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Contract Number 3306
HOUSING & URBAN DEVELOPMENT (US GOVERNMENT)
Rehab Loan Program - CDBG
CDBG
GOV File Class LEG 12-1
$
06/07/1991
12/31/2005
02/15/2007
GL $
AL $
E&O $
Insurance Total $
Insurance Review Date
Inactive
Vault 01/01/2007
Exhibit 13-I
I-1
AG~R~EI~T FOR PUBLIC BODIES PARTICIPATING IN THE
SECTION 312 I~EHABILITATIONLOANPROGRAM
PART I - LOAN PROCESSING
THIS AGREEMENT has been executed and entered into by and between The
City of Bremerton (hereinafter referred to as the "Public Bo~y"), and the
United States of America, acting by and through the Secretary of Housing and
Urban Development (hereinafter referred to as the "Secretary") for effect on
the date specified in Section 7 below.
IN CONSIDERATION OFTHEIRMUTUALCOVENANTS, PROMISES, AND REPRESENTATION
CONTAINED HEREIN, THE PARTIES DO AGREE AS FOLLOWS:
Section 1. PURPOSE OF AGREEMENT
The Public Body has responsibility and jurisdiction to carry out the
local Community Development Block Grant (CDBG) Program, with resources
provided in part by the Secretary pursuant to applicable regulations,
policies and requirements. In connection with such Program(s), this
Agreement authorizes the Public Body to process, and to submit to the
Secretary with the Public Body's recommendation to approve, applications by
private property owners for rehabilitation loans under Section 312 of the
Housing Act of 1964, as amended (42 U.S.C. 1452b, hereinafter referred to as
"Section 312 loans"). This Agreement delineates the legal relationship
between the Secretary and the Public Body with respect to the making of such
loans. Ail Public Bodies authorized to process Section 312 loans for the
Secretary's approval shall execute this PART I; Public Bodies which are also
authorized to approve certain Section 312 loans on behalf of the Secretary
shall in addition separately execute PART II-LOCALLOANAPPROVAL, which shall
be deemed incorporated by reference in this Agreement after its execution by
the parties thereto.
Section 2. COMPLIANCE WITH PROGRAM REOUIREMENTS
In carrying out loan processing or approval activities under this
Agreement, the Public Body shall comply with all applicable laws (including
Section 312), the Secretary's Section 312 regulations at 24 CFR Part 510, all
other applicable Federal regulations, this Agreement, and the Secretary's
additional requirements policies, and procedures in the Section 312
Rehabilitation Loan Pr~_r~m~andbook (HUD-7375.01 REV-2), the Cash Management
System Notice (CPD ~J-~ and any applicable successor or additional
issuances (hereinafter collectively referred to as "Program
Requirements").
Exhibit 13-1 I-2
Under this Agreement, and in accordance with such Program Requirements, the
Public Body's loan processing duties generally include, but are not limited
to, the following:
a. Accepting Section 312 inquiries and initially screening
prospective borrowers to check whether they may qualify for a Section
312 loan;
b. Assisting prospective borrowers in completing the HUD applications
forms;
c. Obtaining and verifying information on the prospective borrower's
credit, finances and property.
d. Inspecting the property that is the subject of a Section 312
application and assuring that work write-ups and cost estimates are
prepared in accordance with Program Requirements.
e. Assisting the prospective borrower to obtain a contractor.
f. Determining whether the prospective borrower, his or her
property, and the proposed work meet the eligibility requirements of the
Section 312 Rehabilitation Loan Program;
g. Determining whether the borrower is an acceptable credit risk, and
certifying the loan to HUD as approvable under all Program Requirements,
which includes certifying that the rehabilitation is a part of, or is
necessary or appropriate to the execution of, a CDBG Program;
h. Arranging for loan settlement, including assuring that the loan is
made using the appropriate HUD loan documents, correctly completed;
i. Conducting construction inspections, requesting loan
disbursements from HUD on behalf of the borrower, using such
disbursements to make progress and final construction payments to the
borrower (or to the contractor on behalf of the borrower), and assisting
in resolving disputes concerning construction, in accordance with the
Program Requirements; and
j. Implementing the other requirements of the Cash Management System
Notice (CPD 86-13 or successor issuance);
The foregoing brief enumeration of the Public Body's duties shall not be
construed to expand, define or limit the duties of the Public Body described
in the Program Requirements. In the event of any conflict between the
foregoing description and the Program Requirements, the Program Requirements
shall be controlling.
