improvements and/or of
the Work until the Contractor and the Agency have inspected and approved, in writing, the
Improvements and/or the Work constructed, installed, performed and/or completed by the
General Contractor and/or by any subcontractors. The Agency reserves the right to approve
payment of an invoice in circumstances when no physical inspection is needed as determined by
the Agency in its sole and absolute discretion (i.e., fumigation for termites).
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14. The Contractor shall maintain accurate records for inspection by the Agency
concerning income and program occupancy of all persons obtaining assistance from the
Contractor pursuant to;.this Agreement including, but not limited to, the Grant Application and
the other Grant Documents, proof of ownership, income verification, comparables or appraisals
and/or Work write-ups. The original Grant Documents shall be executed and acknowledged,
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where appropriate, by the Agency and by the Qualified Homeowner, shall be for the benefit of
the Agency and shall be delivered by the Contractor to the Agency in connection with each Grant
made by the Agency to the Qualified Homeowner.
15. The Contractor shall also provide quarterly reports to the Agency, or as otherwise
required by the Agency, upon the request ofthe Executive Director to the Contractor.
16. From time to time, the Agency and the Contractor shall coordinate inspection of
the Improvements and/or of the Work at the Qualified Homeowner's Home to ensure that the
Improvements and/or the Work are performed, installed, constructed and completed in a good
workmanlike manner and in accordance with all applicable Laws.
17. The Contractor shall provide any and all services required by the Executive
Director or his/her designee, in order to effectively implement and complete the Services under
this Agreement.
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EXHIBIT "D"
Grant Application
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tor UH1ce LIse UNLY
Application Mailed out on: I
City Of San Bernardino- Redevelopment Agency
Oldtimers Foundation
Applicant's Name (Last, First, MI)
Applicant's Date of Birth
Co-Applicant's Date of Birth
Applicant's Spouse's Name or Co-Applicant
Applicant's Phone Number
Street Address
Space #
City/Zip
DO YOU HAVE ANY NOTICE OF VIOLATION WITH THE CITY OF SAN BERNARDINO CODE ENFORCEMENT
OR ANY OTHER CITY AGENCIES YES IF YES PROVIDE COPY. NO
y
r d'
'd
L" 11
r '
'd
h h
ears 1ve m reS1 ence: 1st a Dersons 1Vmg m reS1 ence ot er t an vou:
Name Relationship Age Emploved
Yes No
Any income must be shown in income section. Must show proof of income to qualifY. Written verification must be forwarded with application.
MONTHLY HOUSEHOLD GROSS INCOME
AFDC $ Social Security $ SSIISSP $
Disability $ Employment $ Food Stamps $
Unemployment Ins $ Pension/Retire $ Alimony $
Child Support $ Other/Real Prop, $
Total Monthly Income: $ Total Annual Income $
8
56,200
68,650
Ethnicity: (Please check all that apply) Optional
o Sf. Citizen(s)-60 or older
o Hispanic
o Black
o Female Head of Household
o Asian/Pacific
o White, Non-Hispanic
D Disabled One or More
D American Indian
D Other
I certify under penalty of perjury that the info~tion provided above is correct to the best of my knowledge. I
understand that the inclusion of any willful misrepresentation on this form constitutes ground for rejection of this
application and recapture of any financial benefit I may have received. I authorize Oldtimers Foundation and or
The Redevelopment Agency of tile City of San Bernardino to examine and verify any and all information
provided in this application.
Date:
Signature
Date:
Signature
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EXHIBIT "E"
Grant Approval Agreement
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OLDTIMERS FOUNDATION
8572 Sierra Avenue, Fontana, CA 92335/ Phone 909-829-03841 Fax 909-356-4520 I www.oldtimers.org
Mobile Home Rehabilitation Grant Program
Work Approval and Fund Release Form
Congratulations! Your application has been processed and approved for a grant under the Redevelopment
Agency of the City of San Bernardino (Agency) Rehabilitation Grant Program for Mobile Homes. Oldtimers Foundation
has been authorized by the Agency to manage and oversee this program. The Grant Program is designed to assist low-
income, senior, mobile home owners to make timely, necessary and/or emergency repairs to abate deficiencies. Your
property has been inspected and one or more conditions identified which are in need of repair, or which represent a safety
hazard, a violation of the Municipal Code (SBMC), and/or are contrary to the California Code of Regulations (CCR).
Your application meets program guidelines; thus, you are eligible to have certain of the deficiencies corrected at
no cost to you. Program focus is on noted code violations, or major health and safety issues. Please understand that
funds are limited; in order to serve as many citizens as possible, work priorities must be decided on an individual basis.
Landscaping, outside patios, decks, concrete, walkways, appliance repairs, decorative, custom, or cosmetic items are
generally not covered. Maximum grant per mobile home resident is $5,000, but your amount of grant may likely be much
lower than that. The grant is accessible to individuals only once every ten years.
If your mobile home is sold within one year after work is completed, you (the original beneficiary) must reimburse
the full grant amount back to the Agency. A copy of this contract will be sent to the mobile home park manager to be kept
with your records. Should a conflict arise between the homeowner and the Agency, Oldtimers Foundation, or
subcontractor, the Agency will be the final authority for the program.
Initial Approval of Work Proposed
Homeowner Name:
Site Address:
Park Name:
Mail Address (if different):
City-State-Zip:
Home Phone:
Work Phone:
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Date:
Mobile Homeowner Signature:
City Representative:
Date:
Final Approval of Work Completed
Authorization to Release Funds to Contractor(s)
Homeowner Signature:
Date:
Oldtimers Foundation Representative:
iF
Date:
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EXHIBIT "F"
Lead Based Paint Acknowledgment
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Lead Base Paint Pamphlet - Acknowledgement of Receipt
Confirmation of Receipt of Lead Pamphlet
o I have received a copy of the pamphlet, Renovate Right: Imporlant Lead Hazard Information for
Families, Child Care Providers and Schools informing me of the potential risk of the lead hazard
exposure from renovation activity to be performed in my dwelling unit. I received this pamphlet
before the work began.
Printed name of recipient
Date
Signature of recipient
Self -Certification Option (for tenant-occupied dwellings only) -
If the lead pamphlet was delivered but a tenant signature was not obtainable, you may check the
appropriate box below.
o Refusal to sign - I certify that I have made a good faith effort to deliver the pamphlet,
Renovate Right: Imporlant Lead Hazard Information for Families, Child Care Providers, and
Schools, to the rental dwelling unit listed below at the date and time indicated and that the
occupant refused to sign the confirmation of receipt. I further certify that I have left a copy of the
pamphlet at the unit with the occupant.
o Unavailable for signature - I certify that I have made a good faith effort to deliver the
pamphlet, Renovate Right: Imporlant Lead Hazard information for Families, Child Care providers
and Schools, to the rental dwelling unit listed below and that the occupant was unavailable to sign
the confirmation or receipt. I further certify that I have left a copy of the pamphlet at the unit by
sliding it under the door.
