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Home My WebLink About1999-013 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 RESOLUTION NO. 1999-13 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 98-68 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO MOBILEHOME PARK CORPORATION FOR THE REHABILITATION OF CERTAIN MOBILE HOME PARKS WHEREAS, the City of San Bernardino is a municipal corporation and charter city (the "Cityff) duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City receives funds from the Federal government under the HOME Investment Partnerships Program, codified at 24 CFR Part 92 ("HOME Fundsff) established under the HOME Investment Partnerships Act (42 USC Section 12701, et 17 ~.) (the "HOME Programff); and 18 19 20 21 22 23 24 25 26 27 WHEREAS, pursuant to 24 CFR Section 92.205, HOME Funds may be used by the City to provide incentives to develop and support affordable rental housing and home ownership affordability through the reconstruction or rehabilitation of non-luxury housing with suitable amenities, including site improvements, demolition and other expenses; and WHEREAS, on February 16, 1998, Resolution No. 98-68 28 was adopted, entitled "Resolution of the Mayor and Common - 1 - I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1999-13 Council of the City of San Bernardino, California, Authorizing the Use of HOME Funds for the Rehabilitation of Certain Mobile Home parksH; and WHEREAS, Resolution the 98-68 No. authorizes Redevelopment Agency of the City of San Bernardino (the OAgencyH) to use HOME Funds allocated to the City for rehabilitation of the following mobile home parks in San Bernardino commonly known as: Rancho Meridian located at 2686 West Mill Street; Glen Aire Mobile Estates located at 222 South Rancho Avenue; Sequoia Plaza Mobile Home Community located at 2505 West Foothill Boulevard; Friendly Village located at 2151 West Rialto Avenue; Tropicana Mobile Estates located at 721 East Ninth Street; Orangewood Mobile Estates located at 2160 West Rialto Avenue; Ninth Street located at 780 East Ninth Street; and Pacific Palms located at 2727 East Pacific Street (collectively, the oParksH); and WHEREAS, Resolution No. 98-68 requires the City and the Agency to execute an agreement evidencing the transfer of HOME Funds from the City to the Agency in the amount of Five Hundred Thousand Dollars ($500,000); and WHEREAS, all of the Parks except Rancho Meridian, Glen Aire Mobile Estates and Sequoia Plaza Mobile Home - 2 - . I 1999-13 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conununi ty have been transferred from the Agency to The San Bernardino Mobilehome Park Corporation (the "Subrecipient"); and WHEREAS, Subrecipient is a nonprofit public benefit corporation which was formed for the purpose of lessening governmental burdens by providing assistance to the City and the Agency in its redevelopment efforts to promote economic development and affordable housing and eliminate blighting influences within the City; and WHEREAS, Rancho Meridian, Glen Aire Mobile Estates and Sequoia Plaza Mobile Home Conununity have been transferred from the Agency to The Rancho Meridian Mobilehome Park Corporation, The Glen Aire Mobilehome Park Corporation and The Sequoia Plaza Mobilehome Park Corporation, respectively; and WHEREAS, the City has determined that Subrecipient, rather than the Agency, should undertake rehabilitation of the Parks since the Agency no longer owns any of the Parks; and WHEREAS, Subrecipient has an obligation to provide management and oversight services to the Parks and requires the financial assistance of the City to initiate its rehabilitation activities; and - 3 - I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1999-13 WHEREAS, the City desires at this time to rescind Resolution No. 98-68 and authorize the execution of an agreement by the City with Subrecipient to allocate a portion of the City's HOME Funds to Subrecipient to undertake rehabilitation of the Parks. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Mayor and Common Council hereby rescinds Resolution No. 98 - 68, entitled "Resolution of the Mayor and Common Council of the City of San Bernardino, California, Authorizing the Use of HOME Funds for the Rehabilitation of Certain Mobile Home Parks," adopted February 16, 1998. Section 2. The Mayor and Common Council hereby authorizes assistance to Subrecipient with HOME Funds allocated to the City for the purpose of undertaking a rehabilitation program within the Parks as hereinabove set forth in accordance with the HOME Program in an amount not to exceed Seven Hundred Thousand Dollars ($700,000.00) The award of HOME Funds by the City to Subrecipient shall be evidenced by an agreement executed by the City and Subrecipient in the form attached - 4 - I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1999-13 hereto as Exhibit OA" and incorporated herein by this reference (the OAgreement") Section 3. