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HomeMy WebLinkAbout1992-467 1 RESOLUTION NO. 92-467 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 3 DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE HOUSING AUTHORITY OF SAN BERNARDINO COUNTY AND THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO 4 RELATING TO THE DRUG ELIMINATION PROGRAM AT THE JOHNSON COMMUNITY 5 HALL. 6 7 Services Department of the City SECTION 1. The Director of Parks, Recreation and Community of Bernardino is hereby San 8 authorized and directed to execute for and on behalf of said city 9 an agreement with the Housing Authority of San Bernardino County 10 11 12 13 relating to the Drug Elimination Program at Johnson Community Hall, copies of which agreement is attached hereto as Exhibit "All and is incorporated herein by reference as though fully set forth at length. 14 SECTION 2. The authorization to execute the above 15 referenced agreement is rescinded if the parties to the agreement 16 fail to execute it within sixty (60) days of the passage of this 17 resolution. 18 I HEREBY CERTIFY that the foregoing resolution was duly 19 ~dopted by the Mayor and Common Council of the City of San 20 Bernardino at a reuular meeting thereof, held on the 21 010' day of December , 1992, by the following vote, to 22"it: 23 / 241// 251// 261// 27 ~1/12/92 -1- 28 -- 1 RESOLUTION RE: AUTHORIZING AND DIRECTING THE EXECUTION OF AN 2 AGREEMENT BETWEEN THE HOUSING AUTHORITY OF SAN BERNARDINO COUNTY AND THE CITY OF SAN BERNARDINO RELATING TO THE DRUG ELIMINATION PROGRAM AT JOHNSON COMMUNITY HALL. 3 4 COUNCIL MEMBERS: 5 ESTRADA AYES NAYS ----X...- ----X--- ----X--- ----X--- ----X--- ----X--- ~ ABSTAIN ABSENI' 6 REILLY 7 HERNANDEZ 8 MAUDSLEY 9 MINOR 10 POPE-LUDLAM 11 MILLER 12 13 14 15 16 17 18 19 20 ~~r~lerk The foregoing resolution is hereby approved this ~:\\)(\ day of;S) <?_""'~-*:il~.1992. Approved as to form and legal content: 21 JAMES F. PENMAN City ttorney 1 22 By: t- , 2-"t--'-h~-....... 23 24 25 26 27 11/12/92 -2- county&city-u 28 r- 92-467 AGREEMENT FOR DELEGATION OF ACTIVITIES UNDER HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO This agreement entered into as of January 1, 1993, including attached conditions and program guidelines, shall govern all activities of the Drug Elimination Program; financed by the Department of Housing and Urban Development, Special Projects Program, Catalog No. 14-232. Funding period is January 1, 1993 through December 31, 1993. Said activities will be carried out by the CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as "DEPARTMENT", on behalf of the Housing Authority of San Bernardino County, hereinafter referred to as "AUTHORITY." The AUTHORITY and the DEPARTMENT agree as follows: 1. WORK TO BE PERFORMED. The DEPARTMENT shall, in a satisfactory manner as determined by the AUTHORITY, perform all activities for the Drug Elimination Program account as approved in the HUD grant to the AUTHORITY, for the period of January 1 through December 31, 1993. 2. COMPLIANCE WITH THE PROGRAM AS APPROVED. The DEPARTMENT shall conduct the program to comply with funding sources guidelines and requirements; all AUTHORITY requirements and directives and any special conditions that may from time to time be requested. 3. REPORTS, RECORDS & EVALUATIONS. The AUTHORITY shall evaluate and provide guidance and direction under this agreement to the DEPARTMENT in the conduct of activities delegated under this agreement. The DEPARTMENT agrees to submit to the AUTHORITY, such reports as may be required by HUD directives or by the AUTHORITY, according to, but not limited to the following schedule: a. Finance Reports - Due the 10th day of each quarter. b. Attendance Reports - Due the 15th day of each quarter. c. Program Outlines - Due the 1st and 15th of each month. The DEPARTMENT agrees that the AUTHORITY may carry out monitoring and evaluation activities in the program and will effectively ensure the cooperation of the DEPARTMENT'S employees in such efforts. -1- < 4. CHANGES. The AUTHORITY may, from time to time, request changes in the scope of the services of the DEPARTMENT to be performed hereunder. Such changes, including any increase or decrease in the amount of the DEPARTMENT'S allocation which are mutually agreed upon by and between the AUTHORITY and the DEPARTMENT, must be incorporated in written amendments to this agreement. 5. COMPLIANCE WITH THE LAW. The DEPARTMENT shall comply with all applicable laws, ordinances and codes for the Federal Government and, all Local Laws when there is no conflict with Federal Laws. 6. CALENDAR YEAR. The program year will be standardized to cover (240) working days with an approximated beginning date of January 1, 1993, and ending date of December 31, 1993. 7. FINANCIAL STATEMENT AND OTHER REPORTS. All reports must be submitted on the scheduled time. Failure to comply may result in the withholding of funds. 8. INDEMNIFICATION. The DEPARTMENT agrees to indemnify, defend and hold harmless, the AUTHORITY, the County and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from DEPARTMENT'S acts, errors or omissions and for any costs or expense incurred by HUD, the AUTHORITY, the County on account of any claim therefore. The AUTHORITY agrees to indemnify, defend and hold harmless, the DEPARTMENT and the City of San Bernardino and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from AUTHORITY'S acts, errors, or omissions and for any costs or expense incurred by the DEPARTMENT or City on account of any claim therefore. 