Exhibit 13-I I-3
SECTION 3. EFFECT OF PUBLIC BODY'S FAILURE TO COMPLY
a. Government Actions Aaainst Public Bodies. The Secretary reserves
the right to take administrative, corrective or remedial action, in
accordance with Section 9 of this Agreement, against a Public Body which
fails to comply with the Program Requirements. This Agreement sets forth
only the Secretary's administrative remedies under the Section 312 Program,
and nothing in this Agreement shall be construed as either expanding or
limiting any otherwise available civil or criminal actions by the United
States or the Secretary against the Public Body, or any employee or
contractor of the Public Body, whether or not acting within the scope of
their authority.
b. Actions by Government Aaainst Borrower or Third Parties. The legal
rights of the Government and a borrower with respect to any Section 312 loan
are controlled by the loan documents executed with respect to that loan.
Nothing in this Agreement shall be construed to impair the rights of the
United States or the Secretary to collect a Section 312 loan in accordance
with the 10an documents, or to take any otherwise available civil or criminal
action against a borrower or any third party in connection with a Section 312
loan.
c. Actions~¥Borrower or Third Parties A~ainst Government. The Public
Body acts as an independent contractor and not as the Secretary's agent in
performing its functions under this Agreement. As stated in the
Rehabilitation Loan Agreement between the Secretary and each borrower, the
Secretary accepts no legal responsibility to the borrower to supervise the
Public Body in performing any function under the Section 312 Program.
Although the Secretary mandates under the Program Requirements that the
Public Body undertake certain functions in processing, approval, settlement
and disbursement of Section 312 loans, the Secretary does so for the
financial benefit of the United States and in furtherance of national program
objectives, not for the direct benefit of the individual borrower. The
failure of the Public Body properly to perform any of the Program
Requirements shall not create or justify any claim against the Secretary on
the part of a Section 312 borrower, or any other person (including any
rehabilitation contractor or supplier or a tenant in an assisted property),
and it shall not constitute grounds for the borrower or any third party to
contest the validity of any Section 312 loan processed or approved by the
Public Body under this Agreement.
d. Action by Borrower or Third Parties Aqainst Public Body. The extent
of liability, if any, of the Public Body to the borrower or any third party
with respect to any function performed by the Public Body under this
Agreement or the Program Requirements shall be determined in accordance with
applicable State and local law. Nothing in this Agreement shall be construed
to mandate liability, or create a cause of action of any kind, by the
borrower or any third party against the Public Body or by the Public Body
against the borrower.
Exhibit 13-I I-4
e. Defend and Hold Harmless. Notwithstanding any other provision of
this Agreement, including Section 3.c. above, the Public Body will warrant,
defend and hold harmless the Government with respect to any and all claims
and losses caused by its failure to comply with the Program Requirements or
the requirements of applicable State and local law in its processing or
approval of Section 312 loans under this Agreement, or in the subsequent
settlement and administration of loans.
SECTION 4. PROGRam4 ~DMINISTRATION AND RECORD-KEEPING
a. The Public Body agrees that it will, at all proper times, provide or
cause to provide competent and adequate architectural, engineering,
financial, legal and other technical skills needed in administering the
Section 312 Program, complying with the Program Requirements, and supervising
and inspecting rehabilitation work financed by Section 312 loans processed or
approved under this Agreement. The Public Body may retain employees to carry
out its duties under this Agreement, or (as permitted by State and local law)
it may enter into one or more services contracts with individuals or private
nonprofit or for-profit organizations, including financial institutions, to
perform all or any of its functions in connection with the Section 312 Loan
Program, except for loan approval. If any such contract for services is
funded in whole or in part by CDBG funds pursuant to 24 CFR 570.202(b)(9) or
570.206, all applicable requirements of 24 CFR Part 570 apply to the
selection of the contractor (if selected by the Public Body, rather than a
borrower) and the performance of the services rendered under the contract, as
further explained in the Program Requirements. If any such contract for
services will be funded with Section 312 funds by inclusion of an amount in
an approved loan to compensate the contractor for the contractor's services,
the contractor (if selected by the Public Body, rather than borrower) shall
be selected in accordance with Section 6-5.b. of the current Section 312
Rehabilitation Loan Program Handbook, or comparable provisions of any
successor issuance, in addition to all other requirements flowing from the
use of Section 312 funds, such as equal opportunity and minority and women's
business enterprise requirements. Notwithstanding the existence of any such
contract for services, HUD will hold the Public Body responsible for
compliance with the Program Requirements, as fully as if the Public Body
itself had performed the contracted services. Wherever the term "Public
Body" is used in this Agreement, it includes any of the Public Body's
employees or contractors who perform services related to the Section 312
Program.
