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HomeMy WebLinkAbout22-Community Development C' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 " / RESOLUTION NUMBER RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN ESCROW SERVICES AGREEMENT FOR THE RENTAL REHABILITATION PROGRAM BETWEEN THE CITY OF SAN BERNARDINO AND COMMUNITY DEVELOPMENT FINANCIAL CORPORATION. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreement for escrow services for the city's Rental Rehabilitation program with Community Development Financial Corporation, a copy of which agreement is annexed hereto as Exhibit "1" and is incorporated herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the and Common"Cou.ncil of the City of San Bernardino at a meeting thereof, held on the day of I 1987, by the following vote, to wit: AYES: Councilpersons NAYES: ABSENT: City Clerk 27 28 II II /'/1 P"I';" -)- L2. 12/1/87 . C' - - -- - - ...~~'" - - - ..../ The foregoing resolution is hereby approved this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 day of Approved as to legal form and content: .10_ '1' It't:""",-- /j City Attorney l/ KJH/lab/0615 12/1/87 , 1987. Page -2- Mayor, City of San Bernardino -_...~,-- - - - - . c '"", ) '- ~.1 1 2 3 ESCROW SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND COMMUNITY DEVELOPMENT FINANCIAL, INCORPORATED. This agreement is made and entered into this day of 4 , 19___ by and between the City of San 5 Bernardino, a public body in the State of California (herein 6 called "City"), and COMMUNITY DEVELOPMENT FINANCIAL, CORPORATION, 7 a private financial institution, (hereinafter "Contractor") 8 incorporated in and doing business under the laws of the State of 9 California. 10 WITNESSETH 11 WHEREAS, City has established within its Community 12 Development Department a Rental Rehabilitation Program and other 13 property rehabilitation program(s), hereinafter collectively 14 called "Program", funded with Federal and/or State funds in order 15 to upgrade deteriorated property, revitalize neighborhoods and 16 improve the living conditions of the city's residents. 17 WHEREAS, the city wants to maximize the benefit to be 18 achieved with the Program by using its public SUbsidy monies to 19 increase the availability of private rehabilitation dollars. 20 WHEREAS, the City will negotiate with certain owners of real 21 property identified and determined to be eligible by the City who 22 will undertake the rehabilitation, and if appropriate, 23 refinancing of said property. 24 WHEREAS, City desires to engage the Contractor to render 25 services in connection with loans made by City for improvements 26 within the areas served by City; and 27 WHEREAS, the Contractor represents that it is qualified to 28 perform services under this contract. -]- 12/1/87 EXHIBIT "I" - - - - . c " ) 1 NOW, THEREFORE, THE PARTIES HERETO DO HEREBY MUTUALLY AGREE 2 AS FOLLOWS: 3 1. Term. This agreement shall commence immediately upon 4 execution and shall terminate on December 1, 1988, unless 5 otherwise extended by mutual agreement of the parties. 6 2. Compensation. 7 (a) All compensation shall be as set forth in the 8 schedule of fees attached hereto as Exhibit "B" and by this 9 reference made a part hereof. 10 (b) "Contractor" shall submit to the Community 11 Development Department monthly billings for service performed in 12 the prior month. Community Development Department shall 13 thereafter take action to obtain the payment of such billings 14 within twenty (20) days following date of submittal. 15 (c) Community Development Department shall have ten (10) 16 days following date of receipt of any billing within which to 17 challenge any amount contained therein and to provide notice, in 18 writing, to Contractor of such challenge. The determination of 19 the Director of Community Development shall be final as to any 20 questions raised hereunder. The Contractor shall have right of 21 appeal to the Mayor and Common Council pursuant to the provisions 22 of Chapter 2.64 of the San Bernardino Municipal Code. 23 3. Scope of Services and Obliqations. When and as requested 24 in writing by City, the Contractor shall provide Rental 25 Rehabilitation Cash Management escrow and related services for 26 property improvements in connection with loans made by the City 27 to homeowner and/or residential property owners (hereinafter 28 "Borrowers") for the expansion or improvement of their property. 12/1/87 -2- ~~ - , / 1 Service shall include, but shall not be limited to, the areas 2 listed below. 