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HomeMy WebLinkAboutR26 EDAECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Ronald E. Winkler SUBJECT: SINGLE FAMILY REHABILITATION Development Director PROGRAM - OUTSOURCING SERVICES, PHASE II DATE: October 13, 1998 ORIGINAL ---- - - - - -- Synopsis of Previous Commission /Council/Committee Action(s): On April 20, 1998, the Community Development Citizen Advisory Committee (CDCAC) completed the process of reviewing project proposals and developing project recommendations for the Fourth Year Action Plan component of the 1995 -1999 Consolidated Plan. On May 11, 1998, the Mayor and Common Council approved and adopted the CDCAC's recommendation for the Fourth Year Action Plan. On July 13, 1998, the Redevelopment Committee recommended approval to forward a request to the Council to outsource a portion of the Single - Family Rehabilitation Program to a private lending institution. Recommended Motion(s): (Mayor and Common Council) MOTION: That the Mayor and Common Council authorize the issuance of a one -year contract, in the forms substantially as attached, with Neighborhood Housing Services of the Inland Empire, Inc. (NHS) for home improvement loan processing, home improvement project management, and a Handyworker Grant Program and set -aside $607,500 overall, from the Single - Family Rehabilitation Loan Program for this effort. Contact Person(s): Project Area(s) Ronald E. Winkler/ Norma J. Owens All Phone: 5081 Ward(s): One - Seven (1 -7) Supporting Data Attached: 0 Staff Report ❑ Resolution(s) x❑ Agreement(s) /Contract(s) ❑ Map(s) ❑ Letter/Memo FUNDING REQUIREMENTS SIGNATURE: Amount: $ 607,500 Source: 1998 CDBG Line of Credit Budget Authority: sdel, Executive irector Ronald . Winkler, Director Development AAency Development Department REW:lag:10- 19- 04.cdc COMMISSION MEETING AGENDA Meeting Date: 11/16/19%98 /1 Agenda Item Number: RAG_ G REQUEST FOR COMMISSION /COUNCIL ACTION Single Family Rehabilitation Program Outsourcing October 26, 1998 Page Number -2- ------------------------------------------------------------------- Synopsis of Previous Commission /Council/Committee Action(s) Continued: On September 21, 1998, the Mayor and Common Council approved the outsourcing, Phase I, of a portion of the Single - Family Rehabilitation Program to First Federal Savings and Loan. On September 28, 1998, the Redevelopment Committee recommended approval to forward a request to the Council to outsource a Phase II portion of the Single - Family Rehabilitation Program to Neighborhood Housing Services of the Inland Empire, Inc. --------------------------------------------------------------------------------------------------------------------------------------------------- REW:1ag:10- 19- 04.cdc COMMISSION MEETING AGENDA Meeting Date: 11/16/1998 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Single Family Rehabilitation Program - Outsourcing Services, Phase II In an ongoing effort to adapt to Agency staffing changes, while continuing to meet the demands for certain programs offered by the Agency, a Phase II Outsourcing of housing program activities is being proposed. In Phase I, approved by the Redevelopment Committee on July 13, 1998, and will be considered by the Community Development Commission on October 5, 1998, FHA -Title I rehabilitation loans will be processed and administered by First Federal Savings and Loan Association. Community Development Block Grant (CDBG) funds, allocated to the Single - Family Rehabilitation Loan Program, were used to write -down the interest rate on home improvement loans, for eligible low- and moderate - income households. In Phase II, the Agency proposes to accommodate those homeowners who may not meet the lending criteria under the FHA -Title I Program, but may have sufficient equity in their owner - occupied single- family unit to allow for a rehabilitation loan. Also in Phase II, the Agency proposes to establish a Handyworker Grant Program to allow for minor, exterior repairs to owner - occupied units. The entity proposed to implement Phase II is Neighborhood Housing Services of the Inland Empire, Inc. (NHS). As a local agency, NHS has experience in the housing field related to loan processing and rehabilitation project management, etc. The one (1) year contract, for each component, would authorize the following projects: 1. Rehabilitation Loan Processing Fees $7,500 (30 Loans Projected) (30 @ $250 per loan) 2. Rehabilitation Loans and Project $500,000 Management Costs (includes $75,000 in project management (30 Loans Projected) costs) 3. Handyworker Grants and Project $100,000 Management Costs (Includes cost allowances for $5,000 maximum (15 Grants Projected) grants, $100 processing fee per grant and hourly labor rate of $50 per hour) The operation of the rehabilitation loan processing