9. COVENANT AGAINST CONTINGENT FEES. The DEPARTMENT warrants that no person or selling agency or other organization has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage brokerage or contingent fee. For breach or violation of this warrant, the DEPARTMENT shall have the right to annul this agreement with liability or, in its discretion, to deduct from the agreement or otherwise recover the full amount of such commission, percentage brokerage, or contingent fee, or seek such other remedies as legally may be available. 10. SCHEDULE PAYMENT. The AUTHORITY agrees to reimburse the DEPARTMENT for authorized expenditures. The DEPARTMENT will submit to the AUTHORITY, statements that are sufficient to support payment under the AUTHORITY'S accounting procedures establ ished or approved by the AUTHORITY'S Finance Officer. within thirty (30) days the AUTHORITY will approve or disapprove payment of the statements. Maximum payment under this program is $15,314 in a calendar year. -2- 11. TERMINATION. The AUTHORITY, may, by giving reasonable written notice specifying the effective date, terminate this agreement in whole or in part for cause which includes: (1) Failure, for any reason, of the DEPARTMENT to fulfill in a timely and proper manner, its obligations under this agreement, including compliance with the approved program and attached conditions, and such statutes, Executive Orders, and HUD directives as may become generally applicable at any time; (2) submission by the DEPARTMENT to HUD or the AUTHORITY of reports that are incorrect or incomplete in any material respect; (3) ineffective or improper use of funds provided under this agreement; and (4) suspension or termination by HUD of the grant to the AUTHORITY under which this agreement is made, or the portion thereof delegated by this agreement. The AUTHORITY may also assign and transfer this agreement when required by HUD direction. If the DEPARTMENT is unable or unwilling to comply with such additional conditions as may be lawfully applied by HUD to the grants to the AUTHORITY, the DEPARTMENT shall terminate the agreement by giving a ninety (90) day written notice to the AUTHORITY, signifying the effective date thereof. In such event the AUTHORITY may require the DEPARTMENT to ensure that adequate arrangements have been made for the transfer of the delegated activities to another DEPARTMENT or to the AUTHORITY. In the event of any termination all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the DEPARTMENT under this agreement, shall be disposed of according to HUD directives, and the DEPARTMENT shall be entitled to compensation for any un-reimbursed expenses reasonably and necessarily incurred in satisfactory performance of the agreement. Notwithstanding the above, the DEPARTMENT shall not be relieved of liability to the AUTHORITY for damages sustained by the AUTHORITY by virtue of any breach of the agreement by the DEPARTMENT and the AUTHORITY may withhold any reimbursement to the DEPARTMENT for the purpose of set-off until such time as the exact amount of damages due to AUTHORITY from the DEPARTMENT is agreed upon or otherwise determined. 12. PUBLICATION AND PUBLICITY. The DEPARTMENT may publish results of its function and participation in the approved program without prior review by the AUTHORITY, providing that such publication acknowledges that the program is supported by funds awarded by HUD, and that five (5) copies of each pUblication be furnished to HUD, plus copies to the AUTHORITY as the AUTHORITY may reasonably require. 13. DISCRIMINATION IN EMPLOYMENT PROHIBITED. The DEPARTMENT shall not discriminate against any employee in the performance of this agreement or against any applicant for employment because of race, religion, creed, color, sex, medical condition, physical handicap, marital status, age or national origin. The DEPARTMENT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their -3- race, religion, creed, sex, medical condition, physical handicap, martial status,or national origin. This recruitment shall apply to, but not limited to the following: employment, upgrading, demotion, transfer; recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. 14. DISCRIMINATION PROHIBITED. No person in the united States shall, on the grounds of race, religion, creed, color, sex, age, medical condition, physical handicap, martial status, or national origin, be excluded from participation in, be denied the proceeds of, or be subject of discrimination in the performance of this agreement. 15. POLITICAL ACTIVITY PROHIBITED. None of the funds, materials, property or services contributed by the AUTHORITY or the DEPARTMENT under this agreement, shall be used in the performance of this agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 16 RELIGIOUS ACTIVITY PROHIBITED. There religious worship, instruction or proselytizing as connection with performance of this agreement. shall be no part of or in IN WITNESS WHEREOF, the DEPARTMENT and the AUTHORITY have executed this agreement of the date first above written. CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTiZ < 7 ~ BY: ..4'. r ~ HOUSING AUTHORITY OF SAN BERNARDINO COUNTY J" -1f-~ BY : --.L... c. .... .A' TITLE: Di rector TITLE: Director of Public Housing DATE: January 19, 1993 DATE: January 14, 1993 Approved as to form and legal content: JAMES F. PENMAN City Attorney By: "I , ilt::l.t:.-/l-'.'~ , v HOUSINGAUTHORITY-U 11/13/92 -4-