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HomeMy WebLinkAbout07.C- City Manager RESOLUTION (ID#2569) DOC ID: 2569 B 7G CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Annexation From: Allen Parker M/CC Meeting Date: 07/15/2013 Prepared by: Lisa Connor, (909) 663-1044 Dept: City Manager Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving $880,000 in Home Funds for the Homebuyer Assistance ($800,000) and Homebuyer Education Services Program ($80,000); and Authorizing the City Manager to Execute an Agreement by and Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire for the Implementation of the Homebuyer Education Services Program. (At Meeting of July 1, 2013, Item Continued to July 15, 2013) (#2569) Current Business Registration Certificate: Yes Financial Impact: There is no fiscal impact to the City's General Fund The $880,000 is available in HOME Investment Partnership funds. Motion: Adopt the Resolution. Synopsis of Previous Council Action: May 3 2010 adopted Resolution 2010-100, approving g the 2010-2015 Five Year Consolidated Plan May 7, 2012 adopted Resolution 2012-82 approvin' he 2012-2013 Annual Action Plan June 17, 2013 adopted Resolution 2013-179 a substantial amendment to the 2010- 2015 Five Year Consolidated Plan Background: The Consolidated Plan is a comprehensive five-year ('strategy that addresses how entitlement cities, such as the City of San Bernardino, intend to use and leverage federal funds such as Community Development Block Grant ("CDBG"), HOME Investment Partnership Act Grant ("HOME") and Emergency Shelter Grant ("ESG"). On May 3, 2010, the Mayor and Common Council adopted the Five-Year Consolidated Plan and Annual Action Plan that to guides the City and identifies certain needs to be addressed incrementally for the 2010-2015 period. The above referenced Plans and Federal application for funds were subsequently submitted by the City and approved by the U.S. Department of Housing and Urban Development Department ("HUD") on September 28, 2010. The 2012-2013 Annual Plan was approved by the Mayor and Common Council on May 7, 2012 for submission and was approved by HUD on August 2,2012. The intent of this process is to ensure that cities are meeting HUD mandates and are establishing goals and objectives that provide decent housing, a suitable living environment and expanded economic opportunities targeted primarily to low- and moderate-income persons. The 2012-2013 Action Plan depicts a year-to-year Plan outlining the goals, objectives and resources to be allocated incrementally to address the needs identified in the Five-Year Consolidated Plan. Moreover, the I Packet Pg. 540 Updated: 7/2/2013 by Linda Sutherland B ' i C Ili 6.0 i 2569 Five-Year Plan identifies community development, housing, infrastructure, homeless and public service needs and how those needs will be addressed using anticipated resources from Federal CDBG,HOME, and ESG funds, State, County and local resources. Current Issue• In order to continue carrying out the housing fun tions, and meet its goal statements in the approved Five -Year Consolidated and 2012-2013 Action Plans and comply with the U. S. Department of Housing and Urban Development (HUD) grant program requirements, staff is requesting authorization and consent to implement the following needed housing programs by allocating $2,360,000 in unprogrammed Federal HOME and $150,000 in CDBG funds. The proposed reallocation of funds is required to assist the City in meeting its housing goals in the approved Plans, and HUD, in a letter dated May 1, 2013, to the City (attached) notified the City of the need to have funds committed and expended. Additionally, the proposed reallocation of CDBG funds will not impact current funding for the Public Services programs or City funded program. The proposed housing activities to be implemented and funded under individual agreements with identified non-profit housing services provider are: Homebuyer Assistance Program and Homebuyer Education Service - This program is designed to assist qualified first-time homebuyers with the purchase of a home within the City limits. Eligible properties can include condominiums, town homes, and single-family detached homes. The Homebuyer Assistance Program provides financial assistance (of up to 10 percent of the purchase price) that may go towards down payment and closing costs. The homes purchased under this program may be located in aly census tract in the City, as long as the dwelling is used as the homebuyer's principal residence and the home remains affordable for a period of not less than twenty (20) years ($800,000 . The Homebuyer Assistance Program will be implemented, in-house by Staff. As a conditioln of receiving the Homebuyer Assistance Program fund, eligible homebuyers are required t attend a 16 hours homebuyer education program on property maintenance, budgeting and re uirement for buying and selling homes. The Homebuyer Education Service will be implemented under an $80,000 Agreement with Neighborhood Services of the Inland Empire. In compliance with the substantial amendment defin tion of the Citizen Participation Plan in the approved Five-Year Consolidated Plan, 24 CFR 91.105 HOME implementing regulation, the general public were afforded the opportunity to revie and provide oral and/or written comments to the proposed substantial Plans amendment. Public notices announcing the amendment and summary of proposed funding and activities wee published in the San Bernardino Sun Newspaper on April 17, 2013 and May 6, 2013. Any public comments received will be incorporated into the Plan amendment; however, to d ite,no comments were received by staff. Environmental Impact: The requested action is exempt under Section 15332 f the California Environmental Quality Act ("CEQA") and 24 CFR 58.34(a)(3) of the Nationa Environmental Protection Act ("NEPA") guidelines because the proposed action is required for federal program administration and compliance. Separate environmental clearances wil be processed for each project as they are identified and processed for funding. City Attorney Review: Updated: 7/2/2013 by Linda Sutherland B Packet Pg. 541 2569 Supporting Documents: Reso Homebuyer Asst Education NHSIE (PDF) Agmt Homebuyer Asst Education NHSIE (PDF) Updated: 7/2/2013 by Linda Sutherland B Packet Pg. 542 ' 6. a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN y BERNARDINO APPROVING $880,000 IN HOME FUNDS FOR THE HOMEBUYER z 3 ASSISTANCE ($800,000) AND HOMEBUYER EDUCATION SERVICES PROGRAM ($80,000); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN `2 4 AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND 5 NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE FOR THE c IMPLEMENTATION OF THE HOMEBUYER EDUCATION SERVICES PROGRAM. 6 7 WHEREAS, the City of San Bernardino (the "City") is an entitlement jurisdiction and w � annually receives certain federal funds under the United States Department of Housing and Urban 8 �. 9 Development's ("HUD") HOME Investment Partnership Act ("HOME") and Community a Development Block Grant (CDBG)programs; and 10 3 WHEREAS, on May 3, 2010, the Mayor and Common Council adopted Resolution 2010- 11 0 12 100, approving the City's 2010-2015 Consolidated Plan; and = = 13 WHEREAS, on May 7, 2012, the Mayor and Common Council adopted Resolution 2012- a .0 82, approving the 2012-2013 Action Plan that is required to guide and identify needs the City will 14 -0 15 address incrementally for the 2010-2015 period; and 0 0 WHEREAS, on June 17, 2013, the Mayor and Common Council adopted Resolution 2013- 16 179, approving and amendeding the City's 2010-2015 Consolidated Plan and the 2012-2013 Action N 17 Plan by allocating $880,000 of HOME funds for the Homebuyer Assistance and Homebuyer Cn 18= Education Program; and Z 19 0 WHEREAS, NHSIE Inc., is a non-profit organization that provides a Homebuyer Education 3 20 Services Program and has provided the services in the City and County in the past; and W 21 N 22 WHEREAS, under terms of the Homebuyer Education Services Agreement ("Agreement"), a a) NHSIE will provide homebuyer education in home maintenance, homebuyer coaching and literacy 23 24 education, and foreclosure prevention for$80,000; and 25 WHEREAS, the homebuyer assistance program, which provides up to 10% of the home I purchase price in downpayment and closing cost assistance, for income eligible households will be 26 administered by Housing Department staff at a budget of$800,000; and 27 NOW 28 1 C;Documents and SettingslsbrittotALocal Settings\temp\MmuteTraq.SanBemardinoCilyC n.SanBernardinoCityCA.IQM2.comlWork'Attachmentsl5296.docx Packet Pg.5543 I 0 1 WHEREAS, in compliance with the California Environmental Quality Act ("CEQA") and ^ 2 the National Environmental Protection Act ("NEPA") guidelines,the authorization and execution of N x 3 this Agreement is determined to be an exempt action pursuant to Section 15332 of the CEQA d 4 Guidelines and 24 CFR 58. 