Printed name of person certifying
Attempted delivery date; and
Time lead pamphlet delivery.
Signature of person certifying lead pamphlet delivery
Unit Address
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Note Regarding Mailing Option - As an alternative to delivery in person, you may mail the lead
pamphlet to the owner and/or tenant. Pamphlet must be mailed at least 7 days before renovation
(Document with a certificate of mailing from the post office).
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EXHIBIT "G"
Lead Based Paint Disclosure
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To: Owners, Tenants and Purchasers of Housing Construction before 1978
Re: NOTIFICATION: Watch Out For Lead-Based Paint Poisoning
This property was constructed before 1978. There is a possibility it contains lead-based paint.
Please read the following information concerning lead-based paint poisoning.
Sources of Lead Based Paint
The interiors of older homes and apartments often have layers of lead-based paint on the walls,
ceilings, window sills, doors and door frames. Lead-based paint and primers may also have been
used on outside porches, railings, garages, fire escapes and lamp posts. When the paint chips,
flakes or peels off, there may be a real danger for babies and young children. Children may eat
paint chips or chew on painted railings, window sills or other items when parents are not around.
Children can also ingest lead even if they do not specifically eat paint chips. For example, when
children play in an area where there are loose paint chips or dust particles on their hands, put
their hands into their mouths, and ingest a dangerous amount of lead.
Hazards of Lease-Based Paint
Lease poisoning is dangerous - especially to children under the age of seven (7). It can
eventually cause mental retardation, blindness and even death.
Symptoms of Lead-Based Paint Poisoning
Has your child been especially cranky or irritable? Is he or she eating normally? Does your child
have stomach aches and vomiting? Does he or she complain about headaches? Is your child
unwilling to play? These may be signs of lead poisoning. Many times though, there are no
symptoms at all. Because there are no symptoms does not mean that you should not be
concerned if you believe your child has been exposed to lead-based paint.
Advisability and Availability of Blood Lead Level Screening
If you suspect that your child has eaten chips of paint or someone told you this, you should take
your child to the doctor or clinic for testing. If the test shows that your child has an elevated
blood lead level, treatment is available. Contact your doctor or local health department for help
or more information. Lead screening and treatmept are available through the Medicaid Program
for those who are eligible. If your child is identified as having an elevated blood lead level, you
should immediately notify the Community Development or other agency to which you or your
landlord is applying for rehabilitation assistance so the necessary steps can be taken to test your
unit for lead-based paint hazards. If your unit does have lad-based paint, you may be eligible for
assistance to abate that hazard.
Precautions to Take to Prevent Lead-Based Paint Poisoning
You can avoid lead-based paint poisoning by performing some preventive maintenance. Look at
the walls, ceilings, doors, door frames and window sills. Are there places where the paint is
peeling, flaking, chipping, or powdering? If so, there are some things you can do immediately to
protect your child:
(a) Cover all furnityre and appliances;
(b) Dust containing lead can be a health hazard. DO NOT vacuum loose paint. Sweep and
damp mop;
P:lAgendaslAgenda Attachments\Exhibits\201 0/7.19.1 0 Oldtimers Mobile Home Grant Program LBP Disclosure
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(c) Sweep up all pieces of paint and plaster and put them in a paper bag or wrap them in
newspaper. Put these packages in the trash can. DO NOT BURN THEM;
(d) Do not leave paint chips on the floor or in window wells. Damp mop floors and window
sills in and around the work area to remove all dust and paint particles. Keeping these
areas clear of paint chips, dust and dirt is easy and very important, and;
(e) Do not allow loose paint to remain within your children's reach since children may pick
loose paint off the lower part of the walls.
Homeowner Maintenance and Treatment of Lead-Based Paint Hazards
As a homeowner, you should take the necessary steps to keep your home in good shape. Water
leaks from faulty plumbing, defective roofs and exterior holes or breaks may admit rair and
dampness into the interior of your home. These conditions damage walls and ceilings and cause
paint to peel, crack or flake. These conditions should be corrected immediately. Before
repainting, all surfaces that are peeling, cracking, chipping or loose should be thoroughly cleaned
by scraping or brushing the loose paint from the surface, then repainted with two (2) coats of
non-leaded paint. Instead of scraping and repainting, the surface may be covered with other
material such as wallboard, gypsum or paneling. Beware that when lead-based paint is removed
by scraping or sanding, a dust is created which may be hazardous. The dust can enter the body
either by breathing it or swallowing it. The use of heat or paint removers could create a vapor or
fume which may cause poisoning if inhaled over long period of time. Whenever possible, the
removal of lead based paint should take place when there are no children or pregnant women on
the premises. Simply painting over defective lead based paint surfaces does not eliminate the
hazard. Remember that you as an adult playa major role in the prevention of lead poisoning.
Your actions and awareness about the lead problem can make a big difference.
Tenant and Homebuver Responsibilities
You should immediately notify the management office or the agency through which you are
purchasing your home if the unit has flaking, chipping, powdering or peeling paint, water leaks
from plumbing, or a defective roof. You should cooperate with that office's efforts to repair the
unit.
I have received a copy of the Notice entitled: Protect Your Family From Lead in Your Horne.
,.
Homeowner's Signature
Oldtimers
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Exhibit B
The Oldtimers Foundation
Elderly / Special Needs Minor Repair Grant Program Agreement
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CDC/2010-45
CONTRACTOR SERVICES AGREEMENT
MINOR GRANT REPAIR PROGRAM
(ELDERLY/SPECIAL NEEDS)
THIS CONTRACTOR SERVICES AGREEMENT MINOR GRANT REP AIR
PROGRAM (ELDERLY/SPECIAL NEEDS) (hereinafter the "Agreement") is dated as of 2nd
day of August, 2010, (the "Effective Date") by and between the Redevelopment Agency of the
City of San Bernardino, a public body, corporate and politic (hereinafter the "Agency"), and the
Oldtimers Foundation, a California non-profit corporation (hereinafter the "Contractor"). The
Agency and the Contractor are sometimes hereinafter individually referred to as "Pal1:.1''' and
hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, the Parties previously entered into an agreement entitled "Contractor
Services Agreement Minor Grant Repair Program (Elderly/Special Needs)" (the "2003
Agreement"), dated as of January 6, 2003, as amended, in which the Contractor, without
limitation, agreed to perform and to assume responsibility for the obligations of the affordable
housing grant administration and for the maintenance services described therein, subject to the
terms, covenants and conditions set forth therein; and
WHEREAS, the Parties intend to execute, to deliver and to perform the terms, the
covenants and the conditions of this Agreement, including, without limitation, the performance
by the Contractor of the services described in this Agreement and in Exhibit "A" attached hereto
and incorporated herein by this reference (collectively, the "Services"); and.
WHEREAS, the Agency desires to execute a one (1) year agreement with the Contractor,
renewable annually for two (2) additional one (1) year extensions by the Agency as set out herein
and subject to the appropriation by the United States Department of Housing and Urban
Development ("HUD"); and
WHEREAS, the Agency intends to allocate an amount not to exceed the sum of Twelve
Thousand Dollars ($12,000) annually with the Agency Redevelopment Low and Moderate
Income Housing Funds (the "Housing Fund") in accordance with the terms, the covenants and
the conditions of this Agreement, which amount may be increased by the Agency in the event the
minimum number of required Grants is exceeded by the Contractor for any given year; and
WHEREAS, the Services to be provided by Contractor are intended to benefit low-
income elderly and special needs owner-occupants of homes anywhere within the territorial
jurisdiction of the City of San Berpardino (the "City") with minor home repairs. The Agency
shall provide the funds necessary to the Contractor to provide the Services herein from its
Housing Fund. For purposes of this Agreement, the words "elderly persons" or "senior citizen"
mean and refers to per~ons or households where at least one (1) resident member is at least sixty
(60) years of age as authorized by Health & Safety Code Section 50067. The words "low-
income" mean and refer to the household income limits established under Health & Safety Code
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Section 50079.5. The words "owner-occupied housing unit" or "Owner-occupants of homes"
refers to an owner-occupied housing unit as defined in Health & Safety Code Section 50092.1.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS MENTIONED
ABOVE, THE MUTUAL PROMISES OF THE AGENCY AND OF THE CONTRACTOR IN
THIS AGREEMENT AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENTY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE
AGENCY AND BY THE CONTRACTOR, THE AGENCY AND THE CONTRACTOR
AGREE AS FOLLOWS:
OPERATIVE PROVISIONS
SECTION I
ENGAGEMENT AND SERVICES OF THE CONTRACTOR
1. En2a2ement of Contractor
The Agency hereby engages the Contractor, subject to the terms, the covenants and the
conditions set forth in this Agreement, to perform the Services set forth in Exhibit "A."
The Contractor agrees to perform the Services in accordance with the terms, the
covenants and the conditions of this Agreement.
2. Performance of the Contractor and Warrant of Authority
The Contractor accepts the relationship of trust and confidence established between the
Agency and the Contractor by the terms of this Agreement. The Contractor covenants
with the Agency to furnish its best skill, judgment and efforts and to cooperate with the
Agency and with any other individual, contractor, subcontractor, or entity, whether or not
contracted for by the Contractor or by the Agency in the perfOlmance of the Services.
The Contractor covenants to use its best efforts to perform the duties and obligations of
the Contractor under this Agreement in an efficient, expeditious and economical manner,
consistent with the best interests of the Agency. Contractor represents and warrants to
the Agency that the Contractor has taken all corporate actions necessary to enter into this
Agreement, to perform and to be bound by this Agreement.
3. The Contractor's Personnel
The Contractor shall provide professional, competent and experienced workers,
administrative and management personnel to perform the Services."
4. The Contractor's Responsibilities for Costs and Expenses
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The Contractor shall be responsible for all costs and expenses incurred by the Contractor
relative to and in connection with the performance of the Services, including, without
limitation, paYIl."lent of salaries, workers compensation insurance coverage, fringe benefits
contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead
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expense, travel expenses, telephone and other telecommunication expenses, and
document reproduction expenses.
SECTION II
RESPONSIBILITIES OF THE CONTRACTOR
1. Personnel
The Services shall be performed by the Contractor under the direct supervision and
control of the Contractor. The Contractor represents to the Agency that the Contractor
possesses the professional and technical employees and personnel required to perform the
Services. The Agency retains the Contractor on an independent contractor basis and the
Contractor is not an employee of the Agency. The employees, personnel, contractors
and/or subcontractors performing the Services, or any part thereof, on behalf of the
Contractor shall at all times be under the Contractor's exclusive direction and control.
The Contractor shall pay all expenses including, without limitation, salaries, fringe
benefit contributions, payroll taxes, withholding taxes and other taxes or levies and all
other amounts due such employees, personnel, contractors or subcontractors or due any
other individual or entity (collectively, the "Performing Parties") as a result of the
performance by such Performing Parties, or anyone of them, in connection with the
performance of the Services, or any part thereof, under this Agreement and, as required
by one (1) or more federal, state, municipal and/or 10ca11aws, statutes, codes, ordinances,
regulations, rules, or orders, as amended from time to time (collectively, the "Laws"),
which shall include, but not be limited to, Social Security taxes, income tax withholding,
unemployment insurance and workers compensation insurance.
2. Cooueration/Project Administration
Contractor shall work closely and cooperate fully with the Interim Executive Director of
the Agency, including his or her designee (the "Project Administrator"), and any other
agencies which may have jurisdiction or interest in the Services. The Project
Administrator will administer this Agreement. The Project Administrator, including his
or her designee, shall be the contact person for the Agency for liaison with the
Contractor, and shall review and give approval to and for the Services as such Services
are performed.
3. Project Mana2er
The Contractor shall designate and assign a project manager (the "Project Manager"),
who shall coordinate all phases of the Services herein. The Project Manager shall be
available to the Agency alcall reasonable times. The Contractor designates Michael
Mi10n, as its Project Manager.
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4. Time of Performance
The Services to be performed by Contractor under and pursuant to this Agreement shall
be for a period of one (1) year, from ,July 1, 2010 through June 30, 2011 (the
"Completion Date"). The Interim Executive Director of the Agency is authorized to
extend the Completion Date for up to two (2) additional one (1) year term extensions
(singularly and collectively, the "Term Extensions") after the Completion Date, subject to
the approval by the Agency and subject to the availability of the Housing Fund. In order
to determine whether the Agreement shall be renewed, each year as part of the Agency's
budget process, Agency staff shall review the Contractor's performance under this
Agreement, including, but not limited to whether goals have been met as shown.by the
quarterly updates. In the event the Agency determines that the Contractor's goals need to
be modified in order to extend the Agreement, the Agency may modify the goals and
compensation therefore; compensation for additional goals may be addressed as set out in
Section IV (1). Notwithstanding, in the event that HUD terminates or reduces funding
for this program, this Agreement may be adjusted or terminated accordingly.
