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RESOLUTION (ID # 3672) DOC ID: 3672 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Brandon Mims M/CC Meeting Date: 02/02/2015
Prepared by: Brandon Mims, (909) 384-
5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of the Sub-Recipient Agreement Between the City and the County of San
Bernardino for the Development of the Valencia and 9Th (Val 9) Project (#3672)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $2,310,000
Account No.: 117-100-0014-5504
Account Description: Construction
Balance as of 1/20/15: $2,310,000
Balance after approval of this item: $1,500,000
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On April 21, 2014 the City Council approved the 2014-2015 Housing and Urban
Development (HUD) Action Plan which included a sub-recipient agreement between the
City and the County of San Bernardino for the development of affordable housing.
Background:
The Valencia Avenue and 9th Street (Val 9) housing project is a joint effort between the
City, National Community Renaissance of California (CORE), San Bernardino County
Housing and Community Development Department and Housing Authority of the County
of San Bernardino to redevelop Waterman Gardens (site). The complete project entails
demolishing 252 existing units and constructing over four hundred affordable and
market rate units (New Gardens Neighborhood) on the actual Waterman Gardens site.
The Val 9 project will consists of 75 units which will be used to house existing
Waterman Gardens tenants during the rehabilitation of their units. The developer,
CORE, was selected by the Housing Authority in March 2013 from a competitive
Request for Proposal field of five national developers to create a comprehensive,
holistic strategy for improving the overall physical, social and economic conditions of the
existing neighborhood, and has been officially approved by the Housing Authority Board
as the Designated Developer of the Site.
Updated: 1/28/2015 by Georgeann "Gigi" Hanna C Packet Pg. 14
3672
The City of San Bernardino Planning Commission approved the entitlements for
Waterman Gardens in November 2013 followed by the City Council in February 2014. In
December 2013 CORE was awarded an allocation of RAD (Rental Assistance
Demonstration) program funding for the first 252 units, which set into motion entitlement
and financing efforts for Val 9 Apartments (Val 9) and a second phase that will apply for
9% tax credits in March 2015. As mentioned above, Val 9, which will be constructed at
the northwest corner of Valencia Avenue and 9th Street, south of the Waterman
Gardens main campus, will serve as the first 76 unit phase of the Waterman Gardens
Master Plan. Following is a summary of the Key Financial Terms for the development
of Val 9 Apartments as of the date of this report:
Total Development Costs
Total Construction Costs $17,732,689 ($233,325/Unit)
Total other indirect Costs $7,657,879 ($100,761/Unit)
Total Land Costs $500,000 ($6,579/Unit)
Total Development Costs $25,890,568 ($340,665/Unit)
Sources
9% Tax Credit Equity $ 12,416,920
Perm Loan $ 9,195,265 PNC 221(d)(4)
County HOME $ 810,000*
City HOME $ 1,500,000 (Pending Loan Agreement)
Housing Authority $ 1,000,000
Deferred Developer Fee $ 993.383
Total Gap Financing Sources $25,915,568
*This amount is City of San Bernardino HOME funds being passed through the County
to fund the Val 9 project.
Statement of the Issue
Final Council approval is needed to authorize the City Manager to Execute the Sub-
Recipient Agreement (Exhibit A) and authorize the Finance Director to release payment
to the County according to the terms of the agreement.
Financial Impact
During the development of the 2014-2015 Action Plan and 2014-2015 Fiscal Year
Budget staff allocated funds in account number 117-100-0014-5504 for this purpose.
The attached "Budget Performance Report" (Exhibit B) shows the balance of account
number 117-100-0014-5504 on January 14, 2015, $2,310,000. After this action is
approved, the total funding available, $1,500,000, will be used to fund the pending loan
agreement with CORE for the same project.
Recommendation
Approve the attached Resolution
Updated: 1/28/2015 by Georgeann "Gigi" Hanna C Packet Pg. 15
3672
City Attorney Review:
L Yes
Supporting Documents:
Resolution (DOC)
agrmt 3672 (PDF)
Exhibit B (PDF)
Updated: 1/28/2015 by Georgeann "Gigi" Hanna C Packet Pg. 16
S.C.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SUB-RECIPIENT
3 AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN BERNARDINO
4 FOR THE DEVELOPMENT OF THE VALENCIA AND 9TH (VAL 9) PROJECT
5 WHEREAS, on April 21, 2014 the City Council approved the 2014-2015 Housing and Urban
Development (HUD) Action Plan which included a sub-recipient agreement between the City
6 and the County of San Bernardino for the development of affordable housing; and
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7 WHEREAS, the Valencia Avenue and 9th Street (Val 9) housing project is a joint effort d
8 between the City, National Community Renaissance of California (CORE), San Bernardino 0-
County Housing and Community Development Department and Housing Authority of the Q
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9 County of San Bernardino to redevelop Waterman Gardens (site); and
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10 WHEREAS, the complete project entails demolishing 252 existing units and constructing
11 over four hundred affordable and market rate units (New Gardens Neighborhood) on the .6
actual Waterman Gardens site and the Val 9 project consists of 75 units which will be used to cn
12 house existing Waterman Gardens tenants during the rehabilitation of their units; and W
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13 WHEREAS, the City is proposed to contribute eight hundred thousand and ten dollars 0
14 ($810,000) of its Home Investment Partnership (HOME) funding through a funding o
agreement between the City and County of San Bernardino.
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON a
16 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a
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SECTION 1. The Mayor and Common Council of the City of San Bernardino do hereby
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19 authorize and direct the City Manager to execute the Sub-Recipient Agreement between the o
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City and the County of San Bernardino for the construction of 76 units of affordable housing,
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also known as the Valencia Avenue and 9th Street Project (Val 9), a copy of which is attached
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23 hereto as Exhibit "A" and incorporated herein by reference as fully as though set forth at a
24 length.
25 SECTION 2. This policy shall take effect immediately upon adoption of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE SUB-RECIPIENT
2 AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN BERNARDINO
FOR THE DEVELOPMENT OF THE VALENCIA AND 9TH (VAL 9) PROJECT
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting thereof,
7 held on the day of , 2015,by the following vote, to wit: E
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8 Council Members: AYES NAYS ABSTAIN ABSENT a
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11 BARRIOS
12 VALDIVIA W
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13 SHORETT
14 NICKEL °
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JOHNSON a
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17 MULVIHILL
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19 Georgeann Hanna, City Clerk
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20 The foregoing resolution is hereby approved this day of , 2015.
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R. Carey Davis, Mayor a
23 City of San Bernardino
24 Approved as to form:
25 Gary D. Saenz, City Attorney
26 By:
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HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
SUB-RECIPIENT AGREEMENT
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THE CITY OF SAN BERNARDINO W
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THE COUNTY OF SAN BERNARDINO
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SUB-RECIPIENT AGREEMENT
HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
This Agreement ("this Agreement") is entered into this _ day of January, 2015, by and
between the City of San Bernardino, a municipal corporation and charter city, hereinafter referred to as
the "City," and the County of San Bernardino ("County"), hereinafter referred to as the "Sub-
Recipient."
WITNESSETH
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WHEREAS, the City has entered into a contract with the United States Department of Housing d
and Urban Development ("HUD") to implement the City's HOME Investment Partnerships Program L
("HOME") under Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended; Q
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WHEREAS, the City anticipates receiving Nine hundred sixty five thousand eight hundred
twenty two and 00/100 dollars ($965,822) in HOME funds from HUD, for program year 2014-2015;
and
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WHEREAS, the City Mayor and Common Council ("Council") approved the City's 2
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Consolidated Plan One-Year Action Plan for Federal Program Year 2014-2015 for the HOME _
Program; and
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WHEREAS, HUD approved the City's Consolidated Plan One-Year Action Plan for Federal
Program Year 2014-2015 for the use of HOME funds for activities identified in the plan; and o
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WHEREAS, the City desires to designate the Sub-Recipient as a HOME Program Sub- Q
Recipient: and o
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WHEREAS, the Sub-Recipient is designated to perform specified actions necessary to c•,
implement the HOME Program objectives of preserving affordable housing and providing decent M
housing to eligible low and lower income individuals and households; and
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WHEREAS,the Council, as the governing body of the City, seeks to engage the Sub-Recipient
to assist the City in utilizing Eight hundred thirty-four thousand nine hundred ninety-nine dollars
($834,999) in HOME funds for the production and preservation of affordable housing in the City as s
approved in the 2010-2015 Consolidated Plan and the 2014-2015 Action Plan; and
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WHEREAS the Sub-Recipient (County) is uniquely qualified to achieve these affordable
housing objectives as a sophisticated public entity with significant experience in producing and
preserving affordable housing in San Bernardino County.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual
benefits to be derived therefrom,the parties agree as follows:
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OPERATIVE PROVISIONS
1. Incorporation of Recitals
The Recitals set forth above are true and correct and are incorporated into this Agreement as
though fully set forth herein.