34(a)(3) of NEPA Guidelines because the propose action is required for � 5 federal programs administration and compliance. o 6 NOW, THEREFORE, BE RESOLVED BY THE MAYOR AND COMMON 7 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 8 Section 1. The Mayor and Common Council hereby approves: $80,000 in _N N 9 HOME funds for the Homebuyer Education Service Agreement with NHS1E,Inc. and authorize the Q (D, 10 City Manager to execute the Agreement; and $800,000 in HOME funds for the Homebuyer � 11 Downpayment Assistance Program to be administered through the City, o x 12 Section 2. The Mayor and Common Council finds and determines that 13 authorization and execution of the Agreement is exempt, pursuant to Section 15332 of the CEQA 14 Guidelines and 24 CFR 58. 34(a)(3) of the NEPA Guidelines because the propose action is required o 15 for federal programs administration and compliance. c U 16 Section 3. This Resolution shall take effect upon its adoption. Ln 17 W 18 /// CO 2 Z 19 0 20 21 /// W N 22 d A 23 CD E 24 /// x0 25 26 E 27 � 28 a 2 CADocuments and Settings\sbrittonlLocal Settings\Tempt/IinuteTraq:sanBernardinoCityCAQi SanBerna rdinoCityCA.IQM2.com%Work\Attachmentst5296.docx ��• i .C.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO APPROVING $880,000 IN HOME FUNDS FOR THE HOMEBUYER_ 2 ASSISTANCE ($800,000) AND HOMEBUYER EDUCATION SERVICES PROGRAM W ($80,000); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT z 3 BY AND BETWEEN THE CITY OF SAN BERNARDINO AND NEIGHBORHOOD y HOUSING SERVICES OF THE INLAND EMPIRE FOR THE IMPLEMENTATION O 2 4 THE HOMEBUYER EDUCATION SERVICES PROGRAM. Z in 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and o 6 Common Council of the City of San Bernardino at a t° meeting � a 7 thereof, held on the day of w y , 2013, by the following vote to wit: 8 Council Members: Ayes Nays Abstain Absent w 2 9 MARQUEZ N a L 10 JENKINS 0 11 VALDIVIA 0 12 SHORETT = c 13 KELLEY a. 14 JOHNSON a MCCAMMACK 15 0 U 16 rn 17 Georgeann Hanna, City Clerk w 18 z z 19 The foregoing resolution is hereby approved this day of 2013 0 20 0 0 W 21 Patrick J. Morris,Mayor a 22 City of San Bernardino 23 as E ° 24 Approved as to Form: x 25 JAMES F. PENMAN, City Attorney ° 26 �. By: (� 27 ' 0 28 a 3 CDocuments and SettingslsbriuonlLocal SettingslTempWinut e7raq!SanBanatdinoCityCA@ SanBemardinoCityCA.I QM2.comlWotklAttachments15296.docx Packef 0g.545 i I EXHIBIT A w HOME SUBRECIPIENT AGREEMENT FOR HOMEBUYER EDUCATION PROGRAM z d U (Neighborhood Housing Services of the Inland Empire,Inc.) a� ca THIS HOME SUBRECIPIENT AGREEMENT FOR HOMEBUYER EDUCATION PROGRAM ("Agreement") is made and entered into this day of June 2013, by and between the City San Bernardino, a municipal corporation (hereinafter referred to as "City"), and Neighborhood Housing W Services of the Inland Empire, Inc. ("NHSIE") located at 1390 North "D" Street, San Bernardino, CD California 92405. The parties agree as follows: _ �a A RECITALS N Q WHEREAS, the City has received formula HOME Investment Partnership allocation annually from � the federal Department of Housing and Urban Development ("HUD") to carry out eligible activities in a accordance with federal program requirements at 24 CFR 92 (the "Program"), and o x WHEREAS, the City desires to allocate the sum of Eighty Thousand Dollars ($80,000) annually, of _M HOME Funds, for a period of three (3) years to NHSIE for the Homebuyer Education Program a. ("Program") operating expenses,per 24 CFR 92.208(a); and M WHEREAS, the City desires to execute a three (3) year Program Agreement with NHSIE, renewable annually subject to the City receiving its annual Federal HOME Grant from HUD; and o U WHEREAS, NHSIE is desirous of participating in activities eligible under HOME, and further agrees c that the beneficiaries