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1
RESOLUTI ON NO. f'I/ - ~c.>.;r,
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE SAN BERNARDINO NEIGHBORHOOD HOUSING SERVICES
3 RELATING TO THE USE OF COMMUNