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HomeMy WebLinkAboutR33- Economic Development Agency . CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY . FROM: Maggie Pacheco Executive Director SUBJECT: Single-Family Beautification Loan/Grant Program and Homebuyer Education Program with Neighborhood Hotising Services of the Inland Empire, Inc.; Agency Homebuyer Assistance Program DATE: May 24, 2007 Svnopsis of Previous Commission/Council/Committee Action(s): On April 5, 2007, the Redevelopment Committee Members Estrada, Johnson and Baxter unanimously voted to recommend that this item be forwarded to the Community Development Commission for approval. Recommended Motion(s): (Communitv Development Commission) A: Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to enter into a new 3-year HOME Agreement (2007-2010 HOME Funds), subject to alUlUal funding availability, by and between the Agency and Neighborhood Housing Services of the Inland Empire, Inc. ("NHSIE") . C: B: Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. I to the Agency's Single-Family Beautification Loan/Grant and Mobile Home Grant Programs Agreement by and between the Agency and Neighborhood Housing Services of the Inland Empire, Inc. ("NHSIE") dated February 7, 2005 That the Community Development Commission of the City of San Bernardino approve a programmatic change to the Homebuyer Assistance Program increasing the amount of down payment assistance for eligible homebuyers, as deemed necessary by the Agency Executive Director Contact Person(s): Project Area(s): Don Gee/Lisa Connor Phone: (909) 663-1044 All All Ward(s): Supporting Data Attached: 0 Staff Report 0 ResQlution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s) 2,100,000 FUNDING REQUIREMENTS: Amount: $ Annually Source: Low/Mod Set Aside/HOME Funds Budget Authority: 2006-2007 EDA Budget SIGNATURE: Fiscal Review: lj~~~ ~jx Barbara Lindseth, Administrative Services Director Commission/Council Notes: . P:\Agendas\Comm [lev Conunission\COC 2007\06-04-07 NHS PrognmAmendments SR.doc COMMISSION MEETING AGENDA Meeting Date: 06/04/2007 Agenda Item Number:R.33 . e e e ECONOMIC DEVELOPMENT AGENCY STAFF REPORT _________._________________________________~._.___________________________________________h_____________________________..___ SINGLE-FAMILY BEAUTIFICATION LOAN/GRANT PROGRAM AND HOMEBUYER EDUCATION PROGRAM WITH NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC.; AGENCY HOMEBUYER ASSISTANCE PROGRAM BACKGROUND: Since 2005, the Redevelopment Agency of the City of San Bernardino ("Agency") has been outsourcing some of its housing and preservation programs, and currently, contracts with Neighborhood Housing Services of the Inland Empire, Inc. ("NHSIE"), for implementation of the following Agency programs: I) Single-Family Exterior Beautification Grant and Rehabilitation Loan Program, Mobile Home Grant Program and 2) Homebuyer Education Program ("Programs"). In recent discussions with NHSIE Staff, they have advised Agency Staff that due to increasing labor and material costs, implementation of these Programs have become a more challenging task. The increasing construction and labor costs have made it difficult to address and repair health and safety code issues identified by the City's Code Enforcement and Building Departments and to address many of the aesthetic enhancements that must be done to the exterior of a home. Moreover, in September 2006, the Legislative Review Committee ("LRC") recommended that the Agency consider expanding its Programs in order to enable eligible homeowners to include solar panel installation as an alternative energy source in the scope of work. The Agency's Housing Programs are a crucial revitalization tool to the City's Code Enforcement and Building and Safety Departments and are the only City-wide housing programs promoting homeownership and safe and decent housing. Separate from the Programs administered by NHSIE, Agency Staff internally administers the implementation of the Agency's Homebuyer Assistance Program ("HAP"), which currently provides income eligible buyers with up to 20% of the home's purchase price in down payment assistance in the form of a silent second deferred mortgage. CURRENT ISSUE: Sinl!:le-Familv Exterior Beautification Grant and Rehabilitation Loan/Grant Prol!:ram Consequently, Agency Staff is requesting an amendment to the current 2005 Agreement with NHSIE ("2005 Agreement") to increase the annual allocation and change the scope of services for an additional 3- year period beginning July I, 2007. The current remaining fund balance will be reallocated under the proposed amendment. The contract amendment will increase the annual allocation from $1.4 million to $2.1 million, thereby allowing NHSIE to accommodate the higher costs of material and labor, allow for the inclusion of alternative energy conservation sources into the scope of work, and finally, to hire an additional staff person to specifically handle the Programs in order to keep up with the demanding pace of the Programs. The Mobile Home Grant Program will remain unchanged and will continue to be available City-wide along with the aforementioned Program. The Programs changes are as follows: I) Increase the Single-Family Rehabilitation Program loan limitation from a maximum $35,000, 3%, deferred interest to $50,000; 2) Increase the Single-Family Beautification Grant from a maximum grant amount of $10,000 to $15,000; 3) Expand the Single-Family Beautification Loan/Grant Program scope of eligible work to include alternative energy improvements to include, but not limited to, solar panels; and 4) Include an additional allocation of$80,000 per year to allow NHSIE to hire another Housing Rehabilitation Specialist. P:\Agend3s\Corrm Dev ColTDllission\COC 2007\06-04..07 NHS Program Amendments SR.doc COMMISSION MEETING AGENDA Meeting Date: 06/04/2007 Agenda Item Number: e e e Economic Development Agency Staff Report NHS Program Amendments Page 2 Homebuver Education Proe;ram The funding for the Homebuyer Education Program which is made available to first time homebuyers and participants in the Agency's HAP has been exhausted. Therefore, it is recommended that the Agency enter into a new HOME Agreement for 3 years with NHSIE with an annual allocation of $80,000 beginning July 1,2007, subject to annual HOME funding availability. Homebuver Assistance Proe;ram Median home prices have increased in the area from $219,000 in 2004 to approximately $375,000 in 2007 (San Bernllrdino County reached the $400,000 median price in 2007). This increase in home prices has further expanded the gap making it difficult for low- to moderate-income buyers to purchase a home at affordable housing costs as required by State Law. Under the current adopted policies and procedures, the Executive Director of the Agency is allowed to provide down payment assistance to an eligible buyer of up to 20% of the total purchase price of the home; given the gap, this is no longer adequate and as such, a programmatic change in the HAP to increase the down payment assistance for up to a maximum of 30% of the purchase price, which will only be granted on an individual case-by-case basis and under strict underwriting criteria by the primary lender and subject to approval by the Agency Executive Director. ENVIRONMENTAL IMPACT: The Programs are not projects and are exempt under Section 15378 of the California Environmental Quality Act ("CEQA") guidelines. FISCAL IMPACT: The additional sums noted above will be funded from both the Agency's Housing Fund (for the Programs) and the Homebuyer Education Program and Mobile Home Program will continue to be funded from the HOME federal annual program. All future funding is subject to funding availability, annual budget appropriations by the Community Development Commission of the City of San Bernardino and annual review ofNHSIE's performance. The HAP increase will be part of the requested allocation for this program as part of the FY 2007-2008 Agency budget. RECOMMENDATION: That the Community Development Commission adopt the attached Resolutions and Motion. P:\Agendas\Corml Dcv Commission\CDC 2007\06..04-07 NHS Program Amendments SRdoc COMMISSION MEETING AGENDA Meeting Date: 06/0412007 Agenda Item Number: e 1 2 3 4 5 6 7 8 9 10 11 12 13 e14 15 16 17 18 25 26 e27 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO ENTER INTO A NEW 3-YEAR HOME AGREEMENT (2007-2010 HOME FUNDS), SUBJECT TO ANNUAL FUNDING AVAILABILITY, BY AND BETWEEN THE AGENCY AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC. ("NHSIE") WHEREAS, the City of San Bernardino ("City") has received formula HOME Investment Partnership allocation for Fiscal Year 2007-2008 and anticipates receiving said funds yearly thereafter, from the U.S. Department of Housing and Urban Development ("HUD") to carry out eligible activities in accordance with federal program requirements at 24 CFR 92 (the "Homebuyer Education Program"), and the Redevelopment Agency of the City of San Bernardino (the "Agency") is designated by the Mayor and Common Council of the City of San Bernardino ("Council") to administer such Homebuyer Education Program on behalf of the City; and WHEREAS, in an effort to facilitate these activities, the City, on January 22, 2001, entered into a HOME Agreement (2000-2003 HOME Funds), as subsequently amended (the "Agreement"), with Neighborhood Housing Services of the Inland Empire, Inc., a California non-profit corporation ("NHSIE"), to carry out the Homebuyer Education Program and said Agreement has 19 expired; and 20 WHEREAS, the Agency, on behalf of the City, together with NHSIE, desire to continue the 21 scope of services as provided in the expired Agreement and enter into a new Agreement as set forth 22 herein to be in full force and effect from and after the date of this Agreement for an annual amount 23 not to exceed $80,000, for a 3-year term during the fiscal years of 2007-2008, 2008-2009 and 24 2009-2010, subject to availability of the HOME Funds and performance by NHSIE. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 28 I P:\Agendas\Resolulions\Re$olutions\2007\06-04-07 NHS HOME Agreement Reso A.doc 411 Section 1. The Community Development Commission of the City of San Bernardino 2 ("Commission") hereby approves the Agreement as of the date of said Agreement. The 3 Commission authorizes and directs the Executive Director of the Agency to execute the Agreement 4 together with such nonsubstantive modifications as deemed necessary and as approved by the 5 Executive Director of the Agency, with the concurrence of Agency Counsel, between the Agency 6 and NHSIE, in an amount not to exceed $80,000 annually, for a period of3 fiscal years comprised 7 of 2007-2008, 2008-2009 and 2009-2010, subject to the availability of the HOME Funds for the 8 administration and provision of the Program to eligible participants, in accordance with the 9 provisions of the Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated 10 herein by reference. 11 Section 2. 12 /11 13 11/ 4114 11/ 15 11/ 16 11/ 17 11/ 18 11/ 19 11/ 20 11/ 21 /11 22 11/ 23 /11 24 11/ 25 /11 26 /11 4127 /11 28 11/ This Resolution shall take effect immediately upon its adoption. 2 P:\Agendas\Rcsolutions\Resolutions\2007\06-04-07 NHS HOME Agreement Rcso A.doc _1 2 3 4 5 6 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO ENTER INTO A NEW 3-YEAR HOME AGREEMENT (2007-2010 HOME FUNDS), SUBJECT TO ANNUAL FUNDING AVAILABILITY, BY AND BETWEEN THE AGENCY AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC. ("NHSIE") I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 7 Development Commission of the City of San Bernardino at a 8 thereof, held on the day of 9 Commission Members: Ayes 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY _14 KELLEY JOHNSON 15 16 MC CAMMACK The foregoing Resolution is hereby approved this 20 21 17 18 19 22 23 24 meeting ,2007, by the following vote to wit: Nays Abstain Absent Secretary day of ,2007. Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino Approved as to Form: 25 26 e27 28 By: ~L Agenc ounsel 3 P:\Agendas\RcsoJutions\Resolutions\2O()'7\(l67 NHS HOME Agreement Rcso A.doc . . e 2007 HOME AGREEMENT (2007-2010 HOME Funds) (Neighborhood Housing Services of the Inland Empire, Inc.) THIS HOME AGREEMENT ("Agreement") is made and entered into this 4th day of June 2007, by and between the Redevelopment Agency of the City San Bernardino, a public body, corporate and politic (hereinafter referred to as "Agency"), located in the City of San Bernardino (the "City") and Neighborhood Housing Services of the Inland Empire, Inc. ("NHSIE") located at 1390 North "D" Street, San Bernardino, California 92405. The parties agree as follows: RECITALS WHEREAS, the City has received formula HOME Investment Partnership allocation for Fiscal Years 2007 and 2008 and anticipates receiving said funds yearly thereafter, from the federal Department of Housing and Urban Development ("HUD") to carry out eligible activities in accordance with federal program requirements at 24 CFR 92 (the "Program"), and the Agency is designated to administer such Program on behalf of the City; and WHEREAS, the Agency desires to allocate the sum of Eighty Thousand Dollars ($80,000) annually, of HOME Funds, for a period of three (3) years to NHSIE for the Homebuyer Education Program ("Program") operating expenses, per 24 CFR 92.208(a); and WHEREAS, the Agency desires to execute a three (3) year Program Agreement with NHSIE, renewable annually subject to the City receiving its annual Federal HOME Grant from HUD; and WHEREAS, NHSIE is desirous of participating in activities eligible under HOME, and further agrees that the beneficiaries of its activities under the program and this Agreement, are or will be individuals or families who meet the income eligibility guidelines at Title 24 CFR part 92.217; and WHEREAS, the Agency deems the activities to be provided by NHSIE as consistent with and supportive of the HOME Program and is consistent with the City's 2005-2010 Consolidated Plan and Housing Element; and WHEREAS, the Agency will monitor and administer NHSIE to ensure compliance with all HOME Program requirements, and that NHSIE will comply with all program requirements under 24 CFR 92. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. CERTIFYING THE NON-PROFIT: A. Legal Status. The non-profit organization is organized under state or local laws, as evidenced by a charter or articles of incorporation. No part of its net earnings inure to the benefit of any member, founder, contributor, or individual, as evidenced by the same. The non-profit organization must have a tax exemption ruling from the Internal Revenue Service ("IRS") under Section 501(c) of the Internal Revenue Code of 1986, as evidenced by a 501(c) P:\Agcndas\A.genda Attaduncnts\.Agnra-Amcnd 2007\06..04-07 NHS 2001 Final HOME Agn:cmcnt.doc e certificate from the IRS. Also, the non-profit organization has among its purposes the provision of decent housing that is affordable to low-and moderate-income people, as evidenced by a statement in the organization's charter, articles of incorporation, by-laws or resolutions. B. Capacity. The non-profit organization conforms to the financial accountability standards of 24 CFR 84.21, "Standards for Financial Management Systems", as evidenced by a notarized statement by the organization's CEO or president, a CPA or a HUD-approved audit summary. NHSIE has a demonstrated capacity for carrying out activities assisted with HOME Funds and affordable housing programs through the stated experience of key staff members or contract(s) with consultants who have experience with related projects to train key staff. Also, NHSIE has shown a history of serving the community. C. Relationship with For-Profit Entities. NHSIE is not controlled nor receives directions from individuals or entities seeking profit from the organization, as evidenced by the organization's by-laws or a memorandum of understanding. NHSIE may be sponsored or created by a for- profit entity, however: I. The for-profit entity's primary purpose does not include the development or management of housing, as evidenced in its by-laws; and 2. NHSIE is free to contract for goods and services from vendor(s) of its own choosing, as evidenced in its by-laws, charter or articles of incorporation. e II. SCOPE OF SERVICES AND COMPENSATION A. Amount of Grant: Pursuant to the conditions being met in Section 1. above, the Agency agrees to pay Eighty Thousand Dollars ($80,000) (the "Funds") annually for fiscal year 2007-2008,2008-2009, and 2009-2010, subject to federal HOME funds being available to the City for the Homebuyer Education Program, for a total compensation of Two Hundred Forty Thousand Dollars ($240,000). B. Use of Grant Funds: The Funds will be used to pay the operating expenses of NHSIE, including, but not limited to, the costs of salaries, wages, and other employee compensation and benefits; employee education, training; rent; utilities; taxes; insurance; equipment; materials and supplies and more specifically, to implement and administer the Homebuyer Education Program depicted in Exhibit "A" herein. 1. Tasks to be performed: NHSIE shall develop, manage and support the Homebuyer Education Program for low-and moderate-income households through projects that include, but are not limited to, assistance to eligible homebuyers, marketing and outreach services pertaining to the expansion, improvement, or preservation of low-and moderate-income housing (See Exhibit "A"). e 2. Schedule for Completion of Tasks/Term of Agreement: Upon execution of this Agreement, NHSIE agrees to provide the services outlined in the body of this Agreement commencing on July 1, 2007 through June 30, 2010, subject to and conditioned upon the City receiving its annual allocation of federal HOME funds for the term of this Agreement. Should the City no longer receive federal HOME Funds, 2 P:\Agendu\Agenda AttacbmenlS\AgrmU_Amcnd 2007\06-04-01 NHS 2007 Final HOME Agreement-doc e e e particularly during the term of this Agreement, then this Agreement shall terminate and the parties shall have no further obligation to each other relative to this Agreement. C. Other Program ReQuirements NHSIE must carry out each activity in compliance with all federal laws and regulations described in Subpart H of24 CFR 92 and outlined hereinafter, except that NHSIE does not assume the Agency's/City's responsibility for environmental review in Section 92.352 or the intergovernmental review process in Section 92.357. These federal laws and regulations must be complied with as follows: a. EQual Opportunity. No person shall be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with HOME Funds. In addition, HOME Funds must be made available in accordance with all laws and regulations listed in Section 92.350(a). b. Fair Housing. In accordance with the certification made with its housing strategy, each participating jurisdiction must affirmatively further fair housing. Actions described in Section 570.904(c) of Title II of the Cranston-Gonzales National Affordable Housing Act will satisfy this requirement. c. Conflict of Interest. NHSIE will hereby comply with all requirements set forth regarding conflict of interest provisions as they apply in Section 92.356. d. Debarment and Suspension. As required in Section 92.357, NHSIE will comply with all debarment and suspension certifications. Hold Harmless. NHSIE agrees to indemnify, defend, and save harmless, the City and Agency, its officers, agents, and employees from any and all claims and losses accruing or resulting to NHSIE or any and all contractors, subcontractors, materialmen, laborers and any other person, firm, or corporation furnishing or supplying work, services or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by NHSIE in the performance of this Agreement. Without limiting NHSIE's indemnification of the Agency, NHSIE shall provide and maintain, at its own expense during the term of this Agreement, the following program(s) of insurance covering its operation hereunder. Such insurance shall be provided by insurer( s) satisfactory to Agency and evidence of such programs satisfactory to Agency shall be delivered to the Executive Director of the Agency or his/her designee within ten (10) days of the effective date of this Agreement. General Liabilitv: A program including, but not limited to, comprehensive general liability with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by the City/Agency, and shall name the City and the Agency as an additional insured. Such insurance shall require the Agency be notified at least ten (10) days in advance of any change or cancellation of said insurance. 3 P:\Agendas\Agenda Attaehments\AgmU-Amend 2007\06-04..01 NHS 2007 Final HOME Agreemcnldoc e e e D. Request for Disbursement of Funds 1. NHSIE may request the Funds monthly at the rate of $6,666.67, on a reimbursement basis, for eligible costs, on a prorata basis, up to a maximum of Two Hundred Forty Thousand Dollars ($240,000) for the three (3) year term. The amount of each request will be limited to the amount substantiated in the invoices submitted for costs incurred operating the Homebuyer Education Program. E. Records and Reports. 