HomeMy WebLinkAbout1986-276
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RESOLUTION NO. 86- 276
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
2 DIRECTING THE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT
3 FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND
MEDIATION BOARD.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute for and on behalf of
8 said City a Community Development Block Grant funding agreement
9 with Inland Mediation Board. A copy of said agreement is
10 attached hereto as Exhibit "1" and incorporated herein by
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reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on the
, 1986, by the following vote, to
rpgnlrlr
day of
7th
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AYES:
Council Members
Reilly, Hernandez, Frazier,
Strickler
NAY S :
None
ABSENT:
Council Members Estrada, Marks, Quiel
h . fih'/
d/~??tPftd?#J
./ City Clerk
//) 6ft..._ day
The foregoing
25 of July
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Approved as to form:
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City Attorney
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DlIS AGREEMENT is entered into effective as of
JULY 1
4 1986, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a
5 municipal corporation, referred to as "City", and
INLAND MEDIATION BOARD
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a nonprofit community service organization,
i referred to as "Subrecipien t" .
8 City and Subrecipient agree as follows:
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10 (a) Subrecipient has requested financial assistance from City for
11 fiscal year 1986/1987 from funds available through a community development
12 block grant from the United States of America to City.
13 (b) Subrecipient represents that the expenditures authorized by
14 this Agreement are for valid community development purposes, in accordance
15 with federal law and regulations, and that all funds granted under this
16 Agreement will be used for no purpose other than those purposes specifically
1 i authorized. The sPecific purposes and scope of services of this particular
18 grant are set forth in Exhibit "A", attached hereto and incorporated into this
19 Agreement as though fully set forth herein.
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2. Payments. City shall reimburse Subrecipient for allowable costs
21 incurred under the scope of this Agreement and applicable Federal regulations,
221 which have not been paid for or reimbursed in any other manner or by any other
23 Agency. Reimbursement will be made at least on a monthly basis, with the
24, total of all such reimbursements not to exceed $ 20,000.00
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261 June 30, 1987.
27 I 4. Use of Funds j Budget j Travel L1m1tation.
3.
Tera.
This Agreement shall commence July 1, 1986, and terminate
The funds
paid
to
28 Subrecipient shall be used by it solely for the purposes set forth in
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1 Paragraph l(b) of this Agreement, and in accordance with the program budget
2 submitted by Subrecipient to the Redevelopment Agency of the City of San
3 Bernardino, a copy of which is attached to this Agreement as Exhibit "B".
4 This budget shall list all sources of funding for the program covered by this
5 Agreement, whether from State, Federal, local or private sources, and shall
6 identify which sources are paying for which specific portions of the program,
7 by line-item, to the extent practicable. 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 Agency and Subrecipient in the budget. Any
travel expenses incurred by Subrecipient above the budgeted amount or for
out-of-town travel shall not be eligible for reimbursement unless the prior
written approval of the Executive Director of the Redevelopment Agency of the
Ci ty of San Bernardino, or his or her designee, has been obtained. Funds
shall be used for purposes authorized by the CQmmunity 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. Only net payroll shall
be periodically reimbursed by City as an allowable cost. Any amounts withheld
by Subrecipient from an employee's pay for taxes, social security, or other
withholding and not immediately paid over to another entity, shall not be
included as wages or expenses eligible for reimbursement as an allowable cost
until such time as the withheld taxes, social security, or other withholdingsl
are actually paid over to the entity entitled to such payment. Upon suc~
payment and the submission of evidence of such payment to the Redevelopment
Agency, such expenses shall be regarded as allowable cost, and City shal
reimburse Subrecipient for such obligation. A variation in the
itemization 0 I
not to exceel
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cos ts, as set forth in the proposed budget submitted to City,
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1 10% as to any particular line item, shall be allowed, provided the prior
2 written approval of the Executive Director of the Redevelopment Agency of the
3 City of San Bernardino is obtained, it being understood that the total amount
4 of the grant shall not be varied thereby. At the end of the term, all
5 unexpended funds shall be returned to the City by Subrecipient. The parties
6 intend that grant funds be utilized within the time period covered by this
i Agreement, and any funds not used shall revert to the City. No reserve for
8 the future shall be established with the funds except as may be authorized to
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9 meet commitment~ made for services provided during the period of this