and work management will be undertaken and completed in accordance with the established Rehabilitation Loan Policies and Procedures Manual. The total amount for the three contracts will be $607,500, with approximately $85,000 of the total to be expended for project management costs. REW:lag:10- 19- 04.cdc COMMISSION MEETING AGENDA Meeting Date: 11/16/1998 Agenda Item Number: /? �( Economic Development Agency Staff Report Single - Family Rehabilitation Loan Program October 13, 1998 Page Number -2- ------------------------------------------------------- Considering the above, it is recommended that the Mayor and Common Council authorize the one (1) year contract, substantially as attached, with NHS for $607,500, overall, in CDBG funds. tz RONA E. WINKLER, Director Development Department REW:1ag:10- 19- 04.cdc COMMISSION MEETING AGENDA Meeting Date: 11/16/1998 Agenda Item Number: AV l� t COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT FOR CAPITAL IMPROVEMENT/REHABILITATION PROJECTS THIS AGREEMENT is entered into effective as of the I" day of November 1998, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City ", and Neighborhood Housing Services of the Inland Empire, Inc., a nonprofit community service organization, referred to as "Subrecipient ". City and Subrecipient agree as follows: 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1996/1997 from funds available through the U.S. Department of Housing and Urban Development - Community Development Block Grant (CDBG) Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Rehabilitation Loan Processing which is a valid and eligible community development purpose, as defined in 24 CFR, Part 570 in accordance with federal law and regulations, and that all funds granted under this Agreement will be used for no purpose other than those purposes specifically authorized. The specific purpose and scope of services of this particular grant are set forth in Exhibit "A ", attached hereto and incorporated into this Agreement as though fully set forth herein. (c) Subrecipient will comply with applicable uniform administrative requirements, as described in 24 CFR, Part 570.502. (d) Subrecipient will carry out each activity, program and/or project in compliance with all federal laws and regulations as set forth in 24 CFR, Part 570, with the following exceptions, (i) the Subrecipient does not assume the environmental responsibilities of the City as described in 24 CFR, Part 570.604; (ii) the Subrecipient does not assume the Grantee's responsibilities for initiating the review process under Executive Order Number 12372. (e) Subrecipient will comply with the requirements set forth in the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal regulations when attempting to or acquiring any building or parcel of land. Subrecipient will be required to obtain written approval from the Director of the Development Department of the Economic Development Agency (EDA) of the City of San Bernardino, the administrative entity appointed by the City, referred to as "Director" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. PAClerical Services Dept\Norma\Misc \CI Agmt 96- 212B.doc Proj #: 96 -212B Rev. 2/27/97 2. PAYMENTS 1 City shall reimburse Subrecipient for allowable costs, if applicable, incurred under the scope of this Agreement and applicable federal regulations, which have not been paid, on, Subrecipients behalf. Reimbursement will be made at least on a monthly basis, with the total of all such payments and/or reimbursements not to exceed Seven Thousand, Five Hundred and 00 /100 Dollars ($7,500). 3. TERM This Agreement shall commence November 1, 1998, and terminate October 1, 1999. The Agency Executive Director of the EDA is hereby authorized, with the concurrence of the other parties to this Agreement, to extend for a period not to exceed ninety (90) days, in order to complete the project(s) and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used by it solely for the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance with the program budget submitted by Subrecipient to EDA for review and approval, a copy of which is attached to this Agreement as Exhibit "B ". The comprehensive budget, included in the application, shall list all sources of funding for the program covered by this Agreement, whether from State, Federal, local or private sources, and shall identify which sources are paying for which specific portions of the program, by line -item, to the extent practicable. (b) No travel expenses for out -of -state travel shall be included in this program unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from funds provided hereunder shall be specifically identified as travel expense, which shall be negotiated between the Director, or designee, and Subrecipient as listed in the budget. Any travel expenses