2. Scope of Services
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The Sub-Recipient shall perform the specified services described and set forth in the Scope of
Services attached hereto as Exhibit "A" to this Agreement and incorporated herein by this
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reference. The Sub-Recipient hereby agrees to perform the work set forth in the Scope of
Services, in accordance with the terms of this Agreement and within specified time periods. D
Either party may, from time to time, request changes in the scope of the services to be
performed by the Sub-Recipient. Such changes must be mutually agreed upon by the City and
the Sub-Recipient, be incorporated into this Agreement by amendments, and be approved by w
the respective governing bodies. 2
3. Budget
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The City shall, through this Agreement, authorize HOME funds in the amount listed below to -
be provided to the Sub-Recipient to fund those activities specified in Section 2, Scope of o
Services, above, provided such activities are appropriate and in compliance with the 2013 Q
HOME Final Rule, 24 CFR Part 92. Q
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Source of Funds: Dollar Amount:
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2014-2015 HOME funds for projects $ 665,126 M
2014-2015 CHDO allocation $ 144,874 �.
Project Delivery $ 24,999 E
Total Budget $834,999
Upon completion or partial completion of the work specified in the Scope of Services, the City
shall reimburse the Sub-Recipient for allowable costs not to exceed the budgeted amounts.
Reimbursement payments shall be made as work progresses, upon receipt of an invoice and Q
pertinent supporting documentation. The City shall pay direct, as requested by the Sub-
Recipient, or reimburse the Sub-Recipient within 45 days from receipt of a complete
reimbursement package. The Sub-Recipient shall maintain City HOME funds separate from
County HOME funds.
No HOME match required.
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4. Time of Performance
Services by the Sub-Recipient are to commence upon execution of this Agreement, and shall
continue until terminated by either Party. This Agreement shall specifically apply to the 2014-
2015 HOME Program Year and may continue in full force and effect until budgeted funds have
been fully expended. The term of this Agreement is subject to the availability of HOME funds.
The Sub-Recipient may not commit or expend any HOME funds until the City environmental
review is complete. The City shall be responsible for National Environmental Policy Act
(NEPA) review and release of funds obtained from HUD. The City shall notify the Sub- m
Recipient in writing when the NEPA review is complete and the release of funds is obtained.
City shall indemnify Sub-Recipient for liability arising or resulting from environmental review a
that the City has conducted, except liability arising or resulting from the conduct of parties c
other than the City or its officers, agents, contractors,or employees. a
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The Sub-Recipient must comply with all HOME Program timeliness requirements, including
commitment,expenditure, and project completion deadlines,per HOME Final Rule. in
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Nothing contained herein shall require the City to appropriate HOME funds for subsequent 2
fiscal years nor shall the parties be obligated to utilize this Agreement for any such future =
appropriations.
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5. Use of Allocated Funds
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A. HOME Funds shall be used for housing development and preservation activities consistent a
with those activities described in Section 2 above, as permitted pursuant to HOME rules Q
and regulations, including any necessary CHDO allocation. ti
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B. In all instances, if the Sub-Recipient seeks to acquire real property or fund the acquisition N
of real property, it shall carry out such property acquisitions utilizing sound real estate M
practices deemed necessary for the specific transaction to include, but not be limited to, the
review of: (1) the preliminary title report; (2) phase I environmental study, when
applicable; (3) property environmental assessment; (4) current appraisal report; (5)property `4
inspection and cost estimate report; and the execution of any other due diligence procedures
deemed appropriate for the specific transaction. E
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C. In the case of rental projects,the Sub-Recipient shall have the responsibility to: a
i. assure that all rental properties developed through this Agreement are subject to
program requirements and contain a deed covenant assuring affordability for the
required period as specified by HOME rules and regulations, running with the land,
and that separate Affordability Covenant documents are executed by the
development entity and recorded against the applicable properties;
ii. verify that required notices are recorded against the subject properties to evidence
affordability covenants.
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6. Disbursement of Funds
The Sub-Recipient may not request funds disbursement until the funds are needed for payment
of eligible costs. In addition, the amount of each disbursement request must not exceed the
amount needed. The process will be as follows:
• The Developer will submit a draw request to the Sub-Recipient and the Sub-Recipient
will then request payment for eligible expenditures by submitting a claim for payment
(with payment to be made to a third party if requested by the Sub-Recipient)along with
supporting documentation to substantiate the eligibility of the expenditure. In any case
in which payment is to be made to a third party,the Sub-Recipient shall provide the
City with a copy of the executed contract between the Sub-Recipient and the third party E
pursuant to which payment is to be made. w
• The City shall notify the Sub-Recipient, in writing,within 10 business days if the Q
submitted documentation is insufficient or deficient in any manner.
• If the claim for payment is sufficient,the City shall make payment directly to the third
party or reimburse the Sub-Recipient,as requested by the Sub-Recipient as soon as
practicable but in no event later than 45 days of the approval of the claim. The third 3
party to whom payment will be made will be determined by the Sub-Recipient and the W
development entity pursuant to an agreement. M
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• The Sub-Recipient is to verify that all payees meet HOME program eligibility
requirements as applicable. w
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7. Project Requirements
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A. Subsidy Amounts: The total amount of HOME funds that the Sub-Recipient may invest
on a per-unit basis in affordable housing must comply with the provisions stated in 24
CFR § 92.250(a).
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B. Subsidy Layering: Before committing HOME funds to a project, the Sub-Recipient M
shall ensure that the project complies with the subsidy layering requirements prescribed E
in 24 CFR § 92.250(b).
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C. Property Standards: All housing that is acquired, constructed or rehabilitated with m
HOME funds, including manufactured housing, must comply with 24 CFR § 92.251
paragraphs (a)(1), (a)(2), (a)(3), and/or (a)(4), as applicable. The Sub-Recipient will ;a
ensure that the loan agreement between the Sub-Recipient and the development entity
will require language requiring rental housing assisted with HOME funds to meet the
standards stated in 24 CFR § 92.251(c). The City agrees and acknowledges that the City
shall be responsible for conducting all on-going property standard inspections.
D. Rental Affordability: Any housing units assisted with HOME funds for the purpose of
providing rental opportunities to qualified households must meet the affordability and
other tenancy requirements cited in 24 CFR § 92.252. The Parties agree and
acknowledge that the City will conduct all necessary affordability inspections and
recertifications.
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E. Rental Project Requirements: In addition to those provisions mentioned in Section 7.D.
herein, any housing units assisted with HOME funds for the purpose of providing rental
opportunities must comply with the provisions included in 24 CFR § 92.253, which
includes requirements pertaining to lease terms, termination of tenancy and tenant
selection, among other requirements.
F. The Sub-Recipient must require any recipient of HOME funds administered by it to
repay any HOME funds in the case where the affordability requirements stated in
Sections 7.13 and E, contained herein, are not satisfied.
8. Other Program Requirements
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A. Uniform Administrative Requirements: The Sub-Recipient must comply with L
applicable Uniform Administrative requirements as described in 24 CFR § 92.505. a
B. Affirmative Marketing: The Sub-Recipient must adopt affirmative marketing a
procedures and requirements that comply with 24 CFR § 92.351 for rental projects
consisting of 5 or more HOME-assisted units.
C. Displacement, Relocation and Acquisition: The Sub-Recipient must ensure that it W
complies with all the tenant displacement and relocation requirements and the
acquisition requirements specified in 24 CFR § 92.353. _
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D. Labor Provisions / Prevailing Wage: The Sub-Recipient must ensure that all contracts o
for construction of housing (rehabilitation or new construction) that include 12 or more
units assisted with HOME funds comply with the prevailing wage and other labor o
requirements specified in 24 CFR § 92.354. °-
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E. Section 3: The Sub-Recipient agrees to comply with the provisions of Section 3 of the
HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 M
CFR § 135. All applicable rules and orders issued thereunder shall be a condition of the
HOME funding provided under this Agreement, and binding upon the Sub-Recipient M
and any of the Sub-Recipient's contractors and subcontractors. The Sub-Recipient
further agrees to include a clause requiring compliance with Section 3 and 24 CFR §
135 in all contracts and subcontracts executed under this Agreement, and to take
appropriate action upon finding that the contractor or subcontractor is in violation of m
regulations under 24 CFR § 135. The City's Section 3 Plan is attached as Exhibit C. E
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F. Copeland Anti-Kickback Act: The Sub-Recipient agrees that it shall not give, receive, Q
or in any way participate in any kickback or bribe that involves funds under this
Agreement. The Sub-Recipient also agrees to comply with the Copeland Anti-kickback
Act and its federal regulations.
G. Lead-Based Paint: All housing assisted with HOME funds must comply with the lead-
based paint provisions found in 24 CFR § 92.355. The Sub-Recipient agrees that any
construction or rehabilitation of residential structures under this Agreement shall be
subject to these provisions.
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H. Historic Preservation: The Sub-Recipient shall comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended
(16 USC 470).
I. Conflict of Interest: The Sub-Recipient must adhere to the conflict of interest
provisions mentioned in 24 CFR § 92.356 when procuring property or services with
HOME funds.
J. Fair Housing and Equal Opportunity: The Sub-Recipient agrees to comply with all
provisions of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), which
prohibits discrimination against individuals with disabilities in any Federally-assisted
program. In addition, the Sub-Recipient shall require the development entity to d
construct the HOME-funded units (and any other applicable units) in accordance with
Title 24, Subparts A and C of the United States Code of Federal Regulations and the a
Uniform Federal Accessibility Standards.