of its activities under the 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 w co WHEREAS, the City deems the activities to be provided by NHSIE as consistent with and supportive Z of the HOME Program and is consistent with the City's 2010-2015 Consolidated Plan and Housing Element; and WHEREAS, the City will monitor and administer NHSIE to ensure compliance with all HOME w Program requirements, and that NHSIE will comply with all program requirements under 24 CFR 92. a L NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: d I. CERTIFYING THE NON-PROFIT: E 0 x A. Legal Status. The non-profit organization is organized under state or local laws, as evidenced by a charter or articles of incorporation. No part of its net earnings inure to the benefit of any member, founder, contributor, or individual, as evidenced by the same. The non-profit organization must have a tax exemption ruling from the Internal Revenue Service ("IRS") under Section 501(c) of the Internal Revenue Code of 1986, as evidenced by a 501(c) C"Documents and Settings\shrittonTocal SettingslTemp\MinuteTragl SanBemardinoCityCA(r ilSanBernardinoCityCA.IQM2.comlWork\Attachments5297.docx certificate from the IRS. Also, the non-profit organization has among its purposes the provision of decent housing that is affordable to low-and moderate-income people, as _ evidenced by a statement in the organization's charter, articles of incorporation, by-laws or W resolutions. N Z B. CapacitX. The non-profit organization conforms to the financial accountability standards of 24 U CFR 84.21, "Standards for Financial Management Systems", as evidenced by a notarized statement by the organization's CEO or president, a CPA or a HUD-approved audit summary. c NHSIE has a demonstrated capacity for carrying out activities assisted with HOME Funds and g affordable housing programs through the stated experience of key staff members or contract(s) with consultants who have experience with related projects to train key staff. Also, NHSIE has w shown a history of serving the community. J C. Relationship with For-Profit Entities. NHSIE is not controlled nor receives directions from N individuals or entities seeking profit from the organization, as evidenced by the organization's a by-laws or a memorandum of understanding. NHSIE may be sponsored or created by a for- profit entity, however: W 1. The for-profit entity's primary purpose does not include the development or management of 0 housing, as evidenced in its by-laws; and x 2. NHSIE is free to contract for goods and services from vendor(s) of its own choosing, as a. evidenced in its by-laws, charter or articles of incorporation. d II. SCOPE OF SERVICES AND COMPENSATION o _ 0 U A. Amount of Grant: Pursuant to the conditions being met in Section I. above, the City agrees to pay Eighty Thousand Dollars ($80,000) (the "Funds") annually subject to federal HOME N funds being available to the City for the Homebuyer Education Program, for a total compensation of Two Hundred Forty Thousand Dollars ($240,000), over a three (3) year co period, subject to HOME funds approval by HUD and City Council. _ Z B. Use of Grant Funds: The Funds will be used to pay the operating expenses of NHSIE, M including, but not limited to, the costs of salaries, wages, and other employee compensation and benefits; employee education, training; rent; utilities; taxes; insurance; equipment; W materials and supplies and more specifically, to implement and administer the Homebuyer Education Program depicted in Exhibit"I"herein. Q L d 1. Tasks to be performed: NHSIE shall develop, manage and support the Homebuyer .0 Education Program for low-and moderate-income households through projects that 0 include, but are not limited to, assistance to eligible homebuyers, marketing and =_ outreach services pertaining to the expansion, improvement, or preservation of low-and E moderate-income housing(See Exhibit"1 2. Schedule for Completion of Tasks/Term of Agreement: Upon execution of this E Agreement, NHSIE agrees to provide the services outlined in the body of this Agreement commencing on July 1, 2013 through June 30, 2016, subject to and Q conditioned upon the City receiving its annual allocation of federal HOME funds for the 2 C'.Documenis