incurred by Subrecipient above the budgeted amount or for out -of -state travel shall not be eligible for reimbursement unless the prior written approval of the Director, or designee, has been obtained. (c) Funds shall be used for purposes authorized by the Community Development Block Grant Program only, and no portion of the funds granted hereby shall be used for any purpose not specifically authorized by this Agreement. (d) Subrecipient shall be allowed, with the prior written approval of the Director, to modify the budget during the first three (3) quarters of the term of this Agreement, so long as Subrecipient is in compliance with Section "2" of this Agreement at the time of submission of the budget modification request. A variation in the itemization of costs as set forth in the proposed budget submitted to EDA, not to exceed ten PAClerical Smices Dept\Norma\Misc \CI Agmt 96- 212B.doc 2 Proj #: 96 -212B Rev. 2/27/97 percent (10 %) shall be allowed, provided that the prior written approval of the Director is obtained, it being understood that the total amount of the grant shall not be varied thereby. (e) The parties intend that grant funds be utilized within the time period covered by this Agreement, and entitlement to any funds not expended or obligated shall revert to the City. No reserve for the future shall be'established with the fund except as may be authorized to meet commitments made for services provided during the period of this Agreement, but not yet paid for at the conclusion of this Agreement. (f) Subrecipient shall remain in compliance with all state, federal and local laws prior to the receipt of any reimbursement hereunder. This includes, but is not limited to, all laws and regulations relative to the form of organization, local business licenses and any laws and regulations specific to the business and activity carried out by Subrecipient. Reimbursement shall not be made to Subrecipient which is not operating in compliance with all applicable laws. Reimbursements may be subsequently paid, at the direction of the Director of the Development Department of EDA for reimbursement costs incurred during the period when compliance is achieved before expiration of this Agreement. 5. ACCOUNTING; AUDIT (a) Prior to the final payment under this Agreement, and at such other times as may be requested by the Director of the Development Department of EDA, Subrecipient shall submit to the Director an accounting of the proposed and actual expenditures of all revenues from whatever source accruing to the organization for the fiscal year ending June 30, 1999 and 2000. (b) Financial records shall be maintained by Subrecipient in accordance with Generally Accepted Accounting Principles, and in a manner which permits City to trace the expenditures of funds to source documentation. All books and records of Subrecipient are to be kept open for inspection at any time during the business day by the City, its officers or agents, and by any representative of the United States Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. (c) Standards for financial management systems and financial reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be fully complied with by Subrecipient. Subrecipient acknowledges that the funds provided are federal funds. (d) Subrecipient's financial management system shall provide for accurate, current and complete disclosure of the financial results of each program sponsored by this Agreement. It is the responsibility of Subrecipient to adequately safeguard all assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. PAClerical Services Dept\Norma\Misc \Cl Agmt 96- 212B.doc 3 Proj #: 96 -212B Rev. 2/27/97 (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS• MONITORING AND REPORTING PROGRAM PERFORMANCE. The services of Subrecipient shall be made available to residents and inhabitants of the City of San Bernardino unless otherwise noted in Exhibit "A ". No person shall be denied service because of race, color, national origin, creed, religion, sex, marital status, or physical handicap. Subrecipient shall comply with Affirmative Action guidelines in its employment practices. Subrecipient shall also monitor the program's activities and submit written reports quarterly, or more often if requested, to the Director of the Development Department, in accordance with 24 CFR, Part 85.41 (c)(d) and Part 85.21. Failure to provide such quarterly performance reports may prevent the processing by City of Subrecipient's requests for reimbursement, and may justify temporary withholding as provided for in Paragraph "11" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the Director of the Development Department that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 7. PROCUREMENT PRACTICES• CONFLICT OF INTEREST Subrecipient shall comply with procurement