K. Non-debarment: The Sub-Recipient certifies that neither it, nor its principals, is
presently debarred, suspended, proposed for debarment, declared ineligible, or excluded
by any federal department or agency; and that the Sub-Recipient shall not enter into any ch
contract or subcontract with a contractor who has been debarred or suspended from LU
participating by any federal department or agency. Before awarding a contract or O
subcontract, the Sub-Recipient must verify that the contractor or subcontractor is not on
the Excluded Parties List System. r
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L. Procurement: The federal government has set standards and procedures for procurement o
which are intended to ensure that services and supplies acquired with federal funds are a
obtained as efficiently and economically as possible, and in a manner that provides, to
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the maximum extent practical, open and free competition. The Sub-Recipient shall
comply with procurement requirements found in 24 CFR Part 85.36.
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M. Opportunities for Small and Minority/Women-Owned Business Enterprises: In the ti
procurement of supplies, equipment, construction, or services, the Sub-Recipient shall M
make its best effort to utilize small business and minority/women-owned business E
enterprises, and provide these sources the maximum feasible opportunity to compete for
contracts to be performed pursuant to this Agreement. To the maximum extent feasible,
these small and minority/women-owned businesses shall be located in the City of San
Bernardino. _
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N. Relocation: The Sub-Recipient must adhere to the provisions of the Uniform Relocation Q
Assistance and Real Property Acquisition Act of 1970,as amended.
0. Conditions for Religious Organizations: The Sub-Recipient must comply with 24 CFR
§ 92.257 which specifies the limitations on HOME funds for faith-based activities.
P. Drug-free Workplace: The Sub-Recipient must comply with the provisions of the Drug-
Free Workplace Act of 1988(41 USC § 8102).
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9. Written Agreement Provisions
Before any HOME funds can be committed to for-profit owners/developers, nonprofit owners/
developers, sub-recipients, or contractors providing services to the Sub-Recipient, the Sub-
Recipient must enter into a written agreement with such entities which meets the applicable
requirements of 24 CFR § 92.504(c).
10. Accounting
A. The Sub-Recipient shall establish and maintain on a current basis an adequate accrual
accounting system in accordance with generally accepted accounting principles,
practices, and standards. E
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B. The Sub-Recipient shall provide a copy of its Comprehensive Annual Financial Reports Q
(CAFR) (or shall provide the website address for the location of the CAFR) and an c
annual audit of the list of properties acquired, developed, rehabilitated, demolished or Q
sold, as well as an accounting of all HOME funds received and expended for each
category of expenditures. The Sub-Recipient shall maintain the necessary books in
order to prepare such annual reports and conduct such audits as per the requirements of N
HUD or other governmental and/or regulatory bodies. w
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C. The Sub-Recipient shall be responsible for creating and maintaining project files that =
contain accurate records required under 24 CFR § 570.506, which are pertinent to the s
activities funded under this Agreement. Such records shall include, but are not limited o
to the following:
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a. Records providing full description of each activity undertaken. a
b. Records required to determine the eligibility of activities a
C. All owners of rental property by property ti
d. All contractors by property M
e. The development/rehabilitation funds required for each property c•,
f. The amount of any other public funding assistance from the Sub-Recipient, the M
City, or any other public agency used in the development of the project(s)
g. Financial records as required by 24 CFR 570.502 a,
h. All other records necessary to document compliance with Subpart K of 24 CFR `6
Part 570.
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11. Program Reporting Requirements
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A. Within thirty (30) calendar days after the end of each calendar quarter, the Sub-
Recipient shall provide a status report to the City regarding the activities under this
Agreement until the funds have been fully expended. Such report shall be accurate,
timely, and represent complete disclosure of the program and financial activity of the
HOME funds. The report shall detail, among other things: funds expended to date, and
properties developed or rehabilitated. A report template is attached hereto as Exhibit
"B"
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B. The Sub-Recipient shall submit reports and information as required to assist the City in
preparing HUD Labor relations, WBE/MBE, Equal Opportunity, and Section 3 reports.
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T he City reserves the right to make reason able c han ge s
to reporting requirements to comply
with HUD requirements as needed.
12. Records Retention
Records, maps, field notes and supporting documents and all other records pertaining to the use
of funds disbursed to the Sub-Recipient hereunder shall be retained by the Sub-Recipient and
available for examination and for purposes of performing an audit for a period of five (5)years
from the date of project or activity completion or for a longer period, as required by law. Such
records shall be available to the City and to appropriate county, state or federal agencies and
officials for inspection during the regular business hours of the Sub-Recipient. If the Sub- m
Recipient does not maintain regular business hours, then such records shall be available for
inspection between the hours of 9 a.m. and 5 p.m., Monday through Friday, excluding federal a
and state government holidays. In the event of litigation or an audit relating to this Agreement c
or funds paid to the Sub-Recipient under this Agreement, such records shall be retained by the a
Sub-Recipient until all such litigation or audit has been finally resolved.
13. Third Party Agreements
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Unless otherwise agreed by the City and the Sub-Recipient in writing prior to execution, third 2
party service agreements and the other obligations incurred pursuant thereto shall be =
obligations solely of the Sub-Recipient and not of the City. w
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14. Compliance with Laws and Assurances
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The Sub-Recipient hereby assures and certifies that it has complied and shall continue to a
comply with all applicable federal, state and local laws, ordinances, regulations. policies,
guidelines, and requirements as they relate to acceptance and use of federal funds for this ti
federally-assisted Program. This Agreement is subject to all such laws, ordinances,regulations, M
policies and guidelines, including, without limitation, Title 24, Code of Federal Regulations; n
Part 85; Part 92; Part 570; Subparts E, H, and K; and U.S. Office of Management and Budget M
Circulars applicable including,without limitation,A-87,A-95, A-110, and A-133.
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15. Affirmative Action
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The Sub-Recipient shall make every effort to ensure that all projects funded wholly or in part E
by HOME funds shall provide equal employment and career advancement opportunities for
minorities and women. In addition, the Sub-Recipient and the City shall make every effort to Q
employ residents of the area and shall keep a record of the positions that have been created
directly or as a result of this program.
16. Discrimination
A. No person shall, on the grounds of race, sex, creed, color, religion or national origin, be
excluded from participating in, be refused the benefits of, or otherwise be subjected to
discrimination in any activities, programs, or employment supported by this Agreement.
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B. The Sub-Recipient shall not discriminate against any person on the basis of race, color,
creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the
performance of the Scope of Services of this Agreement. Without limitation, the Sub-
Recipient hereby certifies that it shall not discriminate against any employee or
applicant for employment because of race, color,religion, sex, marital status or national
origin.
C. Further,the City and the Sub-Recipient shall promote affirmative action in their hiring
practices and employee policies for minorities and other designated classes in
accordance with federal, state and local laws. Such action shall include, but not be
limited to.the following: recruitment and recruitment advertising, employment,
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upgrading and promotion. In addition,the City and the Sub-Recipient shall not exclude d
from participation under this Agreement any employee or applicant for employment on a
the basis of age,handicap or religion in compliance with State and Federal laws.
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17. Notices
All notices herein required shall be in writing. Notices shall be sent by prepaid First Class Mail w
to the following Address: 2
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To the City: City of San Bernardino r
Attention: City Manager c
300 North "D" Street, Sixth Floor a
San Bernardino, California 92418 0
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To the Sub-Recipient: County of San Bernardino a
Department of Community Development and Housing ti
385 Arrowhead Ave., Third Floor
San Bernardino, California 92415-0043 N
Attention: Director o
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18. Assignment E
Except for an assignment to an entity that is the legal successor of the Sub-Recipient, this =
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Agreement is not assignable by the Sub-Recipient without the express prior written consent of .Ee
the City, which consent shall be given in the City's sole discretion. Any attempt by the Sub-
Recipient to assign any performance of the terms of this Agreement shall be null and void and Q
shall constitute a material breach of this Agreement upon which the City may, among its other
remedies,and without limitation, cancel,terminate or suspend this Agreement.
19. Termination
A. This Agreement may be terminated at any time by either Party upon giving its thirty
(30) day notice in writing to the other Party. Further, the City may immediately
terminate this Agreement upon the termination, suspension, discontinuation or
substantial reduction in HOME funding. Further, and notwithstanding any other
provision of this Agreement, if the Sub-Recipient materially fails to comply with any
Packet;Pg.28'
term of this Agreement, the City may take any one or more of the following actions, as
appropriate in the circumstances:
(i) temporarily withhold cash payments pending correction of the deficiency by the
Sub-Recipient or more severe enforcement action by the City;
(ii) wholly or partly suspend or terminate the current award to the Sub-Recipient;
(iii) withhold further awards to the Sub-Recipient; or take other remedies that may be
legally available.
B. If the Sub-Recipient has entered into an agreement with a development entity this m
Agreement may not be terminated for convenience until completion of the performance of
the agreement with the development entity. Q
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C. Subject to the provisions of this Section 1,9, and notwithstanding any other provision of Q.
this Agreement, the award may be terminated for convenience in accordance with Title
24, Code of Federal Regulations, Part 85.44.