and Settingsisbritton\Local Settings\Temp\h4inuteTraq%SanBemardinoCityCAC a,SanBernardinoCityCA.1QM2.com\Work\AttachmentsS297.docx Packet Pg.547 6.Cai term of this Agreement. Should the City no longer receive federal HOME Funds, particularly during the term of this Agreement, then this Agreement shall terminate and _ the parties shall have no further obligation to each other relative to this Agreement. rn x C. Other Program Requirements NHSIE must carry out each activity in compliance with all y federal laws and regulations described in Subpart H of 24 CFR 92 and outlined hereinafter, except that NHSIE does not assume the City's responsibility for environmental review in Section 92.352 or the intergovernmental review process in Section 92.357. These federal N laws and regulations must be complied with as follows: o r a. Equal Opportunity. No person shall be excluded from participation in, be denied the a benefits of or be subjected to discrimination under any program or activity funded in d 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). n A a b. Fair Housing. In accordance with the certification made with its housing strategy, each L 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. E 0 c. Conflict of Interest. NHSIE will hereby comply with all requirements set forth c regarding conflict of interest provisions as they apply in Section 92.356. a. d. Debarment and Suspension. As required in Section 92.357, NHSIE will comply with M all debarment and suspension certifications. •o N C Hold Harmless. NHSIE agrees to indemnify, defend, and save harmless, the City, its 0 officers, agents, and employees from any and all claims and losses accruing or resulting to NHSIE or any and all contractors, subcontractors, materialmen, laborers and any other N person, firm, or corporation furnishing or supplying work, services or supplies in connection with the performance of this Agreement, and from any and all claims and losses co accruing or resulting to any person, firm, or corporation who may be injured or damaged by Z NHSIE in the performance of this Agreement. Without limiting NHSIE's indemnification o of the City, NHSIE shall provide and maintain, at its own expense during the term of this Agreement, the following program(s) of insurance covering its operation hereunder. Such insurance shall be provided by insurer(s) satisfactory to City and evidence of such programs W satisfactory to City shall be delivered to the City Manager or designee within ten (10) days of a the effective date of this Agreement. L a� General Liability: A program including, but not limited to, comprehensive general liability with a combined single limit of not less than One Million Dollars ($1,000,000) per o occurrence. Such insurance shall be primary to and not contributing with any other = insurance maintained by the City, and shall name the City as an additional insured. Such E insurance shall require the City be notified at least ten (10) days in advance of any change a or cancellation of said insurance. 0 D. Request for Disbursement of Funds E �a 1. NHSIE may request the Funds monthly at the rate of$6,666.67, educating a minimum a 3 C:Oocurnents and Settings'sbritton\Local Settingsl TempNinuteTraglSanBernardinoCityCA Ca SanBemardinoCityCA]QM2.cQn1V0Tk`.4ttachments\5297.docx Picket Pg.548 6.C.b of 23 homebuyers ($300 per homebuyer), on a reimbursement basis, for eligible costs, on a prorata basis, up to a maximum of Two Hundred Forty Thousand Dollars ($240,000) for the three (3) year term. The amount of each request will be limited to w the amount substantiated in the invoices submitted for costs incurred operating the = Homebuyer Education Program. z E. Records and Reports. Un C 0 1. The City will require that NHSIE maintain the following records and reports in order to assist the City in meeting its record keeping and reporting requirements: w 0 a. Records, including individual project and construction records and a running log C demonstrating compliance with the applicable provisions of Section 92.508(2) of y the HOME Investment Partnership Program; and N a L b. Continuing compliance with the HOME Program shall be certified and reported to 3 the City on a quarterly basis to comply with HOME reporting requirements; and a E 0 c. Any other legal reports and/or records requested by the City to document the = provisions of all affordable housing projects or programs. a. 2. NHSIE shall retain and provide access to all records for the period of five (5) years from the date of this Agreement in accordance with the requirements of Section 92.508(6)(c) and(d). 