10 Agreement, but not yet paid for at the conclusion of this Agreement.
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-5. . Accounting. Prior to the final payment under this Agreement, and
12 at such other times as may be requested by the Executive Director of the
13 Redevelopment Agency of the City of San Bernardino, Subrecipient shall submit
14 to the Executive Director an accounting of the proposed and actual
15 expenditures of all revenues accruing to the organization for the fiscal year
16 ending June 30, 1987. Financial records shall be maintained by Subrecipient
Ii in accordance with generally accepted accounting principles, in a manner whic
18 permits City to trace the expenditures of funds to source documentation. All
19 books and records of Subrecipient are to be kept open for inspection at any
20 time during the business day by the City, its officers or agents, and by any
21 representative of the United States of America authorized to audit Community
22 Development Block Grant programs. Standards for financial management systems
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and financial reporting requirements established by Attachment "F" and,
Attachment "G" of Office of Management and Budget Circular No. A-lID shall bel
25 fully complied with by Subrecipient. Subrecipient acknowledges that the funds
26 provided are federal funds. Subrecipient's financial management system shall
27 provide for accurate, current and complete disclosure of the financial results
28 of each program sponsored by this Agreement. It 1s the responsibility of
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1 Subrecipient to adequately safeguard all assets of the program, and
2 Subrecipient shall assure that they are used solely for authorized purposes.
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6.
Services Ava11able to Residents; Monitoring and Reporting Program
4 Performance.
The services of Subrecipient shall be made available to
5 residents and inhabitants of the City of San Bernardino unless otherwise noted
6 in Exhibit -A". No person shall be denied service because of race, color,
7 national origin, creed, sex, marital status, or physical handicapp.
8 Subrecipient shall comply with Affirmative Action guidelines in its employment
9 practices. Subrecipient shall also monitor the program's activities and
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10 submit written reports quarterly, or more often if requested, to the Executive
11 Director of :the Redevelopment Agency of the City of San Bernardino, in
12 accordance with Attachment "H", Office of Management and Budget Circular No.
13 A-llO. Failure to provide such quarterly performance reports may prevent the
14 processing by City of Subrecipient,s requests for reimbursement, and may
15 justify temporary withholding as provided for in Paragraph 11 hereof.
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7 . Procurement
Practices.
Subrecipient
shall
comply
with
17 procurement procedures and guidelines established by Attachment "0" to Office
18 of Management and Budget Circular No. A-102, "Procurement Standards". In
19 addition to the specific requirements of Attachment .0" to Circular No. A-102,
20 Subrecipient shall maintain a code or standards of conduct which shall govern
21 the performance of its officers, employees or agents in contracting with and
22 expending the Federal grant funds made available to Subrecipient under this
23 Agreement. Subrecipient's officers, employees or agents shall neither solicit
24 I nor accept gratuities, favors, or anything of monetary value from contractors
25 or potential contractors. To the extent permissible by State law, rules, and
26 regulations, the standards adopted by Subrecipient shall provide for
27 penalties, sanctions or other disciplinary actions to be applied for
28 violations of such standards by either the Subrecipient's officers, employees
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or agents, or by contractors or their agents.
Subrecipient shall provide a
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copy of the code or standards adopted to City forthwith.
All procurement
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transactions without regard to dollar value shall be conducted in a manner so
4 as to provide maximum open and free competition. The Subrecipient shall be
~ II alert to organizational conflicts of interest or non-competitive practices
t) I among contractors which may restrict or eliminate competition or otherwise
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restrain trade.
Subrecipient agrees to adhere to the procurement rules
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specified in Office of Management and Budget Circular No. A-l02 Attachment "0"
in its expenditure of all funds received under this Agreement.
8. Anti-Kick Back Provisions; Equal Eaployment Opportunity.
All
contract 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
CPR, Part 3). This act provides that each contractor or subgrantee shall be
any person employed
in the
prohibited from inducing,
by any means,
construction, completion or repair of public work, to give up any part of the
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compensation to which he is otherwise entitled. Subrecipient shall report all
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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 #11246 as amended.
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 Actl
(40.U.S.C. 276a to 276a-7) and as supplemented by Department of Labor
Regulations (29CFR). Under this act, contractors shall be required to pay
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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.
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t addition, contractors shall be required to pay wages not less often than once
2 a week. Subrecipient shall place a copy of the current prevailing wage
3 determination issued by the Department of Labor in each solicitation and the
4 award of a contract shall be conditioned upon the acceptance of the wage
5 determination. Subrecipient shall report all suspected or reported violations
61 to City.