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D. If the Sub-Recipient fails to comply with any material term of this Agreement,the w
Parties agree to meet to resolve any such performance issue. With respect to p
reimbursement to the Sub-Recipient,the provisions of Section 6 shall apply. _
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E. Any action the City may attempt to take with respect to termination or with respect to 0
Sub-Recipient's performance shall not affect expenditures and legally binding
commitments made by the Sub-Recipient before it received notice of such action, Q.
provided the expenditures and commitments were made in good faith by the Sub- C
Recipient and are otherwise allowable under and consistent with HUD guidelines.
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20. Progaam Income c•,
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Any and all Program Income (as defined at Title 24, Code of Federal Regulations, Part
570.500(a)) received by the Sub-Recipient during the term of this Agreement shall be remitted a,
to the City. The parties may at their option agree to the allocation of a portion of the Program `6
Income to the Sub-Recipient to defray costs of ongoing financial monitoring of program d
activities undertaken hereunder, in which case the Sub-Recipient shall provide the City with E
evidence of such costs. The Sub-Recipient's liability to return Program Income shall be limited Y
only to the extent of the Program Income it receives. Q
21. Reversion of Assets
Upon the expiration or termination of this Agreement, for any reason whatsoever, the Sub-
Recipient shall forthwith transfer to the City any unencumbered City HOME funds and City
HOME funds on hand at the time of such expiration or termination, and any accounts
receivable that are attributable to the use of HOME funds including, without limitation,
Program Income.
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22. Fiscal Limitations
HUD may in the future place programmatic or fiscal limitations on HOME funds not presently
anticipated. Accordingly, the City reserves the right to revise this Agreement in order to take
account of actions affecting HUD program funding. In the event of funding reduction, the City
may reduce the allocated funding of this Agreement, and may, at its sole discretion, limit the
Sub-Recipient's authority to commit and spend funds. However, any such limitation shall not
apply to any funds already committed by the Sub-Recipient in an executed agreement with a
third party as of the date that notice of the limitation is provided by the City to the Sub-
Recipient. Where HUD has directed or requested the City to implement a reduction in funding,
with respect to funding for this Agreement, the City Manager or his/her designee may act for
the City in implementing and effecting such a reduction and in revising the Agreement for such E
purpose. .However, any such reduction or revision shall not apply to any funds already
committed by the Sub-Recipient in an executed agreement with a third party as of the date that a
notice of the reduction or revision is provided by the City to the Sub-Recipient. The City
Manager or his/her designee may act for the City in suspending the operation of this Agreement Q.
for up to sixty (60) days, upon three (3) days' prior written notice to the Sub-Recipient of
his/her intention to so act. In no event, however, shall any revision made by the City affect
expenditures and legally binding commitments made by the Sub-Recipient before it received M
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notice of such revision, provided that such amounts have been committed in good faith and are w
otherwise allowable and that such commitments are consistent with HUD cash withdrawal 0
guidelines. _
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23. Use of Funds for Entertainment,Meals or Gifts o
The Sub-Recipient certifies and agrees that it shall not use funds provided through this o
Agreement to pay for entertainment,meals or gifts. a
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24. Release,Indemnification,and Hold Harmless
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Each party to this Agreement shall defend and indemnify the other party against any loss, N
liability, claim, damages, or legal proceeding arising or resulting from the conduct of the M
indemnifying party or its officers, agents, contractors, or employees. Neither party shall be
required to defend or indemnify the other party against any loss, liability, claim, damages, or
legal proceeding arising or resulting from the conduct of the other party or its officers, agents,
contractors, or employees.
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25. Insurance Requirements
The Sub-Recipient warrants that it is an authorized self-insured public entity for purposes of
Professional Liability, General Liability, Automobile Liability and Workers' Compensation
insurance and warrants that through its program of self-insurance, it has adequate coverage or
resources to protect against liabilities arising out of the performance of the terms, conditions or
obligations of this Agreement.
The Sub-Recipient shall require that any development entity or any of its contractors or sub-
contractors add the City and the Sub-Recipient as additional insureds to any insurance policies
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required to be carried pursuant to an agreement between the Sub-Recipient and the
development entity.
The Sub-Recipient shall require each development entity to secure and maintain, throughout
the term of this Agreement, the following types of insurance with limits as shown:
A. Statutory Worker's Compensation Insurance. The Sub-Recipient shall require the
carriers of this coverage to waive all rights of subrogation against the City and its
officers, volunteers, employees, contractors and subcontractors. The Sub-Recipient
shall maintain all California statutory requirements of One Million Dollars ($1,000,000)
limit and shall provide a waiver of subrogation in favor of the City.
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B. Comprehensive General and Automobile Liability Insurance. The Sub-.Recipient shall
require each development entity to obtain general liability insurance on a per occurrence Q
basis with a combined single limit of One Million Dollars ($1,000,000); and automobile
liability insurance for owned, hired and non-owned vehicles on a per occurrence basis Q
with a combined single limit of One Million Dollars ($1,000,000).
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C. Property Insurance. The Sub-Recipient shall obtain, and/or require the relevant rn
development entity to obtain, property insurance for all properties acquired under this
Agreement. 0
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D. Errors and Omissions. The Sub-Recipient shall require each development entity to t
obtain errors and omissions insurance on a per occurrence basis with a combined single o
limit of One Million Dollars($1,000,000).
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E. Other Requirements and Acceptable Proof of Insurance.
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i. All insurance coverage must be maintained throughout the duration of this
Agreement.
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ii. Insurance companies must have an A.M. Best Rating of B+VII or better.
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iii. Policy deductibles must be stated for each coverage. Deductibles greater than Five
Thousand Dollars($5,000)must include a letter of credit.
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iv. Acceptable Proof of Insurance: s
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a. ACCORD Certificate of Insurance listing all coverage, limits, deductibles and a
insurers; and blanket endorsements for all applicable coverage if agent has
authority to issue it;or
b. Binders of insurance for all coverage. Agents must confirm that policy
endorsements have been ordered from the respective insurance companies.
Upon issuance, policy endorsements and a corresponding Certificate of
Insurance listing all insurers and coverage must be submitted to the City.
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NOTE: Insurance binders are only valid for thirty(30) days and may need to be
reissued if the policy endorsements are still pending. Binders may be issued for
a maximum of three, thirty(30)day periods.
26. Conflict of Interest
The Sub-Recipient, its agents, contractors and employees shall comply with all applicable
federal, state, and local laws and regulations governing conflict of interest. To this end. the
Sub-Recipient shall make available or shall provide copies of all applicable federal, state, and
local laws and regulations governing conflict of interest, to its agents, contractors and
employees. E
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27. Program Monitorint Q
The Sub-Recipient, in coordination with the City, shall maintain such property, personnel, )
financial and other records and accounts as are considered necessary by HUD and the City, to
assure proper accounting for all HOME funds authorized under this Agreement. The Sub- Q
Recipient shall permit on-site inspection by the City and HUD representatives, and ensure that in
its employees furnish such information as, in the judgment of the City and HUD may be w
relevant to a question of compliance with contractual conditions and HUD directives, or the p
effectiveness, legality and achievements of the program. All the Sub-Recipient records, with
the exception of confidential client information and those records maintained by the City shall r
be made available to representatives of the City and appropriate federal agencies. The City o
Manager or his/her designee shall conduct periodic program progress reviews. These reviews
shall focus on the extent to which the planned program has been implemented and measurable a
goals have been achieved, the effectiveness of program management, and the impact of the C
program. The Sub-Recipient's performance shall be evaluated against goals and performance
standards stipulated in this Agreement, such evaluations shall expressly exclude any obligations
that the City performs Substandard performance by the Sub-Recipient of its obligations M
hereunder shall constitute non-compliance with this Agreement.
Monitoring of long-term compliance of affordability requirements for rental shall be the E
responsibility of the City. Monitoring of the physical needs and property standards shall be the
responsibility of the City
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28. Religious Proselytizing or Political Activities E
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The Sub-Recipient agrees that it shall not perform or permit any religious proselytizing or a
political activities in connection with the performance of this Agreement. Funds under this
Agreement shall be used exclusively for performance of the services required under this
Agreement and no funds shall be used to promote any religious or political activities.
29. Audits
The Sub-Recipient shall require an independent financial and compliance audit of each
development entity annually for each fiscal year federal funds are received by that development
entity under this Agreement. The results of the independent audit must be submitted to the City
within thirty (30) days of completion. Within thirty (30) days of the submittal of the audit
Packet Pg.32
report,the Sub-Recipient shall require each development entity to provide a written response to
all conditions or findings reported in said audit report. The response must examine each
condition or finding and explain a proposed resolution, including a schedule for correcting any
deficiency, within six (6) months after receipt of the audit report. The Sub-Recipient shall
require each development entity to provide the City and its authorized representatives with, at
all times, during normal business hours, access for the purpose of audit or inspection to any and
all books,documents, papers, records, property, and premises of the development entity, whose
staff shall cooperate fully with authorized auditors when they conduct audits and examinations
of the program. In all instances, audits performed for the purpose of satisfying the
requirements of this Section 29 shall comply with all applicable provisions of OMB Circular A-
133 in accordance with 24 CFR Part 84.26 and Part 85.26.