procedures and guidelines established by 24 CFR, Part 85.36 (d)(1), Subrecipient Procurement Standards ". In addition to the specific requirements of 24 CFR, Part 85, Subrecipient shall maintain a code or standards of conduct which shall govern the performance of its officers, employees or agents in contracting with and expending the federal grant funds made available to Subrecipient under this Agreement. Subrecipient's officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors. To the extent permissible by state law, rules, and regulations, the standards adopted by Subrecipient shall provide for penalties, sanctions or other disciplinary actions to be applied for violations of such standards by either the Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted, to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non - competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement. 8. ANTI KICK BACK PROVISIONS; EOUAL EMPLOYMENT OPPORTUNITY All contracts for construction or repair using funds provided under this Agreement shall include a provision for compliance with the Copeland "Anti -Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides 4 Proj #: 96 -212B P: \Cluiwl Services DeptWormaUvtisc \CI Agmt 96- 212B.doc Rev. 2/27/97 that each contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he /she is otherwise entitled. Subrecipient shall report all suspected or reported violations to City. All contracts in excess of $10,000.00 entered into by Subrecipient using funds provided under this Agreement shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order Number 11246, as amended and 24 CFR, Part 135, Section 135.38. 9. PREVAILING WAGE REQUIREMENT Any construction contracts awarded by Subrecipient using funds provided under this Agreement in excess of $2,000.00 shall include a provision for compliance with the Davis - Bacon Act [40 U.S.C. 276(a) to 276(a)(7)) and as supplemented by Department of Labor Regulations (29 CFR). Under this act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. Subrecipient shall report all suspected or reported violations to City. 10. APPROVAL OF CITY OF ANY CHARGES; USE OF PROGRAM INCOME wr (a) City hereby requires Subrecipient to notify the City in writing, of its intent to charge a fee for any service, the provision of which is assisted pursuant to the Agreement. City requires Subrecipient to obtain the prior written approval of City for any charges or fees to be charged by Subrecipient for such services, and of any rules and regulations governing the provision of services hereunder. (b) Program income represents gross income received by the Subrecipient directly generated from the use of funds provided hereunder. Such earnings include interest earned on advances and may include, but will not be limited to, income from service fees, sale of commodities, usage and rental fees for real or personal property using the funds provided by this Agreement. As to such income, it shall be first applied to eligible program activities, before requests for reimbursement and, in the use, shall be subject to all applicable provisions of this Agreement. Income not so applied shall be remitted to City. Subrecipient shall remit all unspent program income to the City within thirty (30) days subsequent to the end of the program year, if applicable. 11. TEMPORARY WITHHOLDING The Director of the Development Department of the EDA is authorized to temporarily withhold the payment of funds to Subrecipient when the Director determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Director. Subrecipient shall have the right to appeal the decision of the Director to the Mayor and Common Council. The sole grounds for such appeal shall be that no violation of the Agreement has occurred. Subrecipient shall file such P: \Clerial Services I)ept\Norma\Misc \CI Agmt 96- 212B.doc 5 Proj #: 96 -212B Rev. 2/27/97 appeal within fifteen (15) days after such first withholding. The Mayor and Common Council shall set a date for the hearing of such appeal which is within thirty (30) days following the date of filing. 12. RECORDS RETENTION Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this Agreement shall be retained by Subrecipient for a period of three (3) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claim or audit findings involving the records, have been fully resolved. Records for non - expendable property acquired with federal funds provided under this Agreement shall be retained for three (3) years after the final disposition of such property. 