1. The Agency will require that NHSIE maintain the following records and reports in order to assist the Agency in meeting its record keeping and reporting requirements: a. Records, including individual project and construction records and a running log demonstrating compliance with the applicable provisions of Section 92.508(2) of the HOME Investment Partnership Program; and b. Continuing compliance with the HOME Program shall be certified and reported to the Agency on a quarterly basis to comply with HOME reporting requirements; and c. Any other legal reports and/or records requested by the Agency to document the provisions of all affordable housing projects or programs. III. 2. NHSIE shall retain and provide access to all records for the period of five (5) years from the date of this Agreement in accordance with the requirements of Section 92.508(6)(c) and (d). GENERAL PROVISIONS: A. Enforcement of the Agreement. I. The City or the Agency, at its discretion, may terminate this Agreement, in whole or in part, by giving NHSIE written notice in accordance with 24 CFR 85.44, which provides in part that suspension or termination may occur if NHSIE materially fails to comply with any term of this Agreement. B. Monitoring I. The Agency, is responsible for managing the day-to-day operations of the HOME program on behalf of the City; for monitoring the performance of all entities receiving HOME Funds from the Agency to ensure compliance with the requirements of Subpart K, 24 CFR 92, and for taking appropriate action when performance problems arise. 2. Not less than annually, the Agency will review the activities of NHSIE, to assess compliance with the requirement of Subpart K, 24 CFR 92, as set forth in this Agreement. C. Notices. Any notice requirement set forth herein shall be deemed satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows: 4 P:\AgendaMgend& Attaclunents\AgAmcnd 2007\06-04-07 NHS 2007 Final HOME Agm:ment.doc: e e e Neighborhood Housing Services of the Inland Empire, Inc. C/O Executive Director 13 90 North "0" Street San Bernardino, CA 92405 AGENCY: Redevelopment Agency of the City of San Bernardino C/O Executive Director 201 North "E" Street, Suite 301 San Bernardino, CA 92401 NHSIE: Such addresses may be changed by notice to the other party given in the same manner as provided above. D. Attornev's Fees. In addition to any other remedies provided hereunder or available pursuant to law, if either party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder, the prevailing party shall be entitled to recover from the other party its costs of suit and reasonable attorney's fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing the Agreement on behalf of the City or Agency shall be considered as "attorney's fees" for the purposes of this paragraph. E. No Third Parties Benefited. This Agreement is made and entered into for the sole protection and benefit of the City and the Agency, its successors and assigns, and NHSlE, its permitted successors and assigns, and no other person or persons shall have any right of action hereon. F. Agency to File Notices. NHSlE irrevocably appoints, designates, and authorizes the Agency, as its agent (said agency being coupled with an interest) to file at its option for record any notices of completion, cessation of labor, or any other notice that the Agency deems necessary or desirable to protect its interest hereunder. G. Actions. The City or the Agency shall have the right to commence, appear in, or defend any action or proceeding purporting to affect the rights, duties, or liabilities of the parties hereunder, or the disbursement of any proceeds ofthe Agency allocation of HOME Funds. H. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no assignment of NHSlE's rights hereunder shall be made, voluntarily or by operation of law, without the prior written consent of the City or the Agency, and that any such assignment without said consent shall be void. I. Construction of Words. Except where the context otherwise requires, words imparting the singular number shall include the plural number and vice versa, words imparting persons shall include firms, associations, partnerships and corporations, and words of either gender shall include the other gender. J. Partial Invalidity. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. K. Governing Law. This Agreement and any other instruments given pursuant hereto shall be construed in accordance with and be governed by the laws of the State of California and the 5 P;\AgenlIas\Agenda Atlachments\Agrmts-Amend 2007\06-04-07 NHS 2007 Final HOME Agreement.doc pertinent HOME regulations. e L. Amendment. This Agreement may not be changed orally, but only by agreement in writing signed by NHSIE and the Agency. M. Approvals. Where an approval or submission is required under this Agreement, such approval or submission shall be valid for purposes of this Agreement only if made in writing. N. Captions and Headings. Captions and headings in this Agreement are for convenience of reference only, and are not to be considered in construing this Agreement. O. Entire Agreement. This Agreement shall be executed in triplicate, each of which is deemed to be an original. This Agreement is comprised of7 pages inclusive of Exhibit "A", which constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties. P. Authoritv. The individuals executing this Agreement and the instruments referenced herein on behalf of NHSIE each represent and warrant that they have the legal power, right and actual authority to bind NHSIE to the terms and conditions hereof and thereof. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. e NHSIE Neighborhood Housing Services of the Inland Empire, Inc., a California non-profit corporation By: Helen Moore, Executive Director AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Maggie Pacheco, Executive Director Approved as to Form and Legal Content: _ By: (~~j ., Agen~~~r~ 6 P:~s\Agenda AUacIu:nenls\Agmts--Amtnd 2007'D6-04.()7 NHS 2007 rlnll HOME ApemenLOOe Exhibit" A" e. SCOPE OF WORK A. To provide homebuyer education classes for not less than 227 households per year as described and detailed in Section 2 below, and to provide homebuyer education classes to honiebuyers referred by the Economic Development Agency. B. To conduct off-site marketing and outreach ofNHSIE's and the Agency's Homebuyer's Assistance Programs. NHSIE will provide outreach and marketing to both public and private sector entities. A total of not less than 9 businesses and/or organizations per year will be targeted. C. To provide City/Agency with monthly reports detailing participants and families completing the Homehuyer Education Program, and the number of families purchasing a home within the City of S.an Bernardino. D. To fund at least 2 loans per month utilizing the Agency's Homebuyer's Assistance Program and NHSIE's "Gimme 10" Program, or other programs available to qualified first time homebuyers to buy a home in the City of San Bernardino. 