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The Sub-Recipient will also comply with the requirements of this Section 29 by providing a
copy(or the website address)of its CAFR. Q
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30. Independent Agent and Employees aL
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The Sub-Recipient agrees that it shall be acting as an independent agent and that its employees
are not City employees and are not subject to provisions of law applicable to City employees in
relative to employment, hours of work, rates of compensation, and employee benefits, w
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31. Counterparts =
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This Agreement may be executed in counterparts. When executed, each counterpart shall be c
deemed an original, irrespective of date of execution. Said counterparts shall together
constitute one and the same Agreement. o
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32. Severability Q
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Each and every section of this Agreement shall be construed as a separate and independent M
covenant and agreement. If any term or provision of this Agreement or the application thereof
to certain circumstances shall be declared invalid or unenforceable, the remainder of this M
Agreement, or the application of such term or provision to circumstances other than those to E
which it is declared invalid or unenforceable, shall not be affected thereby, and each term and M
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by t4
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law.
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33. Amendment or Modification
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This Agreement may only be modified or amended by written instrument duly approved and
executed by the City and the Sub-Recipient. Any such modification or amendment shall be
valid, binding and legally enforceable only if approved and authorized in writing by the
respective governing bodies of the City and the Sub-Recipient.
34. GoverninE Law
This Agreement shall be governed by the laws of the State of California. Any legal action
arising from or related to this Agreement shall be brought in the Superior Court of the State of
California in and for the County of San Bernardino.
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35. Compliance with Law
The Sub-Recipient shall comply with all local, state and federal laws, including, but not limited
to, environmental acts,rules and regulations applicable to the work to be performed by the Sub-
Recipient under this Agreement. The Sub-Recipient shall maintain all necessary licenses and
registrations for the lawful performance of the work required of the Sub-Recipient under this
Agreement.
36. Non-Waiver
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Failure of either party to enforce any provision of this Agreement shall not constitute a waiver m
of the right to enforce the same provision or any remaining provisions of this Agreement. ;v
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37. Representations of Persons Executing the Agreement
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The persons executing this Agreement warrant that they are duly authorized to execute this
Agreement on behalf of and bind the respective party that each purports to represent.
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38. Default and Remedies w
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A. Events of Default: _
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0 The occurrence of any of the following shall, after the giving of the notice required o
herein, constitute a default by Sub-Recipient hereunder("Event of Default"):
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i. The failure of the Sub-Recipient to pay or perform any monetary covenant or C
obligation under this Agreement or any of the documents executed in connection
herewith, without curing such failure within ten (10) calendar days after receipt of
written notice of such default from the City (or from any party authorized by the r?
City to deliver such notice as identified by the City in writing to the Sub-Recipient); N
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ii. The failure of the Sub-Recipient to perform any nonmonetary covenant or
obligation solely of the Sub-Recipient under this Agreement or any of the
documents executed in connection herewith, without curing such failure within
thirty(30) calendar days after receipt of written notice of such default from the City d
(or from any party authorized by the City to deliver such notice as identified by the =
City in writing to the Sub-Recipient), specifying the nature of the event or cvo
deficiency giving rise to the default and the action required to cure such deficiency; Q
provided, however, that if any default with respect to a nonmonetary obligation is
such that it cannot be cured within a thirty (30)-day period, it shall be deemed cured
if the Sub-Recipient commences the cure within said thirty (30)-day period and
diligently prosecutes such cure to completion thereafter.
B. Notwithstanding anything herein to the contrary, the herein described notice
requirements and cure periods shall not apply to any Event of Default described in
Sections(i.)through(iv.)below:
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i. The material falsity of any representation or breach of any warranty or covenant
made by the Sub-Recipient under the terms of this Agreement or any documents
executed in connection herewith;
ii. The Sub-Recipient shall (a) apply for or consent to the appointment of a
receiver, trustee, liquidator or custodian or the like of its property, (b) make a
general assignment for the benefit of creditors, (c) be adjudicated as bankrupt or
insolvent or (d) commence a voluntary case under the federal bankruptcy laws
of the United States of America; file a voluntary petition that is not withdrawn
within ten (10) calendar days after the filing thereof; answer seeking an
arrangement with creditors or an order for relief or seeking to take advantage of
any insolvency law; or file an answer admitting the material allegations of a E
petition filed against it in any bankruptcy or insolvency proceeding;
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iii. Voluntary cessation of the operation of the project for a continuous period of
more than thirty (30) calendar days or the involuntary cessation of the operation Q
of the project in accordance with this Agreement for a continuous period of 4)
more than sixty (60) calendar days, unless such cessation is approved, in
writing,by the City;
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iv. Filing or recording of a mechanic's lien or any other type of encumbrance on 0
any eligible property resulting from the Sub-Recipient's failure to fulfill its =
financial or other contractual obligations with respect to any of its vendors or
0 sub-contractors, if the lien or encumbrance is not removed within ten (10) c
calendar days after receipt of written notice of such default from the City (or
from any party authorized by the City to deliver such notice as identified by the 0
City, in writing, to the Sub-Recipient). a
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
to
default shall not operate as a waiver of any default or of any rights or remedies M
associated with a default. Except with respect to rights and remedies expressly declared
to be exclusive in this Agreement, the rights and remedies of the parties under this co
Agreement are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party. t6
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D. The City's Remedies: E
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Upon the occurrence of an Event of Default hereunder, the City, or its designated Q
agent(s),may, in its sole discretion,take any one or more of the following actions:
L In implementing its remedy(ies), the City shall adhere to the provisions specified
in 24 CFR Part 85.43.
ii. By notice to the Sub-Recipient, declare that the entire unencumbered, unused
amount of HOME funds must be immediately repaid to the City, and the same
shall become due and payable without further demand, protest or further notice
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of any kind,all of which are expressly waived;
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iii. Subject to any non-recourse provisions in this Agreement, take any and all
actions and do any and all things which are allowed, permitted or provided by
law, in equity or by statute, to enforce performance and observance of any
obligation, agreement or covenant of the Sub-Recipient under this Agreement or
under any other docurent executed in connection herewith;
iv. Cease allowing the Sub-Recipient access to any HOME funds unless and until
the Event of Default (if curable) is cured;
V. Demand reimbursement from the Sub-Recipient for any payments made to it by
the City for which the contracted work product was not satisfactorily delivered
by the Sub-Recipient; E
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vii. Take any and all actions and do any and all things which are allowed, permitted
or provided by law, in equity or by statute, to enforce performance and C,
observance of any obligation, agreement or covenant of the Sub-Recipient under d
this Agreement or under any other document executed in connection herewith.
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E. City Default and Sub-Recipient Remedies: w
Upon fault or failure of the City to meet any of its obligations under this Agreement 0
without curing such failure within thirty (30) calendar days after receipt of written =
notice of such failure from the Sub-Recipient specifying the nature of the event or
deficiency giving rise to the default and the action required to cure such deficiency, the c
Sub-Recipient may, as its sole and exclusive remedies:
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i. Bring an action in equitable relief seeking the specific performance by the City of a
the terms and conditions of this Agreement or seeking to enjoin any act by the City
which is prohibited hereunder;
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ii. Demand reimbursement from the City for any payments made to it by the Sub- te
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Recipient for which the contracted work product was not satisfactorily delivered by W
the City and/or
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iii. Bring an action for declaratory relief seeking judicial determination of the meaning
of any provision of this Agreement. Without limiting the generality of the d
foregoing, the Sub-Recipient shall in no event be entitled to, and hereby waives any =
right to seek, indirect or consequential damages of any kind or nature from the City
arising out of or in connection with this Agreement, and in connection with such Q
waiver the Sub-Recipient is familiar with and hereby waives the provisions of
Section 1542 of the California Civil Code which provides as follows: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
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39. Consequential Damnes and Limitation of Liability
The City and the Sub-Recipient agree that except as otherwise provided in this Section 39, in
no event shall either be liable to the other under this Agreement for any damages including,but
not limited to, special damages, loss of revenue, loss of profit, operating costs or business
interruption losses, regardless of cause, including breach of contract, negligence, strict liability
or otherwise. The limitations and exclusions of liability set forth in this Section 39 shall apply
regardless of fault, breach of contract, tort, strict liability or otherwise of the Sub-Recipient and
the City,their employees or consultants.
40. Legal Proceedings
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Should any legal proceeding be commenced to enforce, enjoin, collect funds under, or
otherwise implement or affect this Agreement, it shall be filed in the Superior Court of the a
State of California for the County of San Bernardino, San Bernardino District. c
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41. Anti-Lobbying
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The Sub-Recipient must submit a certification with regard to compliance with restrictions on in
lobbying required by 24 CFR Part 87,together with disclosure forms, if required by that part. w
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42. Exhibits s
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The Exhibits to this Agreement designated as Exhibits "A," "B," and "C"are an integral part of o
this agreement and have each been incorporated herein. The Agreement shall not become
effective until such time as the Sub-Recipient has properly filled out and fully executed each o
exhibit to this Agreement that is to be filled out and executed by it. a
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43. Entire Agreement ti
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This Agreement constitutes the entire agreement between the parties. This Agreement
supersedes all prior negotiations, discussions and agreements between the parties concerning CO
the subject matters covered herein. The parties intend this Agreement to be the final expression
of their agreement with respect to the subjects covered herein and a complete and exclusive a,
statement of such terms. f°
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S.C.b
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed as of the day
and year first written above.