10. Approval of City of any Charges; Use of Program Income. Ci ty
reserves the right to require Subrecipient to obtain the prior written
approval of City of any charges or fees to be charged by Subrecipient for
services provided under this Agreement, and of any rules and regulations
governing the provision of services hereunder. Program income represents
gross income earned by the Subrecipient from the Federally supported
activities. Such earnings exclude interest earned on advances and may
include, but will not be limited to, income from service fees, sale of
commodities, usage and rental fees. These funds shall be used first for
eligible program activities, before requests for reimbursement, or shall be
remitted to the City. Subrecipient shall remit all unspent program income to
the City within thirty (30) days subsequent to the end of the program year
(June 30, 1987). Interest earned on funds advanced under the Agreement shall
be paid to the City.
11. Temporary Withholding. Tbe Executive Director of the
Redevelopment Agency of the City of San Bernardino is authorized to
temporarily withhold the payment of funds to Subrecipient when the Executive
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Director determines that any violation of this Agreement has occurred. Funds
shall be withheld until the violation is corrected to the satisfaction of the
Executive Director or of the Mayor and Common Council. Subrecipient shall
have the right to be heard by the Mayor and Common Council if Subrecipient
28 maintains no violation of the Agreement has occurred, which hearing shall be
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1 held within 45 days after the funds have first been withheld, provided
2 Subrecipient requests such hearing within 15 days after such first withholding.
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12. Records Retention.
Financial records, supporting documents,
41 statistical records, aud all other records pertaining to the use of the funds
5 provided under this Agreement shall be retained by Subrecipient for a period
6 of three (3) years, at a minimum, and in the event of litigation, claim or
7 audit, the records shall be retained until all litigation, claims, and audit
8 findings involving the records, have been fully resolved. Records for
9 non-expendable property acquired with federal funds provided under this
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10 Agreement shall be retained for three (3) years after the final disposition of
11 such property.
12 13. Property Management Standards. Non-expendable personal property,
13 for the purposes of this Agreement, is defined as tangible personal property,
14 purchased in whole or in part with Federal funds, which has useful life of
15 more than one (1) year and an acquisition cost of three hundred dollars
16 ($300.00) or more per unit. Real property means land, including land
17 improvements, structures and appurtenances thereto, excluding movable
18 machinery and equipment. Non-expendable personal property and real property
19 purchased with or improved by funds provided under this Agreement shall be
20 subject to the property management standards specified in Attachment "N" of
21 Office of Management and Budget Circular No. A-l02, "Property Management
Standards".
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14. Termination for Cause. City reserves the right to terminate this
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Agreement and any and all grants and future payments under this Agreement in!
251 whole or in part at any time before the date of completion of this Agreement
26 whenever City determines that the Subrecipient has failed to comply with the
27 conditions of this Agreement. In the event City seeks to terminate this
28 Agreement for cause, City shall promptly notify the Subrecipient in writing of
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1 the proposed termination and the reasons therefore, together with the proposed
2' effective date. Subrecipient shall be given an opportunity to appear before
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31 the Mayor and Common Council at the time at which the Mayor and Common Council
4 are to consider such recommended termination, and shall be given a reasonable
5 opportunity to show cause why, if any exists, the Agreement should not be
6 terminated for cause. Upon determination by this Mayor and Common Council
7 that the contract should be terminated for cause, notice thereof, including
8 reasons for the determination, shall promptly be given to Subrecipient,
9 together with information as to the effective date of the termination. The
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10 determination of the Mayor and Common Councll as to cause shall be final.
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15. - Termination for Convenience. City or Subrecipient may terminate
12 this Agreement in whole or in part provided both parties agree that the
13 continuation of the project would not produce beneficial results commensurate
14 wi th further expenditure of funds. In such event, the parties shall agree
15 upon the termination conditions, including the effective date and, in the case
16 of partial terminations, the portion to be terminated. The Subrecipient shall
17 not incur new obligations for the terminated portion after the effective date
18 and shall cancel as many outstanding obligations as possible. City shall
19 allow Subrecipient full credit for the City's share of the non-cancellable
20 obligations properly incurred by the Subrecipient prior to termination.
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16. Hold Harmless.