3 (a) Cash Manaqement Depositorv Services. The Contractor 4 shall establish a separate Rental Rehabilitation depository 5 account with a local financial institution of Contractor's choice 6 for receipt and deposit of funds received from HUD. Funds shall 7 be received via automatic transfers as required under the HUD 8 Cash Management System and disbursed without delay by Contractor 9 to payees upon receipt of the proper disbursement authorizations 10 from the city. Although checks will be drawn payable to various 11 payees, the Contractor shall deliver all such checks to City for 12 ultimate distribution. 13 (b) Account Activation and Fund Disbursement Services. 14 1. Upon loan approval City shall send the 15 Borrowers's private sector loan proceeds or other non-Rental 16 Rehabilitation city funds and completed Control Instructions to 17 the Contractor. The Control Instructions shall include the 18 following data: 19 a) Owner(s) name. 20 b) Contractor(s) name. 21 c) Job site address. 22 d) Dollar amount of funds being escrowed along 23 with the participation breakdown in dollar amounts of non-Rental 24 Rehabilitation and Rental Rehabilitation program funds. 25 e) Instructions on how funds are to be 26 disbursed. 27 28 f) Original signature(s) of owner(s) and City representative or agent. 12/1/87 -3- ,~ , ~ 1 2. When, and as, requested in writing by City, the 2 Contractor shall provide check disbursements to parties 3 designated by City in connection with loans made by the City or 4 its agent for community development. All such checks shall be 5 forwarded to City for distribution. 6 3. Written instructions shall be in the form of a 7 Disbursement Authorization containing information regarding the 8 amount of disbursement, the parties to be paid, and shall contain 9 original signatures of City representatives authorized to request 10 disbursements. 11 4. Each Disbursement Authorization submitted by the 12 City to the Contractor shall indicate what portion of the 13 disbursement is to be drawn from non-Rental Rehabilitation funds 14 and what portion to be drawn from Rental Rehabilitation funds. A 15 copy of the HUD Rental Rehabilitation payment voucher shall be 16 sent to Contractor by City along with the Disbursement 17 Authorization in cases where monies are to be drawn from Rental 18 Rehabilitation funds (unless Section 3, Subsection (d) (4) of 19 agreement applies). 20 5. Upon receipt of Disbursement Authorization and 21 HUD payment voucher (if required), the Contractor shall identify 22 and verify the payment authorization as follows: 23 a) Amount requested is available (including any 24 necessary HUD automatic transfer deposits as indicated by the 25 submitted HUD payment voucher). 26 b) Owner(s) signature(s) is/are the same as on 27 the original escrow instructions. 28 c) City representative(s) signature(s) is/are 12/1/87 -4- - - - /..-.... '-' ~..., ....j,.,l 1 the same as on the original escrow instructions or on an approved 2 signature list of those representatives having the authority to 3 authorize disbursements. 4 6. If there is any delay in the Contractor receiving 5 HUD automatic transfers, then at the City's request, the 6 Contractor shall draw available monies from project non-Rental 7 Rehabilitation funds to pay without delaying Rental 8 Rehabilitation drawdown requests. The Contractor shall then 9 reimburse the non-Rental Rehabilitation fund drawdowns when HUD 10 funds transfers are received. 11 7. Upon proper verification, the Contractor shall 12 prepare a check(s) for the amount shown on the payment 13 authorizations and shall send the check(s) to city, which shall 14 distribute the check(s) to the payees named therein. At the 15 request of City, Contractor shall hold a retention fund for up to 16 thirty (30) days after recording of the Notice of Completion with 17 the appropriate County Recorder. 18 (c) HUD Rental Rehabilitation/Cash Manaqement Compliance 19 Accountinq. 20 1. As required under HUD guidelines, Contractor 21 shall maintain separate escrow accounting records of non-Rental 22 Rehabilitation and Rental Rehabilitation funds. Separate 23 accounting records for non-commingled non-Rental Rehabilitation 24 and Rental Rehabilitation program funds will show receipt, 25 disbursement and running balance entries for each project. 26 Accounting information and records will be available to the City 27 at all times during normal business hours for review by any 28 authorized representative of city during project rehabilitation 12/1/87 -5- - - - - .. C / --- ) ....... ......) 1 and a complete report will be submitted to the City at project 2 completion. 3 2. At the beginning of each project, the Contractor 4 shall forward to HUD Central the project Pre-Rehabilitation 5 Report upon completion by city. 6 3. upon receipt of disbursement authorization and a 7 copy of HUD payment voucher, the Contractor shall forward voucher 8 to HUD Central prior to the next request for Rental 9 Rehabilitation Program funds. Copies of such payment voucher as 10 well as any disbursement authorization will be kept by Contractor 11 in a permanent project file. 12 4. Contractor shall submit a copy of the monthly 13 reconciliation of program activity to HUD Central as required 14 under HUD Rental Rehabilitation guidelines. 