CITY
City of San Bernardino
a municipal corporation and charter city
Date: By:
Allen Parker, City Manager E
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Approved as to Form: a
Gary D. Saenz, City Attorney
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By: _�14L� w
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SUBRECIPIENT c
County of San Bernardino
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Date: By:
James Ramos, Chairman i°
Board of Supervisors N
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APPROVED AS TO LEGAL FORM SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE E,
JEAN-RENE BASLE CHAIRMAN OF THE BOARD
County Counsel
LAURA H. WELCH E
Clerk of the Board of Supervisors
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MICHELLE D. BLAKEMORE
Chief Assistant County Counsel By:
Date: Date:
ATTEST:
By:
City Clerk
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EXHIBIT L<A"
Scope of Services
The Sub-Recipient shall be responsible for administering the City's HOME Program in a manner
satisfactory to the City. Such program shall include the following activities eligible under HOME
regulations:
Valencia Gardens Apartments
(Val 9 Apartments)
San Bernardino, California
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Project Description L
The Valencia Gardens Apartments (Val 9) consist of 1 manager's unit and 75 affordable housing units Q
located on the corner of Valencia and 9t"streets in the City of San Bernardino. The total project cost is
approximately $25,917,000 of which the County of San Bernardino will consider lending $810,000 to 2
the project under a separate HOME Loan Agreement between the County and the development entity.
The source of the $810,000 is the HOME revenue to be provided to the County under the umbrella of
this Sub-Recipient Agreement. The remaining HOME funds, or $24,999, will be retained by the
County and used for project delivery costs. Project delivery costs include legal, financial, and County w
staff time. 2
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HOME Units .�
Of the 76 units developed, four (4) units shall be income restricted at 45% of County Area Median o
Income. The following table delineates the HOME units by bedroom type:
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VAL 9 UNIT BREAK DOWN C'
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County Q
HOME N
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#BDR 30% 4S% SO% 600A mgr Total Units M
1 4 6 10 1 N
2 4 is 8 13 40 ti
3 3 13 1 S 22 3 M
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4 1 2 1 4 E
Total 8 34 is is 1 76 4
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TOTAL HOME UNITS(County&City)
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Use of HOME Funds
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Per the table below the total cost during the construction phase is $24,113,391 of which $3,025,222 are
predevelopment costs (architecture, fees and permits). The County HOME Loan of$810,000 will be
used to pay up to$810,000 of predevelopment costs.
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SOURCES AND USES
Project Name: 100%RAD Subsidized-9%Tx Credit New Gardens Family-76 Units
Project Address: Valencia 9
Developer: NCRC/TCC I HACSB 1 HPI
Number of Dwelling Units: 76
Gross Building Area: 81,378
SOURCES:CONSTRUCTION CURRENT USES:CONSTRUCTION CURRENT PER UNIT PERCENT
Construction Loon $ 17,078,315 Acquisition Costs/Closing $ 525,000 $ 6,908 2.18%
City of SS HOME(1.5 MIL) $1.50D'000 ArchitecturelFeas&Permits S 3,025,= S 39,806 12.55%
Tex Credit Equity $ 3,725,076 Construction Cost S 17,732,689 $ 233,325 73.54%
County of SB-HACS13 $ 1,000,000 Indirect Construction/Legal $ 715,000 $ 9,408 2.97%
County of SB-HOME S 81 D,OD0 Developers Fee S 500,000 S 6,579 2.07%
Other Rent-Up Costs/Reserves S 552,965 S 7,276 2.29%
Developer Gap Loan S - Financing Costs S 1,062,515 S 13980 4.41%
Total S 24,773,391 Total A -2.5,391 Y �i7,2 1 1100.001/
SOURCES:PERMANENT USES:PERMANENT
Perm Loan S 9,195,265 Acquisition COSWClosing S 525,000 S 6,906 2.03%
City of SB HOME(1.5 MIL) S 1,500,000 Archilecture(Fees&Permits $ 3,025,222 S 39,806 77.67%
Tax Credit Equity S 12,416,920 Construction Cost S 17,732689 S 233,325 6842% _
County of SB-HACSB S 1,000,000 Indirect ConstructionA-agal $ 715,000 S 9,408 2.76% N
County of SB-HOME S 810.000 Developer's Fee S 2,000,000 S 26,316 7.72% E
Rent-Up Costs/Reserves S 798,184 S 10,502 3.08% 4)
Deferred Developer Fee" S 993,363 Financing Costs S 1,1 19,4'73 $ 14 730 4.32% L
Total Y 25,915;588 Total 25,975,568 ,694 1190. 0% aj
CTCAC restricts Deferred Developer Fee to 50%of Total Developer Fes. Q
•Developer will make best efforts to secure a competitive allocation of AHP Financing up to$750,000. C
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Distribution of$810,000 HOME Loan Proceeds
The funds will be distributed in two (2)tranches.
Tranche One(1) (n
Ninety (90) percent of the HOME loan, or $729,000, is available for distribution after the following E
conditions are met: 0
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1. Land Closing
2. Construction Financing Closing w
3. Grading permits issued and grading(staking) commenced 0
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Tranche 1 payment will be issued within sixty (60) days from a complete repayment packet including a
verification of all back-up documentation. Q
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Tranche Two(2) M
Ten (10) percent of remaining HOME loan, or $81,000, to be distributed within sixty (60) days after
City owes certificate of completion and copies of all documents have been received and verified for
compliance.
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Proiect Schedule R
March 2015 Close Construction Financing and Start Construction
September 2016 Placed-In-Service
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October 2016 100%Occupancy
November 2016 Permanent Financing w
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If the County is unsuccessful in the negotiations with the Developer for the Val9 Apartments, the City
may terminate this Agreement in a reasonable timeframe and allocate the City HOME Funds to other
qualified projects located in the City of San Bernardino that meet the City and HUD objectives.
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EXHIBIT B
HOME Program Quarterly Report
Complete report form for previous Quarter, and submit it to the Housing Department by the 10th of
each month.
Report Date:
Reporting Period:
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Contact Person Name: E
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Contact E-mail and Telephone:
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Budget: Q
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Activity Amount Expenditures Expenditures Amount
Budgeted this Quarter to Date Reimbursed by
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Status of Activities: a
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Activity Status(progress made to date or justification for lack of progress,
actions taken, upcoming actions, potential issues; etc.)
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New Contracts executed this Quarter:
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Name of Contractor or Amount of Contractor Federal Race Ethnicity
Subcontractor,Address, Contract ID Number
and Phone Number
Packet Pg. 41
Beneficiary Income Information:
Total Number of Extremely Low-Income Very Low-Income Low-Income Female Head
Households or (0-30%) (31-50%) (51-80%) of Household
Persons Assisted
Beneficiary Race and Ethnicity Breakdown:
Race Total Number Number of
Hispanic E
White
Black or African-American a'
Q
Asian c
American Indian or Alaskan Native a
Native Hawaiian or Other Pacific Islander
American Indian or Alaskan Native and White
Asian and White
Black or African-American and White W
American Indian/Alaskan Native and Black/African-American O
Other Multi-Racial =
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TOTAL w
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Property Information a
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Report shall detail progress made on acquisition activities, any relocation that has occurred, properties N
resold to private owners, demolitions completed and properties developed or rehabilitated. c
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Waiting List Information E
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EXHIBIT "C"
[City of San Bernardino
SECTION 3 PLAN
This document serves as the Section 3 Plan for the Valencia Gardens Apartments(Val 9) in compliance
with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended
(12. U.S.C. 1701 u) (Section 3), to ensure that training, employment and other economic opportunities
generated by certain HUD financial assistance, to the greatest extent feasible, and consistent with E
1 existing Federal, State and Local laws and regulations, be directed to low- and very low-income m
persons, particularly those who are recipients of government assistance for housing, and to business a
concerns,which provide economic opportunities to low- and very low-income persons. c
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I. SECTION 3 PLAN
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The contractor, subcontractor, developer and/or Sub-Recipient will develop a Section 3 Action Plan to Cn
identify the goals, objectives, and actions that will be implemented to ensure compliance with the W
requirements of Section 3. A sample format is included as Attachment A. p
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II. PREFERENCE FOR SECTION 3 RESIDENTS IN TRAINING AND EMPLOYMENT M
OPPORTUNITIES c
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In providing training and employment opportunities, generated from the expenditure of Section 3
activities to Section 3 residents,the following order of preference will be followed: Q
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A. Highest Priority: Low- and very-low income residents certified as Section 3 eligible residing in M
the neighborhood where the project is located.
B. Second Priority: Participants of public and social service programs funded by City of San
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Bernardino HUD funding.
C. Third Priority: Other low- and very-low income residents throughout the City certified as a,
Section 3 eligible.
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III. NUMERICAL GOALS FOR TRAINING AND EMPLOYMENT OPPORTUNITIES
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The City, contractor, subcontractor, developer and/or Sub-Recipient will, to the greatest extent a
feasible, when awarding contracts or providing training and/or employment opportunities for activities
or projects subject to the requirements of Section 3, strive to comply with the goals established in this
section.
The numerical goals established in this section represent minimum numerical targets.