2. HOMEBUYER EDUCATION e A. Real Estate, Title and Escrow . Explaining Real Estate Purchase Contract . Contingencies and Counteroffers . Title Report . Escrow Disclosures . Escrow fees B. The Mortgage Process . Types of Mortgage Loans . Getting Pre-qualified and Receiving a Loan Commitment . The 1003 Application . Good Faith Estimate C. Home Inspections . What is a Home Inspection? . Difference between an Inspection Report and an Appraisal . Selecting a Home Inspector . Addressing Health and Safety Issues e D. Home Maintenance and Preventative Care . The Value of Home Maintenance . Basic Tools and Equipment for Maintenance . Heat, Venting and Air Conditioning . Plumbing System, Water Supply, Drains . Home Cleaning Methods E. Homeowner's Insurance . Different Types of Insurance Companies . Different Types of Insurance Policies . Coverage Needed Before Closing; Basic Five . Additional Coverage: Medical, Liability, Homeowner's Policy, Earthquake and Flood Insurance, etc. F. Foreclosure Prevention . A voiding Late Payments . Responding to Collection Letters . Repayment Plans, Forbearances and Loan Modifications . Alternatives to Foreclosure G. Fair Housing and Predatory Lending . Predatory Lending . Fair Housing: Know Your Rights H. Community Empowerment and Civic Participation . Getting Involved in Your Community . Community Involvement Activities . Neighborhood Watch Programs 7 P:\Agendas\Agenda Attachments\Agrrnls-Amcnd 200'7'10641-07 NHS 2007 Final HOME Agrecmenl.do.x e 1 2 3 4 5 6 7 8 9 10 11 12 13 e14 15 16 17 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE AGENCY'S SINGLE-FAMILY BEAUTIFICATION LOAN/GRANT AND MOBILE HOME GRANT PROGRAMS AGREEMENT BY AND BETWEEN THE AGENCY AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC. ("NHSIE") DATED FEBRUARY 7, 2005 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has established an affordable housing improvement program known as the "Single-Family Beautification Loan/Grant Program and Mobile Home Grant Program" (the "Program"); and WHEREAS, the purpose of the Program is to provide low- and moderate-income homeowners ("Qualified Homeowners") who reside in the City of San Bernardino (the "City"), with a special source of loan and grant funds to undertake certain housing rehabilitation and correction work (including asbestos and lead containing materials abatement work, handicap accessibility improvements and building code deficiency corrections) and certain exterior landscape and structural beautification improvements of owner-occupied, single-family residential dwelling units; 18 and 19 WHEREAS, the application of the proceeds of such loans and grants to such work by the 20 Qualified Homeowners under the specifications of the Program promotes and expands the supply 0 21 affordable housing in the City and fosters the elimination and prevention of blight; and 22 WHEREAS, on February 7, 2005, the Community Development Commission of the City of 23 San Bernardino ("Commission") approved an Agreement with Neighborhood Housing Services of 24 the Inland Empire, Inc. ("NHSIE") ("2005 Agreement"), for the purpose of administering the 25 Program; and 26 WHEREAS, the Agency and NHSIE desire to amend the 2005 Agreement ("Amendment e27 No.1") to extend the terms and conditions of the Agreement for an additional 3 years through June 28 30,2010, modify the Scope of Services and increase the funding for the Program. 1 P:lAgendas\Re5Q]ulions\Rcsolutions\2007\06-04.07 NHS HOME AgTccmenl Reso B.doc _1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 3 FOLLOWS: 4 Section 1. The Commission hereby approves Amendment No. I, by and between the 5 Agency and NHSIE in the form as presented at the meeting of the Commission at which this 6 Resolution is adopted and hereby authorizes the Executive Director of the Agency to execute 7 Amendment No. I on behalf of the Agency and hereby authorizes minor corrections, additions, 8 c1arific'ations, interpretations be made to the 2005 Agreement, as subsequently amended, provided 9 said changes are not substantive in nature, do not increase the monetary impact to the Agency, and 10 are consented to by the Agency Counsel. 11 Section 2. For the purpose of satisfYing the requirements of Health and Safety Code 12 Section 33413 (b), the Commission hereby finds and determines that the Program expands and 13 preserves the community's supply of affordable housing as provided under said provision of the _14 15 Health and Safety Code. Section 3. The Resolution shall become effective immediately upon its adoption, 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// _27 /// 28 /// 2 P:\Agendas\Resolutions\ResoJutions\2007\06-04-07 NHS HOME Agreerrent R.eso B.do<: e~ 3 4 5 6 7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AMENDMENT NO. 1 TO THE AGENCY'S SINGLE-FAMILY BEAUTIFICATION LOAN/GRANT AND MOBILE HOME GRANT PROGRAMS AGREEMENT BY AND BETWEEN THE AGENCY AND NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE, INC. ("NHSIE") DATED FEBRUARY 7, 2005 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a 9 held on the day of 10 Commission Members: Ayes 11 ESTRADA 12 BAXTER 13 BRINKER e14 DERRY 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 19 20 meeting thereof, ,2007, by the foIIowing vote to wit: Nays Abstain Absent Secretary 21 The foregoing Resolution is hereby approved this 22 23 24 25 26 e27 day of ,2007. Patrick J. Morris, Chairperson Community Development Commission of the City of San Bernardino Approved as to Form: By: \ (.~~ / A~ 28 3 P:\Agendas\Rcsolulions\ResoRllions\2007\06-04..o7 NHS HOME Agreement Reso B.doc It It e AMENDMENT NO.1 TO THE SINGLE-FAMILY BEAUTIFICATION LOAN/GRANT AND MOBILE HOME GRANT PROGRAM (Neighborhood Housing Services of the Inland Empire, Inc.) THIS AMENDMENT NO. 1 ("Amendment No.1") amends the Agreement, dated February 7,2005 (collectively, the "Agreement"), and is dated as of this 4th day ofJune 2007, by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic ("Agency"), and Neighborhood Housing Services of the Inland Empire, Inc., a California non-profit corporation (the "CONTRACTOR"), in view of the facts set forth in the following Recitals; RECITALS WHEREAS, the Agency and the CONTRACTOR have previously entered into the Agreement for the purpose of allowing the Agency to implement its affordable housing improvement program known as the "Single Family Beautification Loan/Grant Program and Mobile Home Grant Program" (the "Program") in the City of San Bernardino (the "City") using the Agency's Low- and Moderate-Income Housing Funds described in Section 3 of this Amendment No.1, below; WHEREAS, the Agency and CONTRACTOR desires to amend the Agreement as set forth in this Amendment No. I to increase the amount appropriated and to modifY the Scope of Services to include alternative energy improvements for the "Program", and make certain other changes to the Program description. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN SET FORTH AND THE MUTUAL BENEFITS TO BE DERIVED THEREFROM, THE CONTRACTOR AND THE AGENCY HEREBY AGREE AS FOLLOWS: Section 1. The meaning of the words and phrases as used in this Amendment No. 1 shall be the same as set forth in the Agreement except as the context of usage of a particular term or phrase as set forth in the text ofthis Amendment No. 1 may require. Section 2. The CONTRACTOR and the Agency mutually acknowledge and agree that as of the date of approval of this Amendment No. 1 by the governing board of the Agency, no default exists under the Agreement, nor is either party aware of any fact, with the giving of notice and the passage of time, would constitute a default under the Agreement. Section 3. Nothing in this Amendment No.1 shall be deemed to affect the allocation of the Low- and Moderate-Income Housing Funds of the Agency in the amount of One Million Four Hundred Thousand Dollars ($1,400,000), as previously approved, reserved and expended for the implementation of the Programs. This Amendment No. I provides for an additional allocation of a separate and additional sum of Seven Hundred Thousand Dollars ($700,000) in Agency Fiscal Year 2007-2008, and for a total allocation of such funds in the subsequent two (2) years of Low- and Moderate-Income Housing Funds in the amount of Two Million One Hundred Thousand P:\Agendas\Agencb Attaehments\Agn'lU-Amend 2007\06-04.07 NIlS Sf Agreemenl. Amendmenl No. I.doc . e e Dollars ($2,100,000) for each such year (subject to the annual appropnatlOn process of the Agency) to be used for the Program as modified and amended by this Amendment No. 1 to the Agreement. Section 4. Section 3 of the Agreement is hereby amended by this Amendment No. 1 to read as follows: "Section 3 Scope of Services - The CONTRACTOR agrees to provide the Services to the Agency as set forth herein and as described in the Scope of Services attached hereto as Exhibit "c" for each Program Loan and Grant originated under the Program. This Exhibit "c" shall consolidate and replace Exhibit "c" of the Agreement." -Section 5. Section 5 of the Agreement is hereby amended by this Amendment No. 1 to read as follows: "Section 5 Term of Agreement. Amendment No. 1 shall take effect upon approval by the governing board of the Agency and the complete execution by the parties. Except as modified or amended by this Amendment No.1, all of the provisions of the 2005 Agreement shall remain in full force and effect through and including June 30, 2007. Thereafter, this Amendment No.1 shall take effect and be in full force and effect on July I, 2007. In no event shall the term of the Agreement exceed three (3) years in the aggregate from and after July 1, 2007". Section 6. Section 6 of the Agreement is hereby amended by this Amendment No. 1 to read as follows: "(a) The Agency shall compensate the CONTRACTOR for the performance of Services using Agency Housing Funds (see 1st Recital) in accordance with the following schedule: . 20% Program Administration for the CONTRACTOR ($280,000 from Low/Mod Housing Fund and $40,000 from HOME Funds for administration of Mobile Home Grant Program) Pre-Development Costs such as cancelled title policies, architecture and engineering, lead base testing and inspections, if necessary (Low/Mod Housing Fund). Mobile Home Grant Program (HOME Funds) Single-Family Beautification Grant/Loan Program (Low/Mod Housing Fund) Total: $160,000 $1.575.000 $2,100,000 $360,000 . $5,000 . . (b) Program Administration sums payable by the Agency to the CONTRACTOR as compensation for Services shall be paid by the Agency directly to the CONTRACTOR, payable in twelve (12) equal monthly installments of Thirty Thousand Dollars ($30,000) during the term of this Agreement. (c) Payment for Services will be made by the Agency as of the first day of each calendar month with the first such payment due on the first day of the next calendar month following the date of the complete execution of the Agreement by the parties. The Agency shall 2 P:\Agendas\Agcnda Attachment5\AgmU-AmeOO 2007\O6-(}4...(l7 NHS SF Agreement - Amendment No. I.doc ~- I e e e compensate the CONTRACTOR for services performed prior to the date of Amendment No. 1 in accordance to the compensation schedule set forth in the Agreement." Section 7. Exhibit "c" of the Agreement is hereby modified by this Amendment No. 1 by replacing said Exhibit with a new Exhibit "C" attached to this Amendment No. 1.' Section 8. This Amendment No. 1 shall further authorize the Executive Director of the Agency to make non-substantive changes, clarifications, corrections to the Agreement, including budget line item adjustments, provided such actions do not increase the Agency's monetary annual appropriation to the CONTRACTOR as approved by the governing board of the Agency. Section 9. This Amendment No. 1 shall take effect following its approval by the governing board of the Agency and after it has been fully executed by the authorized officers of the parties. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 3 P:\Agendas\Agcnda Auachmcnts\Agrnu-Amend 2007\06-.04-07 NHS SF Agreement. Amendment No. I.doe . . . IN WITNESS WHEREOF, the parties have caused this Amendment No. I to the Agreement to be executed as ofthe day and year first written above. CONTRACTOR Neighborhood Housing Services of the Inland Empire, a California non-profit corporation By: Helen Moore, Executive Director AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic By: Maggie Pacheco, Executive Director Approved as to Form and Legal Content: ~ Agency Coun 4 P:\Agcncias\Aicnda Attachments\Agmu-Ame:nd.2007\06-Q4-07 NHS SF Agrccmem. Amcndmem No. I.doc EXHIBIT "A" e 2007 INCOME LIMITS Riverside/San Bernardino Counties 1 $33,150 $49,700 2 $37,900 $56,800 3 $42,600 $63,900 4 $47,350 $71,000 5 $51,150 $76,700 6 $54,950 $82,400 7 $58,700 $88,000 e 8 $62,500 $93,700 * Subject to Annual Revisions e 5 P:\Agendas\Agenda Attachments\Agrmb-Amend 2007\06-04-01 NUS SF Agreement _ Amendment No. I.doc . . . EXHIBIT "c" SCOPE OF SERVICES (Description of Program) A. CONTRACTOR'S Administration Costs The Agency shall compensate the CONTRACTOR the total sum of Three Hundred Sixty Thousand Dollars ($360,000) for the administration and implementation of the Program herein and for services rendered under this Agreement. The CONTRACTOR shall bill the Agency monthly in equal installments of Thirty Thousand Dollars ($30,000) up to the maximum amount of compensation stated herein. B. 'Sinl!le-Familv Beautification Loan/Grant Prol!ram (the "Prol!ram") ($1,575,000) The CONTRACTOR shall conduct the Program in accordance with the following guidelines: 1. Loan Program: On a case-by-case basis and only as approved and directed by the Executive Director of the Agency, utilize the funds herein to provide deferred low-interest three percent (3%) loans up to a maximum of Fifty Thousand Dollars ($50,000) per property, and to provide Beautification Grants up to a maximum of Fifteen Thousand Dollars ($15,000) per property to Qualified Homeowners. (NOTE: Refer to Section 6(a) of this Agreement for specific Budget Line Items on how these funds are to be used). . On a case-by-case basis, subject to extenuating circumstances, the amounts herein may be exceeded, provided the CONTRACTOR has obtained approval by the Executive Director of the Agency, or hislher authorized designee. The improvements allowed under the Program are described below in item "D" of this Scope of Services. 