5. Report Materials
At the Completion Date, and annually thereafter for anyone (1) year extension of this
Agreement as provided therein, the Contractor shall deliver to the Agency all
instruments, documents, agreements, data, studies, surveys, drawings, maps, models,
photographs, and reports prepared by the Contractor or prepared by others for the use
and/or the benefit of the Contractor or otherwise provided to the Contractor by the
Agency or by others under this Agreement (collectively, the "Report Materials"). The
Report Materials shall be considered the property of the Agency and. shall be delivered to
the Agency on the Completion Date or earlier, if applicable, upon termination of the
Agreement, or upon the termination of any Term Extensions.
6. A2:encv Policy
The Contractor shall discuss and review all matters relating to the Services with the
Project Administrator upon request in order to ensure that the Services proceed in a
manner consistent with the goals and policies of the Agency and this Agreement.
7. Conformance to Applicable Reauirements
The Services shall be performed by the Contractor, by all contractors and by all
subcontractors performing the Services, or any part thereof, in accordance with this
Agreement and all Laws, including, without limitation, the requirements of all governing
bodies that have jurisdictionpver the Parties and/or over the Services, or any part thereof.
8. Indemnification
The Contractor;shall indemnify, defend with legal counsel reasonably acceptable to the
Agency, protect and hold the City and the Agency, and their respective elected officials,
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directors, officers, members, managers, consultants, contractors, employees, agents and
attorneys, and the successors and assigns of each of them (singularly and collectively, the
"Indemnified Parties" which defined term shall also include the City and the Agency),
harmless from and against all actions, causes of action, claims, demands, liabilities,
damages, losses, liabilities, obligations, judgments, suits, costs, expenses and fees
(including, without limitation, reasonable attorneys' fees, court costs and expert fees of
any nature whatsoever), now or hereafter arising from or related to: (i) any act or
omission of the Contractor and/or of any of the Contractor's directors, officers, members,
managers, consultants, contractors, subcontractors, materialmen, laborers, any other
person or entity furnishing or supplying work, services, goods, or supplies in connection
with the performance of this Agreement, employees and agents, and the successors..and/or
assigns of each of them (singularly and collectively, the "Indemnifying Parties" which
defined term shall also include the Contractor), in performing, or failing to perform, its
obligations hereunder, (ii) any default by the Contractor under this Agreement, subject to
any applicable cure period, (iii) any violation by any of the Indemnifying Parties of any
Laws, (iv) any warranty or representation made by the Contractor to the Agency in this
Agreement that is or becomes false and untrue, (v) death, bodily injury and/or personal
injury to any person, (vi) any destruction, loss or damage to real property or personal
property, (vii) the presence of any hazardous substances at, on, in, above, under or about
any home or structure where the Services are or were performed, in whole or in part,
directly or indirectly, from the acts or omissions of any Indemnifying Parties and/or (viii)
the aggravation of any environmental condition by any Indemnifying Parties at, on, in,
above, under or about the home or any structure where the Services are or were
performed, in whole or in part. Without limiting the Contractor's indemnification of the
Indemnified Parties, the Contractor shall provide and maintain, at its sole cost and
expense during the term of this Agreement, the insurance described in this Agreement.
Such insurance shall be provided by insurer(s) satisfactory to the Agency and evidence of
such insurance satisfactory to the Agency shall be delivered to the Interim Executive
Director no later than the Effective Date of this Agreement; provided, however, the
Contractor shall not be liable under this indemnification provision for any loss resulting
from the sole negligent acts or willful misconduct of the Agency or of the City.
9. Standard of Care: License
The Contractor represents and warrants to the Agency that the Contractor and the other
Performing Parties shall be fully qualified, shall comply with Agreement and are
authorized or permitted under all applicable Laws to perform the Services, and shall
perform the Services in a skillful and competent manner. The Contractor including the
other Performing Parties shall be responsible to the Agency for any errors or omissions in
the execution of the duties of the Contractor and/or of the other Performing Parties under
this Agreement and in the PFformance of the duties by the Contractor and/by the other
Performing Parties hereunder. The Contractor represents and warrants that the Contractor
and all other Performing Parties engaged in the performance of the Services, or any part
thereof, have all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice their respective profession. The Contractor further
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represents and warrants that the Contractor and the other Performing Parties shall keep in
effect all such licenses, permits, and other approvals during the tenn of this Agreement.
10. Insurance
The Contractor shall obtain and keep in force during the term of this Agreement, at its sole
cost and expense, the following insurance policies: (i) a commercial general liability
policy of insurance with coverage at least as broad as "Insurance Services Office
Commercial General Liability Form (G0001)", in the amount of One Million Dollars
($1,000,000) combined single limit per occurrence, naming the Agency and the City and
the elected officials, officers, employees, attorneys and agents of each of them as
additional insureds (collectively, the "Additional Insureds") with said insurance covering
comprehensive general liability including, but not limited to, contractual liability, assumed
contractual liability under this Agreement, acts of subcontractors, premises-operations,
explosion, collapse and underground hazards, if applicable, broad form property damage,
and personal injury including libel, slander and false arrest, (ii) comprehensive automobile
liability insurance covering owned, non-owned and hired vehicles by or for the
Contractor, combined single limit in the amount of One Million Dollars ($1,000,000) per
occurrence, naming the Additional Insureds as additional insureds on each automobile
insurance policy, (iii) workers' compensation insurance in such insurance coverage
amounts as statutorily required, or similar insurance in form and amounts required by law,
and employer's liability insurance, combined single limit in the amount of One Million
Dollars ($1,000,000), and (iv) errors and omissions and professional liability, combined
single limit in the amount of One Million Dollars ($1,000,000) per occurrence.
Any and all insurance policies required hereunder shall be obta~ned from insurance
companies admitted in the State of California and rated at least A: XII in the most current
Best's Key Rating Insurance Guide. In no event shall the Contractor be permitted or
entitled to assign to any third party rights of action which the Contractor may have against
the Agency. All said insurance policies shall provide that they may not be canceled unless
the Agency and the City receive written notice of cancellation at least thirty (30) calendar
days prior to the effective date of cancellation. Any and all insurance obtained by the
Contractor shall be primary to and shall not be contributing with any insurance carried by
the Agency or by the City whose insurance shall be considered excess insurance only.