b. The Public Body shall keep and maintain full and accurate books and
records with respect to its administration of the Section 312 Loan Program.
At a minimum, "full and accurate books and records" shall include the
specific items, which shall be retained for the specific periods, set forth*
in Section 13 2.h. of the current Section 312 Rehabilitation Loan Program
Handbook, or comparable provisions of any successor issuance.
Exhibit 13-I I-5
c. The Public Body shall, at any time during normal business hours, and
as often as the Secretary or the Comptroller General of the United States may
deem necessary, permit the Secretary or Comptroller General or their
representatives to inspect, make excerpts or transcripts of, copy, and audit,
any and all of its books and records related to the Section 312 Program.
d. The Public Body shall arrange for audit of its activities under this
Aqreement as provided by Section 13-2.j. of the current Section 312 Handbook,
or comparable provisions of any successor issuance. *
SECTION 5. MAKING AND TERMINATING LOAN OBLIGATIONS
a. Upon receipt of the documentation required by the Program
Requirements to be submitted to the Secretary for loan approval, the
Secretary will review the loan for compliance with all such Requirements and
will advise the Public Body whether or not the loan is approved by sending
the Public Body written notification of loan approval followed by one or more
validated copies of the approved application. Until both the written
notification and validated application(s) are received, the Public Body is
not authorized to advise any potential borrower that his or her loan
application has been approved by the Secretary. The Secretary is not legally
committed to make a Section 312 loan to any borrower until the written
notification of approval is sent to the Public Body after recordation of the
loan obligation by the applicable HUD Regional Accounting Division.
b. After notification of loan approval as described in Section 4.a.
above and before loan settlement (closing), the Secretary and/or the Public
Body may cancel an approved Section 312 loan only for the following reasons:
(i) Failure of the borrower and the Public Body to pay the required
application fee and any escrow amounts, provide any necessary
Supplemental Financing, and close the loan in accordance with the
Program Requirements and within the time period specified (see
Paragraphs 2-32.b. and 9-1 to 9-5 of current Handbook, HUD-7375.01 REV-
2, or comparable provisions of any successor issuance);
(ii) The loan is canceled with the consent of the borrower pursuant to
procedures in the above-cited Handbook or any successor issuance (see
Paragraphs 9-7 of current Handbook);
(iii) The loan is rescinded by a borrower in accordance with Truth-in-
Lending procedures (see Paragraph 9-2.d. of current Handbook, or
comparable provisions of any successor issuance);
(iv) Any reason stated in Paragraphs 6.a. (5) through (8) of the
Rehabilitation Loan Agreement required to be executed between the
borrower and the Secretary at loan closing (see Exhibit 9-11 to the
Exhibit 13-1 1-6
above cited Handbook), or comparable provisions in any successor form of
Agreement.
c. After loan settlement, the Secretary and/or the Public Body may
cancel or terminate the loan only for the reasons set forth in Paragraph 6 of
the Rehabilitation Loan Agreement between the Secretary and the borrower with
respect to the approved loan.
SECTION 6. RIGHTS UNDER OTHER CONTRACTS
The rights of the parties under this Agreement shall be in addition to,
and not in derogation of, the rights of the same parties under the separate
contract for Federal assistance for any of the Public Body's Programs
described in Section 1 hereof.
SECTION 7. EFFECTIVE DATE AND TERM OF AGREEMENT
a. This Agreement shall take effect on June 7, 1991 or on the date of
its execution by the last of the parties hereto to execute this Agreement,
whichever date is later.
b. This Agreement shall remain in effect until suspended or terminated
in accordance with Section 8 or 9 of this Agreement. As long as this
Agreement is in effect, the Public Body may process and submit Section 312
loans to the Secretary for approval, subject to the availability of Section
312 funds for obligation.