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the Agreement on behalf of the City together with any changes therein or additions thereto as may be approved by the Mayor and the City Attorney. The Mayor or such other authorized representative of the City is further authorized to do any and all things and take any and all actions, including the execution and delivery of any other agreements, notices, consents, and documents as may be deemed necessary or advisable to effectuate the purposes of the Agreement. III III III III III III III - 5 - . I 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1999-13 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RESCINDING RESOLUTION NO. 98-68 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO MOBILEHOME PARK CORPORATION FOR THE REHABILITATION OF CERTAIN MOBILE HOME PARKS 2 3 4 5 Section 4. 6 the date of its adoption. This Resolution shall take effect upon I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular the ..ll.ti1 day of .T~nll;!lry 1 Council Members: ESTRADA LIEN 3rd Ward Office Vacant SCHNETZ DEVLIN ANDERSON MILLER /3h--- The day of foregoing January Approved as to form and legal content: By:dleJi 6d1 ~if" J Special Counse SBEO/0124/SBMPC/DOC/007 12/16/98 135 ct meeting thereof, held on 1999, by the following vote, to wit: AYES x x NAYS ABSTAIN ABSENT x x x x ~~ .h. rJ.l~ 'ty Clerk hereby approved this Valles, Mayor f San Bernardino - 6 - EXHIBIT "A" HOME FUNDS DISBURSEMENT AGREEMENT cn'-u, (.j _..;;.X~' [TO BE ATTACHED] t/ 000100 0: 1--' - 6jOTo! lor T=> '" OO,O!O 10 N N "'''' '" 0 10 ~ 0 ~!~ OJ '" -I ~ <( , I I . I ..... 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OJ OJ "- '" '" '" '" "', '" '" '" '" '" '" 0. 0 0 '" '" '" '" '" 0 '" '" '" '" '" '" I 0:: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ :< Z ?; ~ ~ ~ ;;:: Z ~ ~ ~ , ~ ;;:: ll.. V '" '" '" V '" '" .... 0 ::::l '" '" '" '" '" ::::l '" '" "'. '" '" '" 0 '" '" '" '" '" '" '" '" '" '" '" ~ u.. ~ ~ ~ ~ u.. ~ ~ ~ ~ ~ ~ z 1999-13 . . .. 'I / ?,X tJ L- /U-. .'. HOME FUNDS DISBURSEMENT AGREEMENT This HOME Funds Disbursement entered into as of this .'/h-t day of between the City of San Bernardino, "City") and The San Bernardino Mob lehome Park California nonprofit corporation ("Subrecipient") ("Agreement") is , 1999, by and corpora tion (the Corporation, a RECITALS WHEREAS, the Department of Housing and Urban Development has allocated funds to the City under the HOME Investment Partnerships Program codified at 24 CFR Part 921 ("HOME Funds") established under the HOME Investment Partnership Act (42 USC Section 12701, et ~.) (the "HOME Program"); and WHEREAS, pursuant to Section 92.205(a), HOME Funds may be used by the City to provide incentives to develop and support affordable rental housing and homeownership affordability through the rehabilitation of non-luxury housing with suitable amenities, including site improvements, demolition and other expenses; and WHEREAS, Subrecipient is a nonprofit public benefit corporation formed for the purpose of lessening governmental burdens by providing assistance to the City and the Redevelopment Agency of the City of San Bernardino (the "Agency") in its redevelopment efforts to promote economic development, provide affordable housing and eliminate blighting influences within the City; and WHEREAS, Subrecipient has requested financial assistance in the amount of Seven Hundred Thousand Dollars ($700,000.00) from the City to undertake a rehabilitation program which would include various improvements deemed eligible under the HOME Program at the following mobile home parks in the City commonly known as: Rancho Meridian located at 2686 West Mill Street, Glen Aire Mobile Estates located at 222 South Rancho Avenue; Sequoia Plaza Mobile Home Community located at 2505 West Foothill Boulevard; Friendly Village loca ted at 2151 West Rial to Avenue; Tropicana Mobile Estates located at 721 East Ninth Street; Orangewood Mobile Estates located at 2160 West Rialto Avenue; Ninth Street located at 780 East Ninth Street; and Pacific Palms located at 2727 East Pacific Street (collectively, the "Parks"); and 'All references herein are to Title 24 of the Code of Federal Regulations unless indicated otherwise. SBEO/0124/SBMPC/DOC/006 1/4/99 gis 1999-13 WHEREAS, financial assistance provided by the City to Subrecipient to undertake improvements under the HOME Program will benefit one thousand one hundred fifty-one (1,151) mobile home units located in the Parks, six hundred ninety-nine (699) of which are occupied by households which meet the income eligibility requirements for