Training and employment opportunities will be made available to Section 3 residents as follows:
Packet Pg.43
30 percent of the aggregate number of new hires/training opportunities resulting from funds
awarded for FY and continuing thereafter. Number of Section 3 jobs/training opportunities
anticipated for this project is: << >>
IV. LIST OF STRATEGIES TO BE ADOPTED FOR COMPLIANCE WITH THE
STATED EMPLOYMENT,TRAINING AND CONTRACTING GOALS
The contractor,subcontractor,developer and/or Sub-Recipient must submit a current list of employees as of
the date the Section 3 Plan is submitted for approval along with anticipated new hires. A list of
employees can be submitted on the "Worker Utilization Form" included as Attachment B or an official
company form that includes the same information requested on the Worker Utilization Form. The
contractor, subcontractor, developer and/or Sub-Recipient must also develop a list of strategies to be m
adopted for compliance with the stated employment,training and.contracting goals.
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V. NUMERICAL GOALS FOR CONTRACTING ACTIVITIES
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These goals apply to contract awards in excess of$100,000 in connection with a Section 3 eligible
project, and it applies to contractors, subcontractors, developers, and/or Sub-Recipients. The 6
contractor, subcontractor, developer and/or Sub-Recipient commits to award to Section 3 business N
concerns: W
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A. At least 10 percent of the total dollar amount of all Section 3 covered contracts for building t
trades work.arising in connection with housing rehabilitation, housing construction and other o
public construction; and 0
B. At least 3 percent of the total dollar amount of all other Section 3 covered contracts. o
C. In the event that the contractor, subcontractor,developer and/or Sub-Recipient is unable to Q
reach the goals stated above, they will be required to contribute the difference between 10%of
the covered contract amount (3%for non-construction related covered contracts)and the I
amount provided to Section 3 business concerns and/or in the employment of Section 3
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residents in to the City's Section 3 Implementation Fund.
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VI. PREFERENCE FOR SECTION 3 BUSINESS CONCERNS E
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The following order of preference will be followed when providing contracting opportunities to
Section 3 businesses: E
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A. First priority will be given to Section 3 business concerns that provide economic opportunities Q
for Section 3 residents in the service area or neighborhood in which the Section 3 covered
project is located.
B. Second priority will be given to Section 3 business concerns selected to carry out HUD funded
Programs.
C. Third priority will be given to Section 3 business concerns that provide economic opportunities
for Other Section 3 Residents located outside the service area or neighborhood in which the
Section 3 covered project is located.
VII. SECTION 3 CLAUSE
Padket
S.C.b
All Section 3 covered contracts shall include the following clause (referred to as the "Section 3
Clause"):
A. The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701 u (section 3). The
purpose of section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted projects covered by section 3, shall,to the greatest extent
feasible, be directed to low-and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
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B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which L
implement section 3.As evidenced by their execution of this contract, the parties to this Q
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the part 135 regulations. a
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C. The contractor agrees to send to each labor organization or representative of workers with 6
which the contractor has a collective bargaining agreement or other understanding, if any, a N
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notice advising the labor organization or workers' representative of the contractor's 0
commitments under this section 3 clause, and will post copies of the notice in conspicuous =
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth c
minimum number and job titles subject to hire, availability of apprenticeship and training 'o
positions,the qualifications for each; and the name and location of the person(s)taking a
applications for each of the positions;and the anticipated date the work shall begin. <t
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D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action,as
provided in an applicable provision of the subcontract or in this section 3 clause,upon a finding M
that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will E
not subcontract with any subcontractor where the contractor has notice or knowledge that the 0
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
M
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E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected by before the contract is executed,and(2)with a
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed,were not filled to circumvent the contractors obligations under 24
CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
.rr, G. With respect to work performed in connection with section 3 covered Indian housing
Packet Pg.45
�r assistance, section 7(b)of the Indian Self-Determination and Education Assistance Act(25
U.S.C. 450e)also applies to the work to be performed under this contract, Section 7(b)requires
that to the greatest extent feasible(i)preference in the award of contracts and subcontracts shall
be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this
contract that are subject to the provisions of section 3 and section 7(b) agree to comply with
section 3 to the maximum extent feasible, but not in derogation of compliance with section
7(b).
VIII. REPORTING
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The contractor, subcontractor. developer and/or Sub-Recipient will submit fully documented Section 3 L
Summary Reports to the City, that provide a comprehensive review of all Section 3 employment, training, and
a
contracting that occurred during the previous 12 months. The Section 3 report is due to the City by July 31"of =
each covered year. m
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5.C.b
Attachment A
SECTION 3 PLAN
(OWNER/DEVELOPER
AND
GENERAL CONTRACTOR) a
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For
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(Name of Development) 6
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Submitted by: _
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Name of Owner/Developer: °
Address: 'o
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Contact Information:
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Name of General Contractor: a'
Address: *�
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Contact Information: Q
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General Statement
as the owner, and , as the
general contractor are committed to comply with the Section 3 act, the Section 3 regulations, and the
City of San Bernardino ("City") Section 3 Guidelines. It is our desire to work together to ensure
compliance, to the greatest extent feasible, through the awarding of contracts for work and services to
Section 3 companies, and to provide employment and training to Section 3 residents. We commit to
include the Section 3 clause in the construction contract and all subcontracts in excess of $1 00,
000,000. All subcontractors interested in submitting bids for contracts will be informed of the Section
3 requirements and goals. We agree to provide the City with copies of all bids received in response to
the invitation to bid and copies of all contracts awarded in excess of$100,000.00.
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Goals
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Contracting: c
To demonstrate compliance with Section 3 regulations, it is desirous to award at least 10 percent of the a
total dollar amount of all Section 3 covered contracts for building trades work, and, at least 3 percent
of the total dollar amount of all other Section 3 covered contracts (i.e., professional services)to Section
3 business concerns. N
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Construction contract:
10%: $ _
3% $ w
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These goals are affirmed: Initials: �
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If we do not feel it is feasible to meet the minimum goals set forth above, we will be prepared to a
demonstrate why it was not possible. We understand failure to follow our Section 3 Plan could result in Q
the Secretary of Housing and Urban Development("HUD") finding us non-compliant with the Section
3 regulations. M
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Employment and Training: M
To demonstrate compliance with Section 3 regulations, it is desirous to employ Section 3 residents as
30 percent of the aggregate number of new hires, and to provide training to those new hires. We agree
to provide information regarding existing employees and hiring needs as a part of this plan. `0
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Any goal established in this plan must be met. If we fail to do so, we agree to provide an explanation E
and documentation as to why the goal was not met.
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Packet Pg.48
Outreach
We are committed to conduct an aggressive outreach campaign to make Section 3 Businesses and
Section 3 Residents aware of contracting and possible hiring opportunities in connection with this
Section 3 Covered Project. Efforts will include, but not be limited to, publication of opportunities in
the local newspapers, use of signage at the project site, flyers posted in the neighborhood and
surrounding areas, notification of local housing authorities, contractor and trade organizations,
employment agencies, career centers and local Youthbuild chapters.
Project Neighborhood Area
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The project neighborhood area is: E
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This area will be the primary focus of all outreach attempts. a
Section 3 Coordinator )
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Name:
Contact Information: �
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This person will serve as the main point of contact for all Section 3 related issues on behalf of the 2
owner, general contractor, and the subcontractor. _
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Reporting o
We agree to submit a Master Subcontractor List on the 20'b day of each month after construction of the o
Section 3 Covered Project has commenced. We agree to submit a final report to the City on HUD Q
Form 60002 at completion of construction of the Section 3 Covered Project. We agree to immediately a
report any changes in this plan, including but not limited to, changes in the dollar amount of contracts ti
awarded and staffing needs of the subcontractors.
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Attachments c~e
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The following attachments are incorporated into and made a part of this Section 3 Plan: a,
Section 3 Clause that will be included in all contracts =
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Contracting Plan E
Outreach to Solicit Bids from Section 3 Businesses
Permanent Employee Listing for the Owner/Developer Q
Permanent Employee Listing for the General Contractor
Workforce Needed for Section 3 Covered Project for the Owner/Developer
Workforce Needed for Section 3 Covered Project for the General Contractor
Packet?g.49
We agree to provide to the City the following documentation as soon as the information is available to
US.
• Outreach to Solicit Bids from Section 3 Businesses (updated)
• New Hires for the Owner/Developer
• New Hires for the General Contractor
• Section 3 New Hires Trained for the Owner/Developer
• Section 3 New Hires Trained for the General Contractor
• HUD 60002 Final Report
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Submitted to the City of San Bernardino E
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Date:
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OWNER/DEVELOPER:
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(Print/type name) W
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GENERAL CONTRACTOR: E
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By:
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SECTION 3 PLAN
(SUBCONTRACTOR
WITH
CONTRACT IN EXCESS OF $1009000)
For
(Name of Development) E
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Name of Subcontractor: M
Address:
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General Statement
as the subcontractor is committed to comply with the
Section 3 act,the Section 3 regulations, and the City of San Bernardino ("City") Section 3 Guidelines.