SECTION 8. VOLUNTARY SUSPENSION OR TERMINATION
a. Suspension at Public Body Request. Whenever the Public Body
believes that it lacks the capacity to process or approve loans in accordance
with the Program Requirements, as applicable, it shall give the Secretary
notice that it is temporarily suspending both Parts I and II of this
Agreement, or only Part II of this Agreement, as applicable. In addition,
the Public Body may, in its discretion, give the Secretary notice for any
other reason that it is temporarily suspending Parts I and II, or Parts II
only, at any other time. Any such suspension shall be effective immediately
when sent or at any later time specified by the PUblic Body, up to thirty
(30) calendar days after the notice is sent, provided that the Secretary may
require the Public Body to continue under Part II for a specified period, not
to exceed sixty (60) days, in order to accommodate the additional loan
approval workload if the Public Body has elected to suspend its functions
only under Part II of this Agreement. After a suspension at the Public
Body's request under this Section 8.a., the suspended functions under this
Agreement may not be reinstated except with the written consent of both
parties.
b. ~ Parts I and II of this Agreement, or Part II only,
shall terminate without any further action by either party hereto after
twelve (12) consecutive calendar months of suspension, unless earlier
terminated for cause or convenience by the Secretary.
Exhibit 13-I I-7
In addition, the Public Body may give the Secretary notice that it is
terminating this Agreement at any time for any reason. Any such termination
shall be effective immediately when sent, provided that the Secretary may
require the Public Body to continue under Part II for a specified period, not
to exceed sixty (60) days, in order to accommodate the additional loan
approval workload if the Public Body has elected to terminate its functions
only under Part II of this Agreement. In addition, if the Secretary should
decide for the convenience of the Government to discontinue permitting Public
Bodies to process and approve, or only to approve, Section 312 loans, the
Secretary may give the Public Body (together with other Public Bodies
participating in the Section 312 Program) notice of termination of Part I and
II, or only Part II, of this Agreement, as of the date specified by the
Secretary.
c. Effect of Suspension or Termination. While Parts I and II of this
Agreement are suspended or terminated under Section 8 or 9 hereof, the Public
Body is not authorized to submit additional loans to the Secretary for
approval, or to approve additional loans, and it shall incur no additional
costs under the CDBG Program for processing or approving Section 312 loans,
unless otherwise specifically authorized in writing by the Secretary.
However, unless otherwise specifically directed by the Secretary in writing,
the Public Body shall continue to take all actions necessary to comply with
the Program Requirements with respect to all loans approved by the Secretary
or the Public Body, as applicable, prior to the notice of suspension or
termination, including the performance or affirmative activities such as
closing approved loans, inspecting properties being rehabilitated, and
requesting disbursement of 10an funds on behalf of the borrower; and it may
continue to incur costs under the CDBG Program (in accordance with all CDBG
requirements) for those continuing loan administration activities. If only
Part II of this Agreement is suspended or terminated under Section 8 or 9
hereof, the Public Body may continue to process and submit loans to the
Secretary for approval, and it may incur costs under the CDBG Program for
that activity (in accordance with all CDBG requirements), but it may not
approve the Section 312 loans under Part II, nor may it incur CDBG Program
costs for that function.
SECTION 9. CORRECTIVE OR REMEDIAL ACTIONS
The Secretary may take corrective or remedial actions against the Public
Body if the Secretary determines, in his or her sole judgment, that the
Public Body has failed to comply with one or more of the Program
Requirements. Prior to initiating any corrective or remedial actions under
Paragraphs c. through j. of this Section, the Secretary shall give the Public
Body thirty (30) days advance notice in writing of the Secretary's specific
findings of noncompliance with Program Requirements and of the proposed
corrective or remedial action(s). The Public Body may submit information to
mitigate or rebut the Secretary's findings during such 30-day period and the
Secretary will consider such information, but the corrective or remedial
action(s) will remain in affect unless modified or withdrawn by the
Secretary.