assistance under the HOME Program; and WHEREAS, Subrecipient has an obligation to provide management and oversight services to the Parks, all of which are owned by Subrecipient except Rancho Meridian, Glen Aire Mobile Estates and Sequoia Plaza Mobile Home Community; and WHEREAS, Subrecipient requires the financial assistance of the City to initiate its improvements and the City desires to allocate the sum of Seven Hundred Thousand Dollars ($700,000) of the City's HOME Funds to Subrecipient in accordance with the terms and conditions set forth herein. NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. DESIGNATION AS SUBRECIPIENT. The City hereby selects Subrecipient to undertake a rehabilitation program in the Parks consisting of various improvements eligible under the HOME Program upon execution by the City and Subrecipient of a Park Designation Form attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 2. USE OF HOME FUNDS. In order for the City to effectively monitor Subrecipient's performance hereunder, Sub recipient shall fully describe the improvements to be undertaken to improve the physical condition of each Park in accordance with the Scope of Services provided in Section III of the Park Designation Form. A. Eligible Rehabilitation Activities. The HOME Funds disbursed to Subrecipient shall be used solely for the purpose of paying eligible project costs for rehabilitation of the Parks as provided in Section 92.206 including, but not limited to, energy-related repairs or improvements, the abatement of lead-based paint hazards, repair or replacement of major housing systems in danger of failure, improvements necessary to permit use by persons with disabilities and site improvements to the Parks that are in keeping with surrounding standard Parks. Subrecipient agrees that HOME Funds shall only be used in a manner consistent with the HOME Program and may not be used in furtherance of the acti vi ties prohibited by Section 92.214. SBEO/0124/SBMPC!DOC/006 1/4/99 gis 2 1999-13 B. Schedule for Completion. Improvements undertaken by Subrecipient at each Park shall be commenced and completed in accordance with the schedule of performance provided in Section IV of the Park Designation Form. C. Budaet. Subrecipien t shall undertake the rehabilitation program in accordance with the budget provided for each Park in Section V of the Park Designation Form. Subrecipient shall only be reimbursed for those expenditures included in the budget. Budgets may be modified by Subrecipient with the prior written approval of the City. SECTION 3. TERM. This Agreement shall commence on the date first written above and shall continue in full force and effect until January 11, 2001, unless extended by mutual written agreement of the City and Subrecipient or terminated earlier by either party as provided herein (the "Term"). SECTION 4. PROGRAM INCOME. Gross income, if any, received by Subrecipient which is directly generated from the use of HOME Funds as defined in Section 92.2 ("Program Income"), shall not be retained by Subrecipient and shall be remitted to the City upon receipt of such Program Income. SECTION 5. UNIFORM ADMINISTRATIVE REOUIREMENTS. Pursuant to Section 92.504 Ic) (2), Sub recipient shall comply with the requirements of OMB Circular No. A-122 and the following requirements of Part 84: Sections 84.2, 84.5, 84.13 through 84.16, 84.21, 84.22, 84.26 through 84.28, 84.30, 84.31, 84.34 through 84.37, 84.40 through 84.48, 84.51, 84.60 through 84.62, 84.72 and 84.73. SECTION 6. OTHER HOME PROGRAM REOUIREMENTS. Subrecipient shall carry out each rehabilitation activity in compliance with all Federal laws and regulations described in Subpart H of Part 92, except that Subrecipient does not assume the City's responsibilities for environmental review under Section 92.352 and the intergovernmental review process in Section 92.357 shall not apply. Subrecipient shall not, however, commence improvements until Subrecipient receives final written environmental clearance from the City for each Park. Subrecipient shall comply with all such Federal laws and regulations including: A. Eaual Opportunitv. No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination under any activity undertaken by Subrecipient pursuant to this Agreement. In addition, HOME Funds shall be made SBEO/0124/SBMPc/DOC/006 1/4/99 gis 3 1999-13 available in accordance with all laws and regulations provided in Section 92.350(a). B. Disolacement. Relocation and Acauisi tion. Consistent with the goals and objectives of Part 92, the City must ensure that it has taken all reasonable steps to minimize the displacement of persons as the result of a Park assisted with HOME Funds. Although displacement is not contemplated hereunder, Subrecipient agrees to minimize