13. PROPERTY MANAGEMENT STANDARDS Non - expendable personal property, for the purposes of this Agreement, is defined as tangible personal property, purchased in whole or in part with federal funds, which has useful life or more than one (1) year and an acquisition cost of one - thousand dollars ($1,000.00) or more per unit. Real property means land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment. Non - expendable personal property and real property purchased with or improved by funds provided under this Agreement shall be subject to the property management standards set forth in 24 CFR, Part 85.32. 14. TERMINATION FOR CAUSE (a) City reserves the right to terminate this Agreement in accordance with 24 CFR, Part 85.43, and any and all grants and future payments under this Agreement, in whole or in part, at any time before the date of completion of this Agreement whenever City determines that the Subrecipient has materially failed to comply with the terms and conditions of this Agreement. In the event City seeks to terminate this Agreement for cause, City shall promptly notify the Subrecipient in writing of the proposed termination and the reasons therefore, together with the proposed effective date. Subrecipient shall be given an opportunity to appear before the Mayor and Common Council at the time at which the Mayor and Common Council are to consider such recommended termination, and shall be given a reasonable opportunity to show cause why, if any exists, the Agreement should not be terminated for cause. Upon determination by the Mayor and Common Council that the contract should be terminated for cause, notice thereof, including reasons for the determination, shall promptly be mailed to the Subrecipient, together with information as to the effective date of the termination. Such notice may be given orally at that hearing. The determination of the Mayor and Common Council as to cause shall be final. 6 Proj #: 96 -212B P: \Clerical Services Dept\NortnaVvtisc \CI Agmt 96- 212B.doc Rev. 2/27/97 (b) In the event of any termination whether for cause or for convenience, Subrecipient shall forthwith provide to the Development Department of EDA any and all documentation needed by the Development Department of EDA to establish a full record of all monies received by Subrecipient and to document the uses of same. 15. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement in whole or in part provided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expenditure of funds. In such event, the parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. City shall allow Subrecipient full credit for the City's share of the non - cancelable obligations properly incurred by the Subrecipient prior to termination. 16. REVERSION OF ASSETS Subrecipient agrees that upon expiration of this Agreement, the Subrecipient shall transfer to the City any and.all CDBG funds not used at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Subrecipient agrees that any real property under its control, which was acquired or improved, in whole or in part, with CDBG funds in excess of $500.00 shall either, (i) be used to meet one (1) of the three (3) national objectives as set forth in 24 CFR, Part 570.208 until five (5) years after expiration of the Agreement or such period of time as determined appropriate by the City, or; (ii) is disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditure of, or improvement to, the property by Subrecipient. Such reimbursement is not required after the period of time specified in 'T' above. 17. CDBG REQUIREMENTS FOR PROPERTIES OWNED BY A RELIGIOUS ENTITY Subrecipient agrees to all conditions and requirements set forth in 24 CFR, Part 570.483, Section (6) (ii) (A) (B) (C) (D) (E) (F) (G) regarding the use of CDBG funds for the rehabilitation of a building(s) owned primarily by a religious entity. In particular, Subrecipient is apprized of and agrees to the following: A. The leased premises will be used exclusively for secular purposes available to persons regardless of religion; B. The portion of the cost of any improvements that also serve a non - leased part of the building will be allocated to and paid for by the Lessor; PAClerical Services Dept\Norma\Misc \Cl Agmt 96- 212B.doc 7 Proj #: 96 -212B Rev. 2/27/97 C. The Lessor will be required to enter into a binding agreement stating that unless the Lessee (Subrecipient), or a qualified successor Lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the Lessor will pay to the Lessee (Subrecipient) an amount equal to the residual value of the improvements. D. The Lessee (Subrecipient) must remit the amount received from the Lessor as indicated above to the City from which the CDBG funds were received. 18. HOLD HARMLESS Subrecipient agrees to indemnify, save and hold harmless the City and the Development Department and their employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losses, however occurring, or damages, arising or growing out of the use of or receipt of funds paid under this Agreement and all operations under this Agreement. Payments under this Agreement are made with the understanding that the City and the Development Department are not involved in the performance of services or other activities of the Subrecipient. Subrecipient and its employees and agents are independent contractors and not employees or agents of City and the Development Department. 