Subrecipient agrees to indemnify and save
22 harmless the City and its employees and agents from all liabilities and
23 charges, expenses (including counsel fees), suits or losses, however
241' occurring, or damages, arising or growing out of the use of or receipt of
25 funds paid under this Agreement and all operations under this Agreement.
26 Payments under this Agreement are made with the understanding that the City is
27 I not involved
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in the performance of services or other activities of
Subrecipient and its employees and agents are independent
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1 contractors and not employees or agents of City.
2 17. Aaendaent. This Agreement may be amended or modified only by
3 written agreement signed by both parties, and failure on the part of either
4 party to enforce any provision of this Agreement shall not be construed as a
5 waiver of the right to compel enforcement of any provision or provisions.
6 18. Assigument. This Agreement shall not be assigned by Subrecipient
7 without the prior written consent of City.
8 19. Jfotices. All notices herein required shall be in writing and
9 delivered in person or sent by certified mail, postage prepaid, addressed as
10 follows:
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- As - to City:
As to Subrecipient:
Executive Director,
Redevelopment Agency of the
City of San Bernardino
City Hall, Third Floor Rm. 320
300 North "D" Street
San Bernardino, Calif. 92418
Inland Mediation Board
9613 Arrow Hwy-Ste. A
Rancho Cucamonga, Ca.
91730
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20. Evidence of Authori ty.
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 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.
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1 III WITNESS WHEREOF J the parties hereto have executed this Agreement
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2 on the day and year first hereinabove written.
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4 ATTEST:
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6 / City Clerk
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Approved as to legal form:
d!l ~g:7f~
4:~. City Atto~
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J1me/1985
Ii 977L
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:l:i~J:4Zr
Mayor
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President
BY:
Secretary
EXHIBIT "A"
INLAND MEDIATION BOARD
SCOPE OF SERVICES
1. Hiring, salary, benefits, and full responsibility for its
staff;
2. Training volunteers to handle mediation sessions, perform
telephone counseling, and initiate complaint resolution;
3. Making an effort to negotiate or mediate a remedy between
landlords and tenants;
4. Accepting complaints from individuals alleging
discrimination in housing;
5. Making an effort to negotiate or mediate cases of
discrimination in housing and if unsuccessful refer cases
for further investigation to State Department of Fair
Employment and Housing;
6. Providing mortgage default counseling services;
A. HUD authorized counseling agency.
1. Chronically delinquent or defaulting FHA
mortgagors.
2. Section 8 Rental delinquency and problem solving
counseling
3. Budget counseling for HUD pre-purchase /prerental
contracts..
4. Assistance in filling out the 92068F Form which is
used as any application for a FHA assignment.
7. Publicizing the existence of the Board throughout the
service area;
8. Preparing monthly statistical reports for the contracting
agencies on the number of complaints/questions, the status
of their resolutions, and related information as required
and requested by the agency;
9. Conducting two housing workshops per year to inform the
entire community as to its rights and responsibilities under
State and Federal laws with respect to fair housing;
10. Disseminating materials for the public regarding State and
Federal laws with respect to fair housing;
A. Educational
1. Member of Southern California Fair Housing
Steering Committee.
11. Acting as referral agency for those persons who require
technical or professional information as may be available
from existing community organizations or other institutions;
12. Handling all administrative duties pertaining to accrued
costs of operation and paying all bills;
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EXHIBIT "A"
13. Furnishing the contracting agencies wi th a copy of a
financial audit completed within 12 months of execution of
contract;
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EXHIBIT "B"
Inland Mediation Board
ACTIVITY DESCRIPTION
INLAND MEDIATION BOARD
This project activity is designed to complement the strategy for
increasing opportunities for members of minority groups and
female-head of households and including efforts to achieve
special deconcentration of such housing opportunities and actions
to affirmatively further for housing.
The proj ected budget for mediation services for the Ci ty of San
Bernardino from a main office located in the Rancho Cucamonga is
as follows:
Projected Budget
July 1, 1986 through June 30, 1987
Expenses:
Salaries
Fringe Benefits
Total Salaries
Telephone
Office Supplies
Postage
Office Equipment
Advertising
Insurance
Travel Expense
Rent
Accounting Service
utilities
Computer Maintenance Contract
$11,000
1,507
12,507
2. 300
700
200
100
318
1,100
150
1,500
450
375
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20,000
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9613 Arrow Hwy., Suite A . Rancho Cucamonga, Ca. 91730 . (714) 987-8663 . (800) 321-0911