the displacement of persons in accordance with the regulations set forth in Section 92.353. C. Lead-based Paint. Subrecipient hereunder are subject to the provisions set forth in Section 92.355. The activities of testing and abatement D. Conflict of Interest. Subrecipient will comply with the conflict of interest provisions set forth in Section 92.356 as applicable to the procurement of property and services, as applicable. E. Labor. Subrecipient shall comply with all labor provisions set forth in Section 92.354, as applicable. Every contract for rehabilitation work awarded by Subrecipient which will be paid with HOME Funds disbursed to Subrecipient as provided hereunder shall contain a provision requiring the payment of not less than the prevailing wage, as predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 276a-276a-5), to all laborers and mechanics. Such contracts must also be subject to the overtime provisions, as applicable, of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332). SECTION 7. REOUESTS FOR DISBURSEMENT OF HOME FUNDS. Subrecipient may not request disbursement of HOME Funds until such funds are needed for payment of eligible costs under the HOME Program. The amount of each request will be limited to the amount needed by Subrecipient for each Park in accordance with Section II of the Park Designation Form. The City shall reimburse Sub recipient an amount not to exceed SEVEN HUNDRED THOUSAND DOLLARS ($700,000.00) for all costs incurred by Sub recipient for the rehabilitation program undertaken at the Parks. Requests for disbursement of HOME Funds shall be submitted by the President of Sub recipient to the Executive Director of the Agency on behalf of the City for approval. Requests for disbursement shall describe the rehabilitation work completed and payment obligations incurred by Subrecipient in such form as deemed acceptable to the City. Subrecipient shall be SBEO/0124/SBMPC/DocI006 1/4/99 gis 4 1999-13 reimbursed by the City within thirty (30) days of receipt of invoice subject to final approval by the City. SECTION 8. REVERSION OF ASSETS. Upon expiration or termination of this Agreement by either party for any reason, with or without cause, Subrecipient shall transfer to the City any HOME Funds on hand at the time of expiration or termination and accounts receivable, or such other sums and contract rights as Subrecipient may be entitled to receive attributable to the use of HOME Funds. SECTION 9. RECORDS AND REPORTS. Subrecipient shall maintain and provide to the City or the Executive Director of the Agency the following records, reports and documents to assist the City in meeting its record keeping and reporting requirements: a. Financial records, books, supporting documents and all other records pertaining to the use of HOME Funds by Subrecipient. Such records shall be maintained in accordance with generally accepted accounting principles. The City has the right, upon reasonable notice, to inspect the books and records of Sub recipient pertaining to the use of HOME Funds for purposes of performing an audit; b. rehabilitation Agreements executed by Sub recipient to complete the activities designated in the Park Designation Forms; c. Performance reports shall be submitted not less than quarterly to the Executive Director of the Agency describing the rehabilitation activities undertaken by Subrecipient during the preceding quarter pursuant to each Park Designation Form; d. Any reports and records requested by the City or its legal counsel; e. Reports and records Sub recipient is required to maintain under the HOME Program. SECTION 10. ENFORCEMENT OF AGREEMENT. In accordance with Section 85.43, suspension or termination of this Agreement may occur if Subrecipient materially fails to comply with any term of this Agreement. The City has the right to suspend or terminate this Agreement upon fifteen (15) days prior written notice to Subrecipient in the event of breach of any provision of this Agreement. In addition, the City may, in its sole discretion, terminate this Agreement for convenience in accordance with Section 85.44. SBEO/0124/SBMPC/DOC/006 1/4/99 gis 5 1999-13 . SECTION 11. TERMINATION BY SUBRECIPIENT. Sub recipient may terminate this Agreement with or without cause upon sixty (60) days prior written notice to the City. SECTION 12. INDEMNIFICATION. Subrecipient shall defend, indemnify and hold harmless the City and its officers, employees and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including attorneys' fees, for injury or damage of any type claimed, by an individual or entity, whether public or private, as a result of: (i) the acts or omissions of Subrecipient, its officers, employees, agents or contractors arising from or related to performance of the