2. Grant Program: The CONTRACTOR shall accept Program Loan/Grant Applications from respective Qualified Homeowners to determine income and improvement eligibility (See Exhibit "A"*), determine equity on the subject property, verify ownership by obtaining a preliminary title report or other pertinent documentation from a reputable title Company. The CONTRACTOR shall offer the Program on an as needed, first-come, first-served basis, to Qualified Homeowners throughout the City of San Bernardino (the "City"), and as specifically directed by the Executive Director of the Agency. The improvements allowed under the Program are described below in item "D" ofthis Scope of Services. C. Mobile Home Grant Prol!ram (No Changes) 1. CONTRACTOR shall use the HOME Funds to administer, implement and manage the Mobile Home Grant Program providing grants of up to Five Thousand Dollars ($5,000) per housing unit to income eligible owner occupied single- family mobile home units located within the City (the "Mobile Home Grant Program"). (NOTE: Refer to Section 6(a) of this Agreement for specific Budget Line Items on how these funds are to be used). 2. Only Income Eligible Homeowners who have been cited by the City's Inspection Services Division, under Title 25 of the Mobile Home Park Act (the "Act"), or any other applicable legislation or local codes, shall be eligible to participate in the Program (only units built after 1980 6 P:\Agmdas\Agcnda Anachments\Agmu_Amend 2007\06-04-07 NHS SF Agreement - Amendment No. ..doc e e e are eligible for the grant program). This requirement will ensure that only those owners requiring work under the Act, or other laws, are assisted prior to all others, provided that the homeowner meets all other Program criteria. 3. CONTRACTOR shall determine income eligibility for all homeowners participating in the Mobile Home Grant Program and shall ensure that no homeowner's income exceeds the 80% median income for the San Bernardino County (Exhibit "A") area. The improvements allowed under the Program are described below in item "D" of this Scope of Services. * Income limits are subject to annual renewal. D. Elil!ible Improvements Permitted under the Prol!ram The foltowing types of improvements are permitted, but not limited to: I. Loan Program: Roof replacement; exterior and interior pamtmg, including lead remediation; landscaping (automatic sprinklers and grass seed); window replacement; carpet replacement and/or flooring; heating and air system replacements; electrical work; sewer repair or sewer installation; termite repairs; exterior concrete flatwork such as sidewalks, driveways, curbs, gutters, hand railings; door or window screens; tub, shower, toilet repairs or replacements; foundation or structural repairs; fencing, installation of alternative energy sources, solar panels, etc. The Maximum Loan permitted under the Program is Fifty Thousand Dollars ($50,000) per property. 2. Grant Program: Roof replacement; exterior pamtmg including lead remediation; landscaping including automatic sprinklers, grass seed and planting materials in accordance with Agency Landscaping Guidelines; parkway enhancements such as stamped concrete, trees and landscape plantings; window replacement; driveway repairs or replacements; garage door replacement; wrought iron, vinyl, wood or block fencing. The Maximum Beautification Grant permitted under the Program is Fifteen Thousand Dollars ($15,000) per property. 3. Mobile Home Grant Program: Improvements include but are not limited to: Roof replacement (metal, aluminum, composition shingle, including carports and awnings); replacement of siding and skirting, patios and porches, stair units (carpet and handrails), carport columns, water heaters, heater units, Evaporator cooler units, ceilings paneling (interior), flooring repair and coverings (health and safety concern), handicap fixtures and units, appliances (limited to stovetops, wall ovens, exhaust hoods), doors and windows. The Maximum Grant permitted under the Program is Five Thousand Dollars ($5,000) per unit. E. Applicant Elil!ibilitv Requirements for the Prol!ram I. Qualified Homeowner must be an owner occupant for a minimum period of one (I) year; on a case-by-case basis, and depending on the circumstances, this requirement may be waived by the Executive Director of the Agency or hislher designee; the CONTRACTOR shall obtain evidence of ownership and length of residency. 2. Qualified Homeowner must complete a Program Application (See Exhibit "D" as an example) and meet the applicable income criteria (See Exhibit "A"). 7 P:\Agendas\Agenda Anachmcnts\AgmU-Amend 2001\06-04-07 NHS SF Agreemenl . Amendment No. I.doc e e e 3. All Qualified Homeowners must agree to attend a Maintenance Class conducted by the CONTRACTOR; to sign and notarize a Maintenance Covenant and agree to live in their home for not less than one (1) year following recordation of the Maintenance Covenant. F. Guidelines: The CONTRACTOR shall conduct the Program in accordance with the following guidelines: I. The CONTRACTOR shall administer and implement the Program herein and shall utilize the applicable and pertinent sections of the Economic Development Agency's (EDA), Rehabilitation Loan and Grant Policies and Procedures Manual for guidance on processing and packaging all loans and grants under this Agreement, if applicable under the direction of the Executive Director of the Agency. 2. The CONTRACTOR shall process Program Applications on a first-corne, first-served basis. However, in case of emergency, or life threatening situation, the CONTRACTOR may process an application on an urgent basis, subject to approval by the Executive Director of the Agency. 3. The CONTRACTOR shall inspect eligible properties to determine the type of health and safety and code violation repair work needed, including asbestos and lead-based paint removal, the age and overall condition of the unit and to ensure that all units rehabilitated or improved under the Program when completed are aesthetically pleasing and in compliance with local, state and federal ordinances and laws. 4. The CONTRACTOR shall prepare and complete work write-ups, cost estimates, and bid packages for the improvements for each property. 5. The CONTRACTOR shall ensure that all work performed on the Qualified Homeowner's home is performed by pre-qualified State licensed contractors. The CONTRACTOR shall also require that any contractor performing work under the Program possess a current business license in the City and has a current license with the State of California Contractor's License Board. The CONTRACTOR shall be required, whenever feasible, to obtain a minimum of three (3) bids for all work performed. All work performed by contractors shall be approved and authorized by the Qualified Homeowner, and shall be completed within a specified timeframe acceptable to Qualified Homeowner and contractors. 