'o N C III. GENERAL PROVISIONS: U A. Enforcement of the Agreement. N 1. The City, at its discretion, may terminate this Agreement, in whole or in art b w p y giving in NHSIE written notice in accordance with 24 CFR 85.44, which provides in part that = suspension or termination may occur if NHSIE materially fails to comply with any term of c this Agreement. B. Monitoring w 1. The City, is responsible for managing the day-to-day operations of the HOME program; for a monitoring the performance of all entities receiving HOME Funds from the City to ensure ;, compliance with the requirements of Subpart K, 24 CFR 92, and for taking appropriate action when performance problems arise. E 0 2. Not less than annually, the City will review the activities of NHSIE, to assess compliance a� with the requirement of Subpart K, 24 CFR 92, as set forth in this Agreement. a a.: C. Notices. Any notice requirement set forth herein shall be deemed satisfied three (3) days after E mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: 4 C:\Bocaments and Settingslsbritton\Local Settings\Temp\MinuteTraq�.SanBernardinoCityCA@ SanBernardinoCityCA.IQM2,com\Work`Attachments\5247.do" Packet Pg.549 i 6.V.0 NHSIE: Neighborhood Housing Services of the Inland Empire, Inc. C/O Executive Director ^ 1390 North "D" Street w_ San Bernardino, CA 92405 x Z CITY: City of San Bernardino a City Manager 300 North D Street, N San Bernardino, CA 92401 c 0 w Such addresses may be changed by notice to the other party given in the same manner as provided above. w D. Attorney's Fees. In addition to any other remedies provided hereunder or available pursuant to law, if either party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder, the prevailing party shall be entitled to recover from the other party its costs of a suit and reasonable attorney's fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing the Agreement on behalf of the City shall be considered as "attorney's fees"for the purposes of this paragraph. E 0 E. No Third Parties Benefited. This Agreement is made and entered into for the sole protection and benefit of the City, its successors and assigns, and NHSIE, its permitted successors and assigns, and no other person or persons shall have any right of action hereon. F. City to File Notices. NHSIE irrevocably appoints, designates, and authorizes the City, as its - agent (said City being coupled with an interest) to file at its option for record any notices of W completion, cessation of labor, or any other notice that the City deems necessary or desirable to 0 protect its interest hereunder. . o� G. Actions. The City shall have the right to commence, appear in, or defend any action or N proceeding purporting to affect the rights, duties, or liabilities of the parties hereunder, or the w disbursement of any proceeds of the City allocation of HOME Funds. _ Z H. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no assignment of NHSIE's rights hereunder shall be made, voluntarily or by operation of law, without the prior written w consent of the City, and that any such assignment without said consent shall be void. y a 1. Construction of Words. Except where the context otherwise requires, words imparting the singular number shall include the plural number and vice versa, words imparting persons shall include firms, associations, partnerships and corporations, and words of either gender shall include E the other gender. o E J. Partial Invalidity. If any provision of this Agreement shall be declared invalid, illegal, or Q unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. K. Governing Law, This Agreement and any other instruments given pursuant hereto shall be construed in accordance with and be governed by the laws of the State of California and the a 5 C,Documenls and Settings%sbritton\Local Settings\Temp\MinuteTraq\SanBemardinoCityCA CSanBernardinoCityCA_[QM2 c0m\Work\Ariachmen&5297.docx