Any insurance which the Agency and/or City may otherwise carry, including self
insurance, for all purposes of this Agreement shall be separate and apart from the
requirements of this Agreement. Legal counsel for the Agency must approve each
insurance policy required in this Agreement. The Contractor waives subrogation and
agrees that the Contractor, the Agency and the City are co-insured. The insurer shall have
no right of subrogation against the Agency, against the City or against any of the other
Additional Insureds. The Apditional Insureds shall be named as additional insureds on
each insurance policy.
All insurance wgich the Contractor shall carry or maintain pursuant to this Section shall
be in such form,; for such amounts, for such periods of time as the Agency may require or
approve.
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The Contractor shall deliver or cause to be delivered to the Agency concurrently upon the
execution of this Agreement an endorsement of the insurance policies required in this
Section evidencing the existence of the insurance coverage required by the Agency under
this Section and shall also deliver, no later than thirty (30) calendar days prior to the
expiration of any insurance policy, a certificate of insurance evidencing each renewal
policy covering the same risks.
The Contractor shall include all contracting and/or subcontracting consultants, if any, as
insured under the insurance policies of the Consultant or shall furnish separate certificates
and endorsements for each contractor and/or subcontractor. All coverage for each
contractor and/or subcontractor shall be subject to the requirements stated herein. The
Agency shall have the right to require the Contractor to provide additionally insurance
coverage, in such coverage amounts and with such deductibles as reasonably requested by
the Agency, at the sole cost and expense of the Contractor.
11. Prohibition Ae:ainst Transfers
a. The Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly by operations of law without the prior
written consent of the Agency. Any attempt to do so without the prior written
consent of the Agency shall be null and void, and any assignee, sub-lessee,
hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation, or transfer.
b. The sale, assignment, transfer, or other disposition of any of the issued and
outstanding capital stock of the Contractor, if the Contractor is a corporation or of the
interest of any general partner, interest of any member of a limited liability company,
joint venture or syndicate member or co-tenant of the Contractor, if the Contractor is
a partnership, limited liability company, a joint venture or a syndicate or a co-
tenancy, which shall result in changing the control of the Contractor, shall be deemed
an assignment of this Agreement. For purposes of this paragraph, "control" means
the ownership of fifty percent (50%) or more of the voting power of the corporation
of fifty percent (50%) or more of the voting power of a partnership, limited liability
company, joint venture, syndicate or co-tenancy.
12. Proe:ress and Quarterlv Reuorts
The Contractor is responsible to keep the Project Administrator his or her duly authorized
designee informed on a quarterly basis regarding the status and progress of the Services,
activities performed and plpnned, and any meetings that have been scheduled or are
desired relative to the Services or relative to this Agreement. The Contractor shall also
provide written monthly reports on the Services provided herein to the Project
Administrator..Such reports will include, but are not limited to, the names, the addresses,
the income, arid the household size of all applicants obtaining assistance from the
Contractor and other demographic information as may be reasonably requested by the
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Project Administrator in the form provided for in Exhibit "B" attached hereto and
incorporated herein by this reference. As promptly as feasible, following the Effective
Date, the Contractor shall prepare and deliver to the Project Administrator, from time to
time, the written listing of the applicants for the Services.
13. News Releases
No news releases, including photographs, public announcements, or confirmations of the
same, of any part of the subject matter of this Agreement or any phase of the Services
shall be made without prior written consent of the Project Administrator.
14. Schedulin2:
The Contractor shall schedule and coordinate the performance of the Services with the
Project Administrator. The Services hereunder shall be performed on an as-needed, first
come first serve basis, to all qualified homeowners except as otherwise required by the
Agency.
15. Deadlines/Ri2:ht to Contract
The Contractor's obligation hereunder is to perform and to complete the Services and to
meet any deadlines set forth therein as required by the Agency and in compliance with
this Agreement. The Contractor retains the right to contract for similar Services with any
other entity, public or private.
SECTION III
RESPONSIBILITIES OF THE AGENCY
1. Cooperation
The Agency and the Contractor shall cooperate with each other relative to the provisions
and implementation of the Services. The Contractor will exercise its best efforts to
approve, to complete, to process, to conduct and to finalize fifty (50) minor repair grants
(singularly, a "Grant" and collectively, the "Grants") for the elderly and/or for individuals
with special needs.
SECTION IV
COMPENSATION
1.
Compensation
c
The Agency shall for the first year and for the Extension Terms, if any, compensate the
Contractor for the performance of the Services using the Housing Fund in accordance
with the following schedule:
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15% of the Housing Fund disbursed
by the Contractor under this
Agreement not to exceed an annual
amount of$12,000
Annual Program Administration Fee for
CONTRACTOR
$80,000.00
Annual Minor Grant Repair Program (Elderly/Special
Needs)
$92.000
Notwithstanding the foregoing, in the event the Contractor exceeds fifty (50) Grants in
any given year, additional grant funds (the "Grant Funds") will need to be procured in
order to fund any additional Grants made by the Contractor under this Agreement. The
Agency will exercise its reasonable efforts to amend this Agreement, in writing, and to
obtain additional Grant Funds to fund additional Grants, in excess of fifty (50) Grants, by
the Contractor for that year. The Agency makes no warranty, no representation and no
covenant to the Contractor that the Agency will be able to obtain any additional Grant
Funds to fund any additional Grants under this Agreement.
2. Payment of Compensation
From and after the Effective Date of this Agreement and for the remaining one (1) year
term of this Agreement, subject to the Term Extensions by the Agency as provided for in
this Agreement, the Program Administration Fee payable by the Agency to the
Contractor as compensation for the Services performed by the Contractor under this
Agreement shall be paid by the Agency directly to the Contractor upon receipt by the
Agency of a corrected invoice and the Housing Funds disbursement ledger (the "Housing
Funds Disbursement Ledger") which shows all Housing Fund payments authorized by
the Agency and disbursed by the Contractor to the architects, to the engineers, to the
general contractors and/or to the subcontractors under this Agreement for which the
Contractor has not been paid by the Agency. The Contractor may not invoice the Agency
more than once per month for the Housing Fund disbursed by the Contractor under this
Agreement and the Agency shall pay to the Contractor the correct amount identified on
the invoice within thirty (30) calendar days after the receipt by the Agency of the
following: (i) a corrected invoice, in the form provided for in Exhibit "B" attached hereto
and incorporated herein by this reference, (ii) the Housing Funds Disbursement Ledger,
(iii) evidence satisfactory to the Agency of the number of hours worked and the nature of
the Services performed, and (iv) evidence satisfactory to the Agency evidencing the
number of households assisted monthly. The Program Administration Fee shall be 15%
of the Housing Funds disbursed by the Contractor under this Agreement and shall not
exceed Twelve Thousand ~llars ($12,000), in the aggregate, for the first year of this
Agreement, and for the Term Extensions, if any, by the Agency, as provided for in this
Agreement.