It is our desire to work together with the Owner and the General Contractor to ensure compliance, to
the greatest extent feasible, through the awarding of contracts for work and services to Section 3
companies, and to provide employment and training to Section 3 residents. We commit to include the
Section 3 clause in all subcontracts. We have been informed of the Section 3 requirements and goals
set forth by the Owner and the General Contractor. Our submission of this document shall also be our
agreement to follow the Section 3 PIan submitted to City by the Owner/Developer and the General
Contractor. E
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Employment and Training a'
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To demonstrate compliance with Section 3 regulations, it is desirous to employ Section 3 residents as a
30 percent of the aggregate number of new hires, and to provide training to those new hires. We agree
to provide information regarding existing employees and hiring needs as a part of this plan.
Any goal established in this plan must be met, or proof provided as to why the goal was not met. w
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Attachments =
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The following attachments are incorporated into and made a part of this Section 3 Plan: o
Section 3 Clause that will be included in all contracts o
Permanent Employee Listing for the Subcontractor a
Workforce Needed for Section 3 Covered Project for the Subcontractor a
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We agree to provide to the owner the following documentation as soon as the information is available
to us:
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• New Hires for the Subcontractor
• Section 3 New Hires Trained for the Subcontractor
• HUD 60002 Final Report
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We agree to immediately report any changes in this plan, including but not limited to, changes in the E
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dollar amount of contracts awarded and staffing needs.
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5,G.b
CONTRACTING PLAN WORKSHEET
Instruction for completing this worksheet
A. List each contract or trade anticipated (including those in excess of $100,000) in connection
with this project and describe the type of work they will be performing
B. Approximate dollar value of each contract
C. List whether the service is Construction (C)or Professional (P)
D. Indicate whether this contract will be awarded to a Section 3 business concern. c
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(C) Section 3
Contract or Trade Dollar Value (P) Business a'
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OUTREACH TO SOLICIT BIDS FROM SECTION 3 BUSINESSES
General Contractor
Project Name
Period Covered
Date Submitted
Indicate the efforts that will be made to notify Section 3 business concerns of contracting opportunities
generated by HUD financial assistance for housing and community development programs, to the
greatest extent feasible (use additional pages if necessary). All efforts must be documented. After the
contracts are awarded, attach copies of all publications, notices, pictures of posted notices, and any m
other outreach material utilized, along with a list of all Section 3 business concerns that responded to
your outreach efforts. a
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5.C.b
PERMANENT EMPLOYEE LISTING
(OWNER/DEVELOPER)
Name of Company
Project Name
Period Covered
Date Submitted
NOTE:A computer generated employee registry can be submitted as long as it lists the employee name r
and job category. _
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Name of Employee. Job Category
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PERMANENT EMPLOYEE LISTING
(GENERAL CONTRACTOR)
Name of Company
Project Name
Period Covered
Date Submitted
NOTE:A computer generated employee registry can be submitted as long as it lists the employee name
and job category. m
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Name of Employee Job Category a,
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PERMANENT EMPLOYEE LISTING
(SUB CONTRACTOR)
Name of Company
Project Name
Period Covered
Date Submitted
NOTE:A computer generated employee registry can be submitted as long as it lists the employee name r
and job category.
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Name of Employee Job Category
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WORKFORCE NEEDED FOR SECTION 3 COVERED PROJECT
(OWNER/DEVELOPER-ESTIMATED)
Name of Com any
Project Name
Period Covered
Date Submitted
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Number of Number of
Positions Positions to be Q
Total Estimated Occupied by Number of Filled with a
Positions Needed Permanent Positions Not Section 3 CL
Job Category for Project Employees Occupied Residents
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WORKFORCE NEEDED FOR SECTION 3 COVERED PROJECT
(GENERAL CONTRACTOR-ESTIMATED)
Name of Com an
Project Name
Period Covered
Date Submitted
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Number of Number of
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Positions Positions to be
Total Estimated Occupied by Number of Filled with Q
Positions Needed Permanent Positions Not Section 3
Job Category for Project Employees Occupied Residents .?
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WORKFORCE NEEDED FOR SECTION 3 COVERED PROJECT
(SUBCONTRACTOR-ESTIMATED)
Name of Company
Project Name
Period Covered
Date Submitted
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Number of Number of
Positions Positions to be
Total Estimated Occupied by Number of Filled with a
Positions Needed Permanent Positions Not Section 3
Job Cate ory for Project Employees Occupied Residents
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NEW HIRES
(OWNER/DEVELOPER)
Packet Pg.60'
Name of Company
Project Name
Period Covered
Date Submitted
Non-
Length of Length of Section Section
Employment Employment in 3 New 3 New
Last 4 by Dates Hours Hire Hire
Employee Name digits Position Start End Proposed Actual m
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If you have new hires, but none are Section 3 residents, please explain.
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NEW HIRES
(GENERAL CONTRACTOR)
Name of Company
Project Name
Period Covered
Date Submitted
Non- a=i
Length of Length of Section Section d
Employment Employment in 3 New 3 New
Last 4 by Dates Hours Hire Hire a
Employee Name digits Position Start End Proposed Actual
SS# Q
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NEW HIRES
(SUBCONTRACTOR)
Name of Company
Project Name
Period Covered
Date Submitted
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Non- m
Length of Length of Section Section m
Employment Employment in 3 New 3 New
Last 4 by Dates Hours Hire Hire Q
Employee Name digits Position Start End Proposed Actual
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SECTION 3 NEW HIRES TRAINED
(OWNER/DEVELOPER)
Name of Company
Project Name
Period Covered
Date Submitted
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m to ee Name: Last 4 digits of ss#:
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Type of Training Provided:
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SECTION 3 NEW HIRES TRAINED
(GENERAL CONTRACTOR)
Name of Company
Project Name
Period Covered
Date Submitted
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Employee Name: Last 4 digits of ss#:
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Type of Training Provided: a
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Type of Training Provided:
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Type of Training Provided: d
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SECTION 3 NEW HIRES TRAINED
(SUBCONTRACTOR)
Name of Company
Pro'ect Name
Period Covered
Date Submitted
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Employee Name: Last 4 digits of ss#: E
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Position: Q
Type of Training Provided:
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Employee Name: Last 4 digits of ss#: cn
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Position: O
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Employee Name: Last 4 digits of ss#: Q
Position: h
Type of Training Provided:
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Type of Training Provided: Ec
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Racket Pg.66
CERTIFICATION FOR RESIDENT SEEKING SECTION 3 PREFERENCES IN
TRAINING AND EMPLOYMENT:
Section 3 Covered Project:
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I, am a legal resident of the City of E
County of State of California, and meet the ;v
income eligibility guidelines for a low- or very-low-income person as set out in the most current Q
Income Figures provided by The Secretary of Housing and Urban Development("HUD").
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My permanent residence address is:
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I have attached the following documentation as evidence of my status: M
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Copy of Lease(if with public Copy of receipt of public assistance
housing authority) Other evidence: Please state o
Copy of Evidence of participation
in a public assistance program o
Proof of Household Income a
(last W-2s or tax returns with a
social security numbers blacked out) ti
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A Section 3 resident seeking the preference in training and employment provided by this part must
submit evidence to the general contractor or subcontractor, that the person is a Section 3 resident, as
defined in Section 135.5. M
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I hereby certify the information provided by me to be true and correct, and understand any falsification
of any of the information could subject me to punishment under the law.
E
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Signature
Print Name
Date
Packet Pg.67
SECTION 3 CLAUSE/AFFIRMATIVE ACTION
Every applicant, recipient, contracting part, contractor and subcontractor shall incorporate, or cause to be
incorporated, in all contracts for work in connection with a Section 3 covered project, the following clause
(referred to as a Section 3 clause):
The work to be performed under this contract is on a project assisted under a program providing direct Federal
financial assistance from the Department of Housing and Urban Development and is subject to the requirements
of Section 3 of the Housing and Urban Development act of 1968, as amended, 12 U.S.C. 1701n. Section 3
requires that to the greatest extent feasible opportunities for training and employment be given to lower income
residents of the project area and contracts for work in connection with the project be awarded to business
concerns which are located in,or owned in substantial part by persons residing in the area of the project. m
E
m
The parties to this contract certify and agree that they are under no contractual or other disability which would
a�
prevent them from complying with these requirements. Q
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The contractor will send to each labor organization or representative of workers with which he has a collective a
bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or
workers representative of his commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment and training.
Cn
The contractor will include this Section 3 clause in every subcontract for work in connection with the project 2
and will, at the direction of the applicant for,or recipient of Federal financial assistance,take appropriate action 0
pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the d
Secretary of Housing and Urban Development, 24 CFR 135. The contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 0
CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations. o
CL
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Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules Q
and orders of the Department issued there under prior to the execution of the contract,shall be a condition of the ti
Federal financial assistance provided to the project, binding upon the applicant or recipient, its contractors and
subcontractors, its successors,and assigns to those sanctions specified by the grant or loan agreement or contract
though which Federal Assistance is provided and to such sanctions as are specified by 24 CFR 135.
M
CONTRACTOR CERTIFICATION E
As the contractor for this renovation, I hereby certify that, if I do not have one, I will comply with the
community's Affirmative Action Plan which includes executive order 11246 and Section 3 listed above. During
the term of this contract I intend to hire employees and will be residents of the community.
E
Dated:
ca
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Contractor Witness
Attachment B
Packet Pg.68
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