19. AMENDMENT This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. NOTICES All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: AS TO CITY: AS TO SUBRECIPIENT: Ronald E. Winkler, Director Development Department Economic Development Agency 201 North "E" Street, Suite 301 San Bernardino, California 92401 P: \Clerical Services Dept\Norma\Misc \CI Agmt 96- 212B.doc Edward F. Moncrief, Executive Director Neighborhood Housing Services of the Inland Empire Inc 1390 North "D" Street San Bernardino California 92405 Proj #: 96 -212B Rev. 2/27/97 22. EVIDENCE OF AUTHORITY kw-� Subrecipient shall provide to City evidence in the form of a certified copy of minutes of the governing body of Subrecipient, or other adequate proof, that this Agreement has been approved in all its detail by the governing body of the Subrecipient, that the person(s) executing it are authorized to act on behalf of Subrecipient, and that this Agreement is a binding obligation on Subrecipient. 23. CERTIFICATION OF ASSURANCE Subrecipient shall comply with the program requirements attached hereto as Exhibit "C ", which are incorporated by reference as though fully set forth at length and made a part of this Agreement by execution of all certifications and assurances of the CDBG program. 24. ENTIRE AGREEMENT This Agreement and any document or instrument attached hereto or referred to herein integrates all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement, and any such document or instrument, the terms and conditions of the Agreement shall prevail. 25. NO THIRD PARTY BENEFICIARIES No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. //// //// //// Proj #: 96 -212B P: \Clerical services Dept\NortnaVvtisc \CI Agmt 96- 212B.doc 9 Rev. 2/27/97 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first herein above written. CITY OF SAN BERNARDINO JUDITH VALLES, Mayor City of San Bernardino ATTEST RACHEL CLARK, City Clerk City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney NJO:Iag:C[ AGMT- 98 -212C Executive Director /CEO President of the Board Secretary n ' IG 10 #: 98-212C Rev. �t`7 1i Rev. 2127197 r, '\ EXHIBIT A rSCOPE F SERVICE S (Description of Activities) SCOPE OF SERVICES nds will be used to process and close rehabilitation loan applications from eligible ner occupied single - family housing residents of the City under the Single - Family habilitation Program. 2. A processing fee of $250 will be paid per transaction, on a reimbursable basis, after the disposition of an application. 3. The total cost for the services under this agreement shall not exceed $7,500. PAClerical Services Dept\Norm&\Misc \CI Agmt 96- 212B.doc It Proj #: 96 -212B Rev. 2/27/97 0 EXHIBIT B NIA Project Schedule Proposed Date " of Completion Actual Date of Completion Planning Concepts Design & Engineering Advertisement for Bids Bid Open Award of Contract Begin Construction 50% Construction Complete Construction Project Completion P: \Clericzl Services Dept\Norma\Misc \C1 Agmt 96- 212B.doc 12 Proj #: 96 -212B Rev. 2/27/97 i EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Edward F. Moncrief, Executive Director , of the (Name and Title of Official) Nei hborhood Housin Services of the Inland Empire, Inc. located at (Name of Agency /Organization) do hereby 1390 North "D" Street San Bernardino CA 92405 y (Address of Agency /Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Neighborhood Housing Services of the Inland Empire, Inc. and the (Name of Agency /Organization) City of San Bernardino: a) Certify that the information booklet for CDBG Program requirements has been read and understood, and b) Assure that the Neighborhood Housing Services of the Inland Empire, Inc. will (Name of Agency /Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature of Official Date P: \Clerical Services Dept\Norma\Misc \CI Agmt 96- 212B.doc 13 Proj #: 96 -212B Rev. 2/27/97 ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO INTER - OFFICE MEMORANDUM TO: Rachel Clark City Clerk FROM: Norma J. Owens, Development Specialist Housing & Community Development SUBJECT: EXECUTED AGREEMENT - COUNCIL MEETING 11/16/98, ITEM #26 DATE: December 10, 1998 COPIES: File Attached, for City execution, are the agreements with Neighborhood Housing Services of the Inland Empire, Inc., (NHS). Please note, three certified copies are needed for our office once the agreement has been signed. Also, we will take responsibility for providing NHS with their file copy. Should you have any questions regarding this matter, please contact me at (909) 384 -5081. N30:1ag:12- 10- 02.njo Attachment