15 5. Contractor shall submit Project Completion Report 16 to HUD Central within ninety (90) days of rehabilitation 17 completion and will retain a copy of the report in a permanent 18 project file. 19 (d) Additional HUD Rental Rehabilitation Administrative 20 Compliance Services. 21 1. Upon receipt of Control Instructions from City, 22 Contractor shall contact HUD Central Office of Administration to 23 set up new Rental Rehabilitation project account. The Contractor 24 will be authorized with the proper HUD security clearance to gain 25 access to HUD's Cash Management Information System required to 26 set up new projects and request drawdowns. The Contractor will 27 transmit to HUD Central the information required to have the 28 appropriate amount of Rental Rehabilitation funds allocated for 12/1/87 -6- ... c "-' " j ! 1 the proj ect . 2 2. Upon receipt of a Disbursement Authorization from 3 City, the Contractor shall contact HUD Central to make the 4 appropriate drawdown request of Rental Rehabilitation fund monies 5 as authorized by city. The Contractor shall submit the required 6 project data (i.e., project number, voucher number, amount of 7 request, type of draw, dates of construction, etc.) to obtain 8 drawndown approval. 9 3. Approved drawdowns will be automatically 10 transferred by HUD Central to Contractor's depository account and 11 disbursed by Contractor upon receipt per Section 3(b) of this 12 Agreement. 13 4. Also upon receipt of a Disbursement Authorization 14 from city, the Contractor shall prepare a payment voucher for the 15 amount requested from the Rental Rehabilitation fund. Payment 16 vouchers required by HUD as a written fOllow-up document to the 17 drawdown request will be assigned a document number and will be 18 submitted to HUD in sequential order for accountability. 19 (e) Reconciliation of Rental Rehabilitation Deposit 20 Activitv. 21 1. The Contractor shall prepare a monthly 22 reconciliation of HUD's monthly bank disbursement report with the 23 Rental Rehabilitation depository account activity for all HUD 24 automatic transfers and disbursements. A Rental Rehabilitation 25 depository statement of account along with copies of deposit 26 receipts, payment vouchers, and checks will be attached to the 27 reconciliation statement. 28 2. The Contractor shall submit the prepared monthly 12/1/87 -7- (. r'~ '-' , ".) ) 1 reconciliation to City as well as HUD Central, each month. 2 (f) Maintenance of Permanent Pro;ect Filers). 3 1. Contractor shall compile all pertinent project 4 data into a permanent file for city and HUD auditing. Each 5 project file shall contain copies of all deposits, checks, 6 payment vouchers, Disbursement Authorizations, pre-rehabilitation 7 and project completion reports and separate accounting statements 8 of non-Rental Rehabilitation and Rental Rehabilitation fund 9 activity. 10 2. As required by HUD, project files will be 11 prepared to show that: 12 a) At no time was there a commingling of Rental 13 Rehabilitation funds with private or other City funds. 14 b) At no time did draws on Rental Rehabilitation 15 funds exceed draws on non-Rental Rehabilitation funds. 16 (g) Computer Accountinq Services. The Contractor shall 17 supply to City a monthly computer print-out of all transactions 18 completed to date and the balance remaining in each account. 19 (h) Maintenance of Files and Availabilitv of Data. 20 Contractor shall maintain records of all accounts established 21 under the provisions of this Agreement for a period of five (5) 22 years after the closing of each account. Contractor shall, upon 23 request and within thirty (30) days of such request, make 24 available all records, financial and otherwise, dealing with its 25 activities performed pursuant to the provisions of this Agreement 26 to authorized auditors and monitors of City and of the U.S. 27 Department of Housing and Urban Development (HUD). 28 4. citv Commitments/Responsibilities. 12/1/87 -8- l ....... ......,"' ......) ) 1 (a) The City agrees to conduct intake to determine 2 program eligibility based on established ownership, location and 3 income criteria, and the level of benefit, and otherwise ensure 4 that the applicants meet local, state, and Federal requirements 5 for participation. 6 (b) The city agrees to prepare all specifications (work 7 write-ups and cost estimates) for proposed rehabilitation work. 8 (c) The City agrees to assist the property owner in 9 finding a building contractor and evaluate the building 10 contractor's proposal to determine its adequacy and compliance 11 with program specifications and cost reasonableness. 