Exhibit 13-I I-8
Corrective or remedial actions may include one or more of the following:
a. Directing the Public Body to submit additional information on their
Section 312 Loan Program activities and/or progress schedules or other
types of reports;
b. Issuing a letter of warning advising the Public Body of the specific
program deficiency(ies) or further actions which will be taken if the
appropriate corrective action(s) are not taken;
c. Reducing the internal ~{UD Section 312 loan fund assignment (if any)
for the Public Body for the current fiscal year or reducing any such
assignment for the next fiscal year;
d. Suspending Parts I and II, or only Part II, of this Agreement, for
a succeeding fiscal year subject to correction of specific deficiencies
noted by the Secretary (conditional suspension);
e. Requesting the Public Body to voluntarily make local public funds
available to a borrower to complete the rehabilitation of his or her
property where HUD determines that the Public Body's deficient
administration resulted in rehabilitation that did not meet both the
requirements of the rehabilitation contract and reasonable standards of
quality for the work involved;
f. Advising the Public Body that it may no longer process certain
classes of Section 312 loan applications until specific deficiencies in
the processing of such applications are corrected by the Public Body;
provided that the Public Body shall continue to administer already
approved loans of the affected classes unless otherwise specified in
writing by the Secretary;
g. Advising the Public Body that it may no longer approve certain
classes of Section 312 loan applications until specific deficiencies in
the approval of such applications are corrected by the Public Body;
provided that the Public Body shall continue to administer already
approved loans of the affected classes unless otherwise specified in
writing by the Secretary;
h. Giving the Public Body written notice of suspension of Part I and
Part II, or only Part II, of this Agreement for specified cause for a
specified period; provided that such suspension shall have the effect
set forth in Section 8.c. of this Agreement unless otherwise specified
in writing by the Secretary;
i. Giving the Public Body written notice of termination of Part I and
Part II, or only Part II, of this Agreement for specified cause;
provided that such termination shall have the effect set forth in
Section 8.c. of this Agreement unless otherwise specified in writing by
the Secretary;
Exhibit 13-I I-9
j. Declaring an area or a locality ineligible for further Section 312
lending; provided that the Public Body shall continue to administer Section
312 loans already approved in the area or locality unless otherwise specified
in writing by the Secretary.
SECTION 10. ACKNOWLEDGEMENT OF RECEIPT
By causing this Agreement to be duly executed and its seal to be
hereunto affixed and attested, the Public Body acknowledges that it has
received a copy of the current Section 312 Rehabilitation Loan Program
Handbook (HUD-7375.01 REV-2) and the Cash Management System Notice (CPD
Notice 86-13). The Public Body further acknowledges that it will inform the
applicable HUD Field Office, in writing, if there is any change in the Public
Body Contact Person listed in Section 11 of this Agreement, so that the
Secretary may notify the Public Body of any revisions to the Program
Requirements.
SECTION 11. PUBLIC BODY CONTACT
The following is the name, title, address and telephone number of the
primary Public Body contact person. This is the person to whom the Secretary
will direct all notices under this Agreement and all issuances or other
information or requirements from the Secretary concerning the Section 312
Loan Program. The Public Body agrees that it will immediately inform the
Secretary if the name, title, address or telephone number of the Public Body
contact changes.
Carol Dickinson
Name
Development Manaaer
Title
Community Development
Department or Agency
239 4th Street
Street Address or P.O. Box
Bremerton. WA 985~0
City, State and Zip Code
(206) 478--5279
Telephone (Including Area Code)
Exhibit 13-1 1-10
IN WITNESSETH WI4EREOF, the Public Body has caused this Agreement to be
duly executed in its behalf and its seal to be hereunto affixed and attested;
and, thereafter, the Secretary has caused the same to be duly executed in its
behalf on the dates respectively specified below.
(SEAL)
Citv of Bremerton
((Na~t(~'~'lgna°fure)PUbl~/{~~°dY~
Louis Men~Q~
(Name of Public Body Official)
Mavor
(Title)
June 4. 1991
(Date)
ATTEST:
APPROVED AS TO FORM:
UNITED STATES OF AMERICA
Secretary of Housing and
Urban0h~n ~.~''~' Deve 1 o~~.
BY Peters
( Signature )
Regional Director, CPD
(Field Office Manger)
June 7, 199]
(Date)