HomeMy WebLinkAbout1982-012X.
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RESOLUTION NO. 82-12
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO WEST SIDE
COMMUNITY DEVELOPMENT FOR FUNDING TO COMPLETE OFF-SITE IMPROVE.
IN THS AREA TO BE UTILIZED FOR LOCATION OF THE HAMPSHIRE FLOOD
DAMAGED HOMES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City an
9 Agreement with the San Bernardino West Side Community Development
10 for funding to complete off-site improvements in the area to be
11 utilized for location of the Hampshire flood damaged homes, a copy
12 of which is attached hereto, marked Exhibit "A" and incorporated
13 herein by reference as fully as though set forth at length.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a regular meeting thereof, held
17 on the 4th day of January 1982, by the following
18 vote, to wit:
19 AYES: Council Members Castaneda, Reilly, Hernandez,
20 . Botts Hobbs, Strickler
21 NAYS: None
22 ABSENT: None
23
24
City Clerk
25 The foregoing resolution is hereby approved
26 of January 1982.
27 r o C' y
pproved as to form:
28 /I At
Attorney
day
1 A G R E E M E N T
2 THIS AGREEMENT is made and entered into this j day of
3 { 1982, by and between the CITY OF SAN BERNARDINO,
4 a nic' al corporation, referred to as "City", and SAN BERNARDINO
5 WEST SIDE COMMUNITY DEVELOPMENT CORPORATION, a nonprofit community
6 organization, referred to as "West Side".
7 WHEREAS, West Side has requested funding of $70,000 from the
8 Community Development Contingency fund for "off-site" improvements
9 in the area to be utilized for location of the "Hampshire flood
10 damaged homes"; and
11 WHEREAS, the Mayor and Common Council of City are willing to
12 appropriate funds from the Community Development Contingency fund
13 upon certain conditions and with the understanding that receipt of
14 said funds shall not imply a continuing obligation of the City
15 beyond the term of this agreement; and
16 WHEREAS, West Side has represented that the expenditures
17 authorized by this agreement are for valid municipal public
18 urposes, to wit: to complete off-site improvements in the area
19 to be utilized for location of the Hampshire flood damaged homes,
20 hich homes will be available to moderate and low income families,
21 NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties
22 J�bereto as follows:
23 1. City shall pay to West Side the sum of seventy thousand
24 dollars ($70,000) upon execution of this agreement, except that
25 City shall withhold ten percent of the total amount until such
26 time as City's Director of Community Redevelopment determines that
27 the project has been substantially completed. The Director of
28 inance shall make the check payable to San Bernardino West Side
I Community Development Corporation, for deposit with the Bank of
2 California, in West Side's Construction Fund, Loan No. 416182.
3 2. The funds paid to West Side shall be used by it solely
4 for the purposes set forth in the last Whereas Clause of this
5 agreement during the term commencing on January 4, 1982 and ending
6 on April 1, 1982. At the end of said term, all unexpended funds
7 shall be returned to the City by West Side.
g 3. Prior to the final payment under this agreement, and at
9 such other times as may be requested by the City Administrator or
10 Director of Community Redevelopment, West Side shall submit to the
11 City Administrator, with a copy to the Director of Community
12 Redevelopment, an accounting of the proposed and actual
13 expenditures of said funds, including the line item amounts and
14 purposes for which said funds have been spent or obligated.
15 Fiscal records shall be maintained by West Side in such a manner
16 as to permit the City to easily trace the expenditures of the
11 funds. All books and records of West Side are to be kept open for
18 inspection at any time during the business day by the City or its
19 officers or agents. The accounting report shall be submitted by
20 West Side in conformance with established City guidelines and the
21 audit guide prepared by the Committee of Voluntary Health and
22 Welfare organizations entitled "Audits of Voluntary Health &
23 Welfare Organizations". Internal controls shall be implemented by
24 West Side to comply with these guidelines and said audit guide.
25 West Side shall comply with any rule or regulation of the Mayor
26 and Common Council concerning services provided by organizations
27 funded with City revenue, labor, equipment or supplies as now may
28 lbe in effect or hereinafter enacted.
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1 4. The Director of Community Redevelopment, with the
2 concurrence of the Mayor, is authorized to place a temporary
3 freeze on or terminate the payment of funds to West Side when any
4 violation of the agreement, in the discretion of said Director,
5 occurs and the same shall continue until such violation is
6 corrected to the satisfaction of the Director.
7 5. West Side hereby covenants and agrees to indemnify and
8 save harmless the City and its employees and agents from all
9 liabilities and charges, expenses (including counsel fees), suits
10 or losses however occurring, or damages arising or growing out of
11 the use or receipt of the funds paid hereunder and all operations
12 under this agreement; payments hereunder are made with the
13 understanding that the City is not involved in the activities of
14 West Side. West Side and its employees and agents are independent
15 contractors and not employees or agents of the City in performing
16 said services.
17 6. If West Side shall fail to comply with any term,
18 condition or provision of this agreement or fails to expend or use
19 the funds as herein provided, the City may terminate this
20 agreement by mailing written notice to West Side, and this
21 agreement shall thereupon terminate forthwith, and any advanced
22 funds not then expended shall be repaid to City; in addition,
23 West Side shall repay to the City any funds utilized for purposes
24 not authorized by this Agreement.
25 7. City shall have the right to terminate this agreement and
26 any funding hereunder for any reason by mailing a ten day written
27 notice to West Side and this agreement shall terminate ten days
28 after the mailing of such notice; and thereafter any unpaid funds
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shall not be prorated or paid to West Side.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names the day and year first hereinabove written.
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COMMUNITY