12 (d) City agrees to submit the completed application 13 package including income and employment verifications (financial 14 and construction information) to Contractor. 15 (e) city agrees to conduct a loan closing and to obtain 16 Borrower(s) signature(s) on all necessary loan documents and to 17 arrange for all notarial acknowledgements, returning all 18 documents to the Contractor. 19 (f) The City agrees to supervise construction, assure the 20 improvements are completed by the building contractor in a 21 workmanlike manner, authorize progress payments and certify 22 construction completion. 23 (g) The City agrees to make available rehabilitation 24 subsidy funds in a sufficient amount to make private financing 25 for the Borrower financially feasible. 26 5. Equal Opportunitv. 27 (a) The Contractor will not discriminate against any 28 employee or applicant for employment because of his or her race, 12/1/87 -9- .. - - - ... "~ l - r."...\ '-' ,I 1 religion, creed, national origin, ancestry, physical handicap, 2 medical condition, marital status, or sex. The Contractor will 3 take affirmative action to ensure that employees are treated 4 during employment, without regard to their race, religion, creed, 5 color, national origin, ancestry, physical handicap, medical 6 condition, marital status, or sex. Such treatment shall include, 7 but not be limited to, the following: employment, upgrading, 8 demotion, transfer, recruitment, recruitment advertising, layoff, 9 termination, rates of payor other form of compensation and 10 selection for training, including apprenticeship. The Contractor 11 agrees to post in conspicuous places, available to employees and 12 applicants for employment, notices to be provided by the Local 13 Public Agency setting forth the provisions of this 14 nondiscrimination clause. 15 (b) The Contractor will, in all solicitation or 16 advertisements for employees placed by or on behalf of the 17 Contractor, state that all qualified applicants will receive 18 consideration for employment without regard to race, religion, 19 creed, color, national origin, ancestry, physical handicap, 20 medical condition, marital status, or sex. 21 (c) The Contractor will cause the foregoing provisions to 22 be inserted in all subcontracts for any work covered by this 23 contract so that such provisions will be binding upon each 24 subcontractor, provided that the foregoing provisions shall not 25 apply to contracts or subcontracts for standard commercial 26 supplies or raw materials. 27 6. Representations. As an inducements to the execution of 28 this agreement, the Contractor represents and agrees that it has 12/1/87 -10- .' - - - - . ',..... ) v I. '-' 1 and will continue to have adequate and proper facilities and 2 personnel to perform the services and work agreed to be performed 3 by it hereunder, that it is duly qualified by law to perform such 4 services and work, and that it has not emloyed any person to 5 solicit or procure this agreement, and has not made and will not 6 make, any payment or any agreement for the payment of commission, 7 percentage, brokerage, contingent fee or other compensation in 8 connection with the procurement of this Agreement. 9 7. Termination of Services. 10 (a) In the event of breach of any condition or provision 11 hereof, City shall have the right, by prior written notice to the 12 contractor, to terminate its employment hereunder and cancel this 13 Agreement and have the work called for herein otherwise 14 performed, without prejudice to any other rights or remedies of 15 the city. City shall have the benefit of such work as may have 16 been completed up to the time of such termination and with 17 respect to any part which shall have been delivered to and 18 accepted by City, there shall be an equitable adjustment of 19 compensation. 20 (b) Irrespective of any default hereunder, city may also, 21 at any time at its discretion, terminate this agreement, in whole 22 or in part, by giving the Contractor thirty (30) days prior 23 written notice thereof and in such event, the Contractor shall be 24 entitled to receive compensation specified herein for all work 25 completed and accepted prior to such thirty (30) days written 26 notice of partial or complete cancellation, an equitable 27 adjustment shall be made, as compensation to the Contractor for 28 all work performed to the date of such partial or complete 12/1/87 -11- - - - .-. . ( !' . '-' ... \ I .~ 1 cancellation, but not yet delivered to city. The Contractor at 2 its discretion may terminate this agreement, in whole or in part, 3 by giving City thirty (30) days prior written notice. 