3. Withholding
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a. Disputed Sums: The Agency may withhold payment of any portion of the Program
Administration Fee if payment is disputed by the Agency until resolution of the
dispute with the Contractor. Such withholding by the Agency shall not be deemed to
constitute a failure to pay by the Agency. The Contractor shall not discontinue the
performance of the Services for a period of sixty (60) days from the date such
payment is withheld hereunder. The Contractor shall have an immediate right to
appeal to the commission that governs the Agency with respect to withheld amounts,
provided however, that any claim which the Contractor may have against the Agency
shall be submitted in writing within the period of time allowed for the submission of
claims against the Agency under Government Code Section 911.2. The Contractor
shall be entitled to receive interest on any portions of the payment withheld,'" which
are thereafter deemed to be properly payable to the Contractor at the rate of five
percent (5%) per annum, simple interest.
b. Retention: The Agency shall have the right to retain an amount equal to ten percent
(10%) of the payment (the "Retention") as invoiced by the Contractor until a period
of thirty (30) days following the Completion Date, or thirty (30) days after the
expiration of the Term Extensions, if any, as provided for and in accordance with this
Agreement, at which time the Retention shall be remitted by the Agency to the
Contractor; provided that no event of default may then exist. The Agency shall have
the right without further liability to the Contractor, to utilize the Retention to satisfy
obligations of the Agency relative to the Services in the event the Contractor does not
complete the Services in a manner that is satisfactory to the Agency and/or as
required by this Agreement.
SECTION V
EXPIRATION AND TERMINATION
1. Termination
a. Termination by Written Notice of Agency: Agency may, by written notice to the
Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to the Contractor of such tennination. In the event of
termination without cause, the Contractor shall be compensated for the work
performed up to that date of termination. Payment for work completed under this
Agreement to the date of termination shall be made strictly on the basis of work
actually completed by Contractor to the satisfaction of the Agency. In no event shall
the total compensation to the Contractor for the Services performed under this
Agreement exceed Twelve Thousand Dollars ($12,000), in the aggregate, for the first
one (1) year term of this Agreement, and for the Term Extensions, if any, by the
Agency as provided forrin the Agreement. The Contractor shall be entitled to no
further compensation after the effective date of any termination of this Agreement.
b. Termination by Contractor: Contractor may not terminate this Agreement except for
cause.
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c. Termination Upon Event of Default: In addition to any other available legal or
equitable rights or remedies, upon an Event of Default by the Contractor, the Agency
shall have the right to terminate this Agreement upon written notice to the Contractor.
Such termination shall be effective on the date that the notice of termination is given
pursuant to Section VI, paragraph 6 below.
2. Events of Default
Each of the following events shall constitute an "Event of Default":
a. The Contractor shall fail to observe, perform or comply with any material term,
covenant, agreement or condition of this Agreement which is to be observed,
performed, complied with by the Contractor, if such failure to continue uncured for
three (3) calendar days, after the Agency gives the Contractor notice of any failure,
and specified the nature of such failure.
b. The Contractor shall commit any fraud, misrepresentation, breach of fiduciary duty,
willful misconduct, or intentional or breach of any provision of this Agreement.
c. The Contractor makes a representation or warranty in this Agreement that becomes
false or untrue.
3. Cooperation Upon Termination
If this Agreement is terminated in any manner provided for herein, the Contractor shall
provide to the Agency upon request by the Agency all unfinished or finished documents,
data, report, and/or drawings prepared by the Contractor for the providing of the Services,
or any part thereof, under this Agreement. Contractor further covenants to give good
faith cooperation in the transfer of work to any other architect, engineer, contractor,
subcontractor or other individual or entity designated by the Agency to complete the
provision of the Services, or any part thereof, following the termination of the Agreement
and to participate at no cost to the Agency in such meetings as may be deemed necessary
by the Agency to effectively accomplish the transfer.
4. Termination Date
In addition to paragraphs 1 and 2 of Section V, this Agreement shall terminate upon the
delivery of all documents required under Section 11.4 and either (i) the Completion Date,
or the expiration date of the Term Extensions, if any, as provided for and subject to this
Agreement, or (ii) full payment by the Agency to the Contractor of the Program
Administration Fee under tpis Agreement, provided however, that the indemnification
and the insurance provisions of this Agreement shall survive such termination date.
VI
GENERAL PROVISIONS
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1. Nondiscrimination bv the Contractor
During the Contractor's performance of the Services, the Contractor, its affiliates,
subsidiaries, or holding companies, shall not discriminate on the grounds of race,
religion, creed, color, national origin, age, ancestry, physical handicap, medical
condition, marital status, sex, or sexual orientation in the performance by the Contractor
of the Services, including, without limitation, in the selection and retention of any
applicants, employees, general contractors and subcontractors and the procurement of
materials and equipment, except as provided in Section 12940 of the California
Government Code. Such nondiscrimination shall include, but not be limited ..to, the
following: employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
2. A2:encv's Ri2:hts to Emvlov Other Contractors
The Agency reserves the right to employ other contractors and/or subcontractors in
connection with the performance and the completion of the Services, subject to the
written reasonable approval of the Agency.
3. Conflicts of Interest
a. The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act"), which: (i) requires such persons to disclose
financial interests that may foreseeably be materially affected by the work performed
under this Agreement, and (ii) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interests.
b. If the Contractor is subject to the Act, the Contractor shall conform to all
requirements of the Act. The failure by the Contractor to conform to all requirements
of the Act constitutes a material breach and is grounds for termination of this
Agreement by the Agency. !
4. Subcontractor
The Contractor shall not subcontract any portion of the Services except as expressly
stated herein, without prior written consent of the Agency. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
5.
Waiver
r
No waiver of any default shall constitute a waiver of any other breach or default, whether
of the same or ,!ny other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by other Parties shall give the other any contractual right
by custom, estoppels, or otherwise.
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6. Notices
All notices required hereunder shall be given in writing to the following addresses or
such other addresses as the parties may designate by written notice:
To the Agency:
Redevelopment Agency
of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401
Attn: Emil A. Marzullo, Interim Executive Director
To the Contractor:
Oldtimers Foundation
8572 Sierra Avenue
Fontana, California 92335
Attn: Michael Milon, Administrator
Notice shall be deemed received as follows, depending upon the method of transmittal:
by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by
U.S. Mail, certified, return receipt requested, as of 72 hours after deposit in the U.S. Mail.