Packet Pg. 550 pertinent HOME regulations. L. Amendment. This Agreement may not be changed orally, but only by agreement in writing w signed by NHSIE and the City. to z M. Approvals. Where an approval or submission is required under this Agreement, such approval 0 or submission shall be valid for purposes of this Agreement only if made in writing. Cn N. Captions and Headings. Captions and headings in this Agreement are for convenience of Q reference only, and are not to be considered in construing this Agreement. O. Entire Agreement, This Agreement shall be executed in triplicate, each of which is deemed to be an original. This Agreement is comprised of 7 pages inclusive of Exhibit "I", which constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms 0 and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous a agreements between the parties. L d P. Authority. The individuals executing this Agreement and the instruments referenced herein on a behalf of NHSIE each represent and warrant that they have the legal power, right and actual 0 authority to bind NHSIE to the terms and conditions hereof and thereof. _ IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and a. year first above written. o NHSIE c 0 Neighborhood Housing Services of the Inland Empire, U Inc., a California non-profit corporation LO N By: 0 x Dawn Lee, Executive Director z 0 0 CITY City of San Bernardino, a municipal corporation y a L By: 3 Allen Parker, City Manager E Approved as to Form: _ JAMES F. PENMAN, City Attorney E a By: E w a b C:',Doc rncnts and Settingslsbritton\Loral Settings,Temp\MinuteTraq`SanBernardinoCityCAr@ SaaBemara,,,—,tyC A.IQM2.com\Work\Attachmentsi5297.docx ecket Pg.551 Exhibit "1" 1. SCOPE OF WORK w A. To provide homebuyer education classes for not less than 227 homebuyer per year as described Z and detailed in Section 2 below, and to provide homebuyer education classes to homebuyers d referred by the City. d B. To conduct off-site marketing and outreach of NHSIE's and the City's Homebuyer's Assistance o Programs. NHSIE will provide outreach and marketing to both public and private sector entities. ° A total of not less than 9 businesses and/or organizations per year will be targeted. 3 C. To provide City/City with monthly reports detailing participants and families completing the CD Homebuyer Education Program, and the number of families purchasing a home within the City of San Bernardino. v, .N a D. To fund at least 2 loans per month utilizing the City's Homebuyer's Assistance Program and NHSIE's "Gimme 10" Program, or other programs available to qualified first time homebuyers to buy a home in the City of San Bernardino, d E 0 2. HOMEBUYER EDUCATION = A. Real Estate,Title and Escrow E. Homeowner's Insurance a ■ Explaining Real Estate Purchase Contract ■ Different Types of insurance Companies d ■ Contingencies and Counteroffers ■ Different Types of Insurance Policies a ■ Title Report ■ Coverage Needed Before Closing: Basic Five o ■ Escrow Disclosures ■ Additional Coverage:Medical, Liability, _ ■ Escrow Fees Homeowner's Policy,Earthquake and Flood �°� Insurance, etc. B. The Mortgage Process • Types of Mortgage Loans F. Foreclosure Prevention • Getting Pre-qualified and Receiving a Loan ■ Avoiding Late Payments w Commitment ■ Responding to Collection Letters vi • The 1003 Application n Repayment Plans, Forbearances and Loan z • Good Faith Estimate Modifications = ■ Alternatives to Foreclosure C. Home Inspections ■ What is a Home Inspection? G. Fair Housing and Predatory Lending ■ Difference between an Inspection Report ■ Predatory Lending N and an Appraisal Fair Housing: Know Your Rights ■ Selecting a Home Inspector Q v • Addressing Health and Safety Issues H. Community Empowerment and Civic Participation ■ Getting Involved in Your Community D. Home Maintenance and Preventative Care M Community Involvement Activities E ■ The Value of Home ■ Neighborhood Watch Programs = Maintenance Basic Tools and Equipment for a� Maintenance a ■ Heat,Venting and Air c Conditioning E ■ Plumbing System, Water Supply,Drains 0 ■ Home CIeaning Methods 2 a 7 C Documents and Settingssbritton\Lceal Settings:Temp\MinuteTraq\SanBernardinoCityCA@ SanBernardinoCityCA.IQM2.com\Work`:Attachmenls`5297.docx Packet N.552