4 (c) In the event of any termination, whether pursuant to 5 Subsection "1" or "2" above, Contractor shall forthwith provide 6 to city any and all documentation needed by City to keep the 7 program operating without undue interruption, and shall cooperate 8 fully with city and all Borrowers to transfer any funds still 9 held by Contractor any other escrow agency or depository 10 established by agreement of City and Borrowers. Termination of 11 the Agreement notwithstanding, the requirement set forth herein 12 shall continue until Contractor has made a complete transfer to 13 City or its Agent of all documentation related to any 14 transactions entered under this Agreement. 15 8. Additional Terms and Conditions. 16 (a) Contractor and City may, from time to time, request 17 amendments and/or modifications to this Agreement. Such 18 amendments and/or modifications, which are mutually agreed upon 19 by and between Contractor and City shall not take effect until 20 incorporated as written amendments to this Agreement. 21 (b) City shall indemnify and hold harmless Contractor, 22 and/or its Agents, against all claims and damages, alleged or 23 otherwise, of whatsoever nature arising out of, or in any way 24 connected with, the acts of omissions of any building contractor 25 erforming rehabilitation work in connection with this Agreement, 26 rovided however, that City'S obligation under this paragraph 27 shall not extend to negligent or willful acts or omissions by 28 contractor, all contractors shall operate as independent 12/1/87 -12- I. ,.- ........ ....j 1 contractors and nothing herein is intended to affect such 2 independent contractor status. 3 (c) The City and Contractor shall comply with all 4 applicable statutes, regulations and ordinances including the 5 Federal Truth in Lending Act and Regulation "Z" thereto, the 6 Consumer Credit Reporting Act, the Equal Credit Opportunity Act 7 and Regulation "B" thereto, Title I, the Housing and Community 8 Development Act of 1980 (P.L. 96-399), Title XXIV, Housing and 9 Urban Development, Part 570, Community Development Block Grant, 10 Title VI, civil Rights Act of 1964 and Title VIII, the civil 11 Rights Act of 1968. 12 (d) Any notices of other communications required or 13 permitted to be given to City or Contractor under this Agreement 14 will be deemed given if delivered personally or sent by certified 15 or registered mail, postage prepaid, return receipt requested, 16 addressed as follows: 17 18 19 As to citv As to Contractor 20 21 Director of Community Development City Hall Building, Fifth Floor 300 North "D" street San Bernardino, California 92418 Community Development Financial Corporation 1620 Eye Street, N.W. Suite 508 WaShington, D.C. 20006 (e) This Agreement and any document or instrument 22 attached hereto or referred to herein integrates all terms and 23 conditions mentioned herein or incidental hereto, and supercedes 24 all negotiations and prior writings in respect to the subject 25 matter hereof. In the event of conflict between the terms, 26 conditions or provisions of this Agreement, and any such document 27 or instrument, the terms and conditions of this Agreement shall 28 prevail. 12/1/87 -13- ,- , "-' -..,.,./ 1 (f) This Agreement shall not be assigned by Contractor 2 without prior written consent of city. 3 (g) Contractor is acting as an independent contractor, 4 and not as an employee of the city. In the performance of 5 services pursuant to the provisions of this Agreement, Contractor 6 shall not be supervised, directed, or under the control of 7 authority of any city officer or employee, except and to the 8 extent as may be expressly or implicitly required by the terms 9 and provisions of this Agreement. Any direction or control so 10 required under this Agreement shall be limited to broad 11 objectives or goals of the project or program to be accomplished 12 and not to the details and procedures to accomplish such 13 objectives or goals. 14 (h) No Third Partv Beneficiaries of Aqreement. All 15 provisions herein are for the protection of City, its officers, 16 agents, employees, contractors, and invitees. No third party 17 beneficiaries other than as specifically named herein are 18 contemplated under any provision of this agreement, nor is it the 19 intent of this agreement to create any right in same. 20 21 22 23 24 25 26 27 28 IIII IIII 12/1/87 -14- ( c :J / 1 9. Conclusion. IN WITNESS WHEREOF, the parties hereto set 2 their hands as seals by and through their duly authorized 3 officers, as of the date first above written. 4 By: By: 5 city Authorized Official Lender Authorized 6 7 (Title) (Title) 8 9 Approved as to form 10 and legal content: 11 , , 7 / 12 By: /, , ;::~. I .J 1;! ~ _~"'-~ d city Attorney // 13 , L/ Ilab 14 0607 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12/1/87 -15-