7. Authoritv to Enter A2reement
The Contractor is a non-profit community services organization duly organized, validly
existing in good standing under the laws of the State of California and will continue to be
so during the term of this Agreement. The Contractor has all requisite power and
authority to conduct its business and to execute and deliver, and' to perform all of its
obligations under this Agreement. Each Party warrants that the individuals who have
signed this Agreement have the legal power, right and authority to enter into this
Agreement so as to bind each respective party to perform the conditions contemplated
herein.
8.
Severabilitv
"
If any portion of this Agreement is declared by a court of competent jurisdiction to be
invalid or unenforceable, the remaining provisions of this Agreement shall continue in
full force and effect.
9. Time is of the Essence
Time is of the essence in tips Agreement, and all Parties agree to execute all documents
and to proceed with due diligence to complete all covenants and conditions set forth
herein.
10. Attornevs Fees and Costs
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If any legal action or other proceeding is brought for the enforcement of this Agreement
or because of an alleged dispute, breach, default, or misrepresentation in connection with
an provisions of this Agreement, the successful or prevailing Party shall be entitled to
recover reasonable attorneys; fees and other court costs incurred in that action or
proceeding, in addition to any other relief to which it may be entitled. The costs, salary
and expenses of the City Attorney and members of his office in enforcing this Agreement
on behalf of the Agency shall be considered "attorney's fees" for the purpose of this
Section.
11. Governinf! Law and Venue
This Agreement shall be construed in accordance with and governed by the laws of the
State of California. Any lawsuit brought to enforce this Agreement shall be brought in
the appropriate court in San Bernardino County, State of California.
12. Davs
Any term in this Agreement referencing time, days, or period for performance shall be
deemed to be calendar days and not workdays.
13. Entire Af!reement
This Agreement contains the entire agreement of the Agency and the Contractor and
supersedes any prior or written statements or agreements between the Agency and the
Contractor. No supplement, modification, or amendment of this Agreement shall be
binding unless executed in writing by both Parties.
14. Bindinf! on Assif!ns
Each and all of the covenants and conditions of this Agreement shall be binding on and
shall inure to the benefit of the successors and assigns of the respective parties.
15.
Invaliditv
!
The illegality of any provision of this Agreement shall not affect the remainder of this
Agreement.
16. Counterparts
This Agreement may be signed in counterparts, each of which shall constitute an original
and which collectively shalljonstitute one instrument.
17. Captions
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The captions of the various articles and paragraphs of this Agreement are for the
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement or of any part or parts of this Agreement.
18. Construction
In all cases, the language in all parts of this Agreement shall be construed simply,
according to its fair meaning and not strictly for or against any Party, it being agreed that
the Parties or their agents have all participated in the preparation of this Agreement.
19. Cooperation/Further Acts
The Parties shall fully cooperate with one another in attammg the purposes of this
Agreement and, in connection therewith, shall take any such additional further acts and
steps and sign any such additional instruments, documents and/or agreements as may be
necessary, appropriate and convenient as related thereto.
20. Suspension of Work
Notwithstanding any other provision in this Agreement to the contrary, the Services
performed by the Contractor may be suspended by the Agency in whole or in part from
time to time, in any number of times, when determined by the Agency, in its sole
discretion, that suspension is necessary and in the interest of the Agency. The Contractor
shall comply immediately with any written order by the Agency suspending the Services.
The Services shall be suspended until receipt by the Contractor of a written Services
commencement order from the Agency. Further, and notwit~standing any other
provision of this Agreement to the contrary, any such suspension shall not relieve the
Contractor of any of its obligations under this Agreement. Further, and notwithstanding
any other provisions of this Agreement to the contrary, any such suspension shall be
without any liability of the Agency to the Contractor, and the Contractor shall not be
entitled to any additional compensation as a result of such suspension.
21. Incorporation of Recitals and Exhibits >'
a. The "Recitals" are true and correct, constitute a material part hereof, and are hereby
incorporated by reference herein as though fully set forth herein.
b. The Exhibit "A" and the Exhibit "B" shall constitute a material part hereof, and are
hereby incorporated by reference herein as though fully set forth herein.
22.
References
r
All references to the Contractor shall include all personnel, employees, agents,
contactors, and subcontractors of the Contractor, and the permitted successors and
assigns of the Contractor.
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1//
1//
1//
/1/
1//
1//
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IN WITNESS WHEREOF, the Parties hereto have accepted and made and executed this
Agreement upon the terms, conditions, and provisions set forth above as the Effective Date.
Redevelopment Agency
of the City of San Bernardino,
a public body, corporate and politic
By:
~---
diL ~C\_/
Emil A. Marz .. ,
Interim Executive Director
Approved as form:
\/~~
Age~cy Couns I
Oldtimers Foundation,
a California non-profit corporation
By:
Name:
Title:
'cey
!
r
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EXHIBIT "A"
Services
!
("
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EXHIBIT A
SCOPE OF SERVICES
AGENCY AND OLDTIMERS FOUNDATION AGREEMENT
ELDERLY/SPECIAL NEEDS MINOR HOME REPAIR GRANT PROGRAM
The Contractor shall provide minor home repair services to lower income senior citizen (as
defined in C below) homeowners within the City of San Bernardino in order to maintain the
existing affordable single-family housing stock through compliance with municipal health and
safety codes. The minor home repairs includes, but is not limited to the following: ..
A. ALLOW ABLE REPAIRS
1. Plumbing & Heating
Repair/Replace: Tank and commode parts, faucet washers, showerheads, outside water
faucets, adjust lawn sprinkler heads.
Check/Maintain: Thermostats, swamp and water coolers (filters and motors replaced as
needed) kitchen & bathroom sinks for leaks, garbage disposals for foreign objects and
debris. Unclog sink, shower, bath, toilet and laundry drains, cover and uncover turbines,
water heater replacement, minor heating and cooling systems malfunctions.
2. Electrical
Repair and Replace: Switches, outlets, cartridge type fuses
Check and Maintain: Oven and range hood, fan and vents, bathroom vents for proper
operational functions, existing smoke detectors. Install smoke detectors.
3. CARPENTRY
Repair/Replace/Realign: Cabinet and door hinges, binding doors, damaged door
hardware, worn and damaged window or door screens, broken windows. Build and
install medical or handicapped ramps with handrails. Install hand-held bath or shower
rails. Floor joist and sheathing locations as needed.