services required hereunder and (ii) failure of Subrecipient, its officers, employees, contractors or subcontractors to comply with the laws and regulations applicable to the HOME Program. SECTION 13. AGREEMENTS WITH CONTRACTORS. Pursuant to Section 92.504(c) (2) (x), Subrecipient shall enter into a written agreement with each contractor performing improvements assisted with HOME Funds hereunder, which agreements shall meet the requirements of Section 92.504. SECTION 14. NOTICE. Notices shall be presented in person or by certified or registered United States mail return receipt requested, postage prepaid or by overnight delivery made by a nationally recognized delivery service to the addresses noted below. Notice presented by United States mail shall be deemed effective the second business day after deposit with the United States Postal Service. This section shall not prevent giving notice by personal service or telephonically verified fax transmission which shall be deemed effective upon actual receipt. Either party may change their address for receipt of written notice by notifying the other party in writing. TO SUBRECIPIENT: The San Bernardino Mobilehome Park Corporation 201 North "EO Street, Third Floor San Bernardino, California 92401 At tn: Sue Morales Phone: (909) 384-5081 Fax: (909) 888-9413 TO CITY: City of San Bernardino c/o The Redevelopment Agency of the City of San Bernardino 300 North "DO Street San Bernardino, California 92418 Attn: Gary Van Osdel, SBEO/0124/SBMPC/DOC/006 1/4/99 gis 6 1999-13 Executive Director Phone: (909) 384-5081 Fax: (909) 888-9413 SECTION 15. ADMINISTRATION OF AGREEMENT. The Executive Director of the Agency shall oversee the rehabilitation activities of Subrecipient and monitor the progress of improvements undertaken by Subrecipient in accordance with Park Designation Forms and the requirements set forth herein. Unless otherwise specified herein, Sub recipient shall refer all decisions required hereunder to the Executive Director of the Agency on behalf of the City. SECTION 16. SEVERABILITY. In the event that anyone or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void or illegal by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any of the remaining phrases, sentences, clauses, paragraphs or sections contained herein. SECTION 17. WAIVER. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. SECTION 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding and agreement of the parties and supersedes all prior understandings, negotiations and agreements with respect to the subject matter hereof. SECTION 19. AMENDMENT. This Agreement may be amended at any time by a written instrument signed by the parties hereto. SECTION 20. ASSIGNMENT. In no event shall Subrecipient assign this Assignment without the prior written consent of the City, which consent may be withheld in its sole discretion. SECTION 21. ATTORNEYS' FEES. In the event that either party hereto shall institute any action or proceeding to enforce the terms hereto or declare rights hereunder, the prevailing party in such action or proceeding shall be entitled to recover its reasonable costs and attorneys' fees to be paid by the losing party and fixed by the court. SECTION 22. PROVISIONS REOUIRED BY LAW DEEMED INSERTED. Each and every provision of law required to be inserted herein shall be deemed inserted and this Agreement shall be read and enforced as though such provision was included herein. SBEO/0124/SBMPC/DOC/006 114/99 gis 7 1999-13 IN WITNESS WHEREOF, the City and Subrecipient have executed this Agreement as of the date first written above. CITY City of San Bernardino, a municipal Corporation By: APPROVED AS TO FORM: By:~ilcJch~, Special Coun. 1 SUBRECIPIENT The San Bernardino Mobilehome Park Corporation, a California nonprofit corporation ~ By: /~ <~ Teri C:bi, President By: c. ' / Oa .~ Sue Morales, Secretary SBEO/0124/SBMPC/DOC/006 1/4/99 gis 8 SAMPLE ONLY EXHIBIT "A" PARK DESIGNATION FORM Pursuant to that certain HOME Funds Disbursement Agreement by and between the City of San Bernardino, a municipal corporation (the "City") and The San Bernardino Mobilehome Park Corporation, a California nonprofit corporation ("Subrecipient") dated January 11, 2001 (the "Agreement"), Subrecipient is authorized to use HOME funds to cause the rehabilitation of the mobile home park designated below in accordance with the terms and conditions of the Agreement and the scope of services, schedule of performance and budget as outlined below . Section I. Name of Park: Address Section II. Amount of Fund Section III. Scope of Services Section IV. Schedule of Performance Section V. Budget AGREED AND ACKNOWLEDGED: Date: SllEO/Ol24/SBMPc/ooc/006 1/4199 gi5 CITY By: SAMPLE ONLY THE S BERNARD NO MOBILEHOME PARK CO PORATION 9