6. The CONTRACTOR shall solicit bids for the rehabilitation work from a list of pre- approved general contractors and assisting Qualified Homeowners with the selection of a contractor, and the execution of the contract between owner and contractor, including the Scope of Work and Schedule of Performance; schedule and conduct pre-construction and walk-through conferences, etc. 7. The CONTRACTOR shall inspect and monitor the rehabilitation work while in progress and supervise the payment invoice procedures to ensure that all contractors and subcontractors are meeting obligations and that progress payments and retentions are paid in a timely manner. 8 P:\AJendas\Agcnda Attachrncntli\Agmu-Arnend 2007\06-04.01 NHS SF Agreement - Amendment No. I.Me . 8. The CONTRACTOR shall coordinate final inspection and payment of the contract retention with the Qualified Homeowner and contractor. 9. The CONTRACTOR shall maintain accurate records for inspection by the Agency concerning income and program occupancy of all persons obtaining assistance from the CONTRACTOR pursuant to this Agreement including, but not limited to, application, proof of ownership, income verification, comparables or appraisals, work write-ups, contracts, promissory notes, deeds of trust, etc. The original promissory note and deed of trust shall be for the benefit of the Agency and shall be transmitted to the Agency, upon request, for each loan. 10. The CONTRACTOR shall also provide quarterly reports to the Agency, or as necessary, upon the request of the Executive Director of the Agency. .Prom time-to-time, the Agency and the CONTRACTOR shall coordinate inspection site VISits to ensure that the work being performed on a Qualified Homeowner's home is being performed in a good workmanlike manner and in accordance with applicable codes (DBC, UPC, UMC, NEC and Health and Safety) and City Ordinances. II. The CONTRACTOR shall provide any and all services required by the Executive Director of the Agency or hislher designee, in order to effectively implement and complete the Services under this Agreement. III III . III III III III III III III III III III III III III . III 9 P:\Agendas\Agcnda Attachmcnts\AgrmlS-Amcnd 2007\06-04-07 NHS SF Agreenw;nI- Amendment No. I.doc EXHIBIT "D" . THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY Single-Family Beautification Mobile Home Loan/Grant Program Application Owner Name(s) Property Address City Zip Code Mailing Address (If Different Than Above) Telephone Number Alternate Telephone Number Years at Residence Number of Units Number of Bedrooms Tenant's Name( s) . Telephone Number Lease Expiration Date Monthly Rent Ust all persons living in residence including yourself and children six years and under who spend a significant amount of time in the home. Total Annual Income 10 P:\Agendas\Agenda AttachmenlS\Agmu_Ammd 2007\06.04-07 NHS SF Agrccmcnl - Amendment No. I.doc 120% Median Income 2007 Income Limits 3 4 5 8 49 700 ELIGIBLE IMPROVEMENTS: Please check as many as needed. An Agency/NHS Inspector will determine improvements based on grant funding, evident need, program guidelines, and code, health and safety issues. o Roof Replacement o Lead Remediation o Exterior Painting o Landscaping/Automatic Sprinklers o Fencing o Other o Driveway/Concrete Replacement o Window Replacement o Security Lighting o Garage Door Replacement o Solar Panels ETHNICITY: o Sr. Citizen (62 and Older) 0 Disabled o White 0 Black/African American 0 Asian 0 American Indian/Alaskan Native o Native Hawaiian/Pacific Islander 0 American Indian/Alaska Native & White o Asian & White 0 Black or African American & White 0 Hispanic 0 Other Multi-Racial ee undersigned property owner(s) declare under penalty of perjury that the information provided above and statements contained in this application are true and correct. The applicant is advised that fictitious fraudulent statements provided by the applicant are a violation of both state and federal law and could result in criminal prosecutions. I authorize the Agency or NHSIE to examine and verify any and all information provided in this application. I hereby certify that I am the owner of the subject property described above and I do hereby authorize the City of San Bernardino Economic Development Agency and/or its local agents to conduct an inspection on the subject property for the presence of lead based paint and to perform an assessment of any lead related health risk. I understand that the inspection and risk inspection will be conducted by a State Certified Inspector/Risk Assessor and will be conducted in accordance with protocols established by the State Department of Housing and Urban Development (HUD). I further understand that the inspection and assessment services as well as a report of any finding and recommendations will be provided to me at no cost. Property Owner Date Property Owner Date HUD Median: Parcel #: 11 P:\Agendas\Agenda Attaehments\Agnms-Amend 200'NJ6..04-07 NHS SF Agreemenl- Amendment No. I.doc e e e REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO SINGLE-FAMILY HOME IMPROVEMENT LOAN AND BEAUTIFICATION GRANT PROGRAM Apolication Instructions & Checklist You are applying for a grant and/or loan. Anyone living in the household must be listed on the application. Fill in all blanks as they apply to you. If necessary, you will be contacted to clarify the information. Please remember to sign at the bottom (homeowners: anyone who is on the title). Your personal information is kept confidential within the organization and the City. Please provide us with the following information as it applies to you. o Property Ownership 1. Copy of current mortgage statement. 2. Copy of current year property tax bill 3. Copy of property insurance statement Social Security Card(s) 1. Enclose copies for all individuals residing in the home Evidence of Income 1. Copies of 2 most recent pay stubs 2. Evidence of alimony or child support, if received 3. Copy of most recent Federal tax return o Evidence of Government Assistance o o If you receive any of these benefits, please enclose a copy of the document which applies: 1. Statement of benefits for SSI, SSP, or AFDC 2. Statement of unemployment or disability benefits 3. Statement of pension or retirement benefits o Bank Statement 1. Enclose copies of current (2 months) checking and/or savings account statements (all pages) If you need help in completing the application or have questions, please call NHSIE, Rehab Division, at (909) 884-6891. Si usted necesita ayuda para completar esta aplicacion, favor de lIamar a NHSIE. Nuestros empleados hablan espano\. NHSIE is a private, non-profit corporation authorized by the Redevelopment Agency of the City of San Bernardino to administer their Program. NHSIE is a General Contractor (License #B-74583I). 12 P:\Agendas\Agenda Attachments\AgmU-Amend 2007\06.04-07 NHS SF Agreement. Amcndmcnl No. I.doc