4. GENERAL
Repair/Replace: Towel raeks, shower curtain rods, soap and toilet tissue holders,
window glass and door replacement, damaged floor tiles. Patch minor roof leaks. Install
deadbolt or security locks on doors, windows, patio doors and windows. Install garage
door springs, carPet, medical and or handicapped ramps.
Exhibit "A-I"
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CDC/2010-45
B. EXPENDITURES AND PROGRAM LIMIT A TIONS
Agency funds will be used to reimburse Contractor for services and repair costs incurred
under this Agreement. In no event shall the repair costs for anyone single-family
housing unit exceed $1,600. The Contractor shall charge their expenses in accordance
with the hourly wage noted in Exhibit "B," Section 2. The Contractor shall be limited to
providing services to an eligible applicant not more than twice a year. Thereafter, an
Applicant may not apply for additional assistance until three (3) years following the date
of the last assistance. Contractor will schedule its own staff to make necessary repairs in
a timely manner. All work performed by Contractor shall be completed within 43' days
from date of commencement. The Contractor shall maintain accurate records for
inspection by the Agency of each applicant obtaining services by the Contractor. The
contractor will provide all services, materials, parts, and labor required for the
performance of the minor home repairs necessary to maintain decent, safe, and sanitary
residential units. Contractor shall submit monthly invoices with supporting
documentation of expenditures to be maintained in Contractor's files, and made available
to Agency upon request, and such invoices shall be billed consistent with Exhibit "B" of
the Agreement. The Contractor shall provide assistance to a minimum of 50 households
per year.
C. APPLICANT ELIGIBILITY REQUIREMENTS
1. An applicant must be an owner occupant for a minimum period of I year; on a case-by-
case basis, and depending on the circumstances, this requirement may be waived by the
Interim Executive Director of the Agency or his/her designee; Applicant must provide
evidence of ownership and length of residency.
2. Applicant must complete a Grant Application and meet the applicable income criteria
(Exhibit "C"). The applicant's annual income shall not exceed 80% of the median
income for San Bernardino County. The Agency shall provide the Contractor with the
income limits for the current year. Contractor is required to use Exhibit "c" attached
herein for all participants in the Program arid to retain all applications in the possession of
the Contractor's file.
3. Applicant applying for the Program must be a senior, age 62 or above, or disabled,
handicapped, or a recipient of S.S.I.; on a case-by-case basis, depending on the
circumstances, this requirement may be waived by the Interim Executive Director of the
Agency or his/her designee.
The Contractor shall maintain accunrte records for inspection by the Agency concerning income
and program eligibility of all persons obtaining assistance from the Contractor pursuant to this
Agreement.
Exhibit "A-2"
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CDC/2010-45
EXHIBIT "B"
Form ofInvoice
r
4845-2330-3686.1
19
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CDC/2010-45
EXHIBIT B
CITY OF SAN BERNARDINO
REDEVELOPMENT AGENCY
REQUEST FOR MONTHLY REIMBURSEMENT
Agency/Organization:
Oldtimers Foundation - Fed. ID #95-6126109
Address:
8572 Sierra Avenue, Fontana, CA 92335-3840
Reimbursement for the Month of:
,200_ Invoice No.:
Amount of Reimbursement: a. Administration
b. Job Service - Labor from Exhibit B
c. Job Service - Material and Supplies from Exhibit B
Total
The undersigned hereby certifies that the expenditures identified on the attached "Budget
Summary Form" are true and correct, and that said expenditures were incurred and paid within
the month designated above in accordance with the agreement identified herein. Evidence of all
payments (bills and/or receipts and check copies) for each of the expenditures listed is attached
hereto.
(Authorized Signature)
(Type Name and Title)
(Date)
FOR OFFICE USE ONLY
Reviewed by:
r
Approved by:
Exhibit "B-1 "
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CDC/2010-45
REIMBURSEMENT REQUEST
Budgeted Current Month Year to Date Balance
A. EXPENDITURES Amount Cumulative Available
1. Wages - Administration
a. Administrator/Acct. (a) $16.83/hr.
b. Dispatcher (a) $9.50/hr
Fringe Benefits
a. Administrator/Accountant
b. Dispatcher .
Wa~es and Frin~es Subtotal
2. Consultant - Audit
3. Travel ( miles (a) $0.55)
4. Rent
5. Payroll Service
6. Vehicle Maintenance
7. Auto and Misc. Insurance
8. Cell Phone and Radio
Total Maximum Program
Administration Expense
(.15 x $80,000) $12,000
9. Job Service/Wages
a. Working Foreman hrs. x $17.00
b. Maintenance Worker hrs. x $13.00
c. Material and Supplies
Fringe Benefits
a. Working Foreman
b. Maintenance Worker
Total Job Service/Labor ,.
Total $ 80,000
10. Minimum Households Assisted Per
Year at a Maximum of $1600 50
B. # of Individuals Assisted Monthly # Female Head of Household:
1. # Low Income Level
2. # Very Low Income Level
Total (1 + 2 = B) r
Please attach supporting invoices and documentation.
Revised: 712010
Exhibit "B-2"
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CDC/2010-45
EXHIBIT "c"
Program Application
;{'
CDC/2010-45
EXHIBIT C
City of San Bernardino OLDTIMERS FOUNDATION
Redevelopment Agency
SENIOR CITIZEN MINOR REPAIR PROGRAM APPLICATION -2010/2011 YEAR
Social Security Number
Applicant's Name (Last, First, MI)
Applicant's Date of Birth - Age
Applicant's Name (Last, First, MI)
Applicant's Phone Number
Street Address
San Bernardino
City/Zip
Years at Residence:
Number of Minor Children (If Applicable):
Household Size:
Head of Household: 0 Male 0 Female
List all ersons Iivin in residence other than ourself:
Name
Relationshi
Social Securi #
All income of all household occupants must be shown here. Applicant must attach proof of income and
ownershi .
$
$
$
$
SSI/SSP $
Food Stam s $
Alimon $
TOTAL MONTHLY INCOME:
$ $
Exhibit "C-l"
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CDC/2010-45
2010 Income Level
1
8+
70,350
Ethnicity: (Please check all that apply)
o Sr. Citizen(s) - 62 or Older
o Black
o American Indian
o Female Head of Household 0 Disabled One or More
o Hispanic 0 Other
o White 0 Asian or Pacific Islander
I certify under penalty of perjury that the information provided above is correct to the best of my knowledge. I understand that the
inclusion of any willful misrepresentation on this form constitutes ground for rejection of this application and recapture of any
financial benefit I may have received. I authorize the Oldtimers Foundation to examine and verify any and all information provided
in this application.
Date:
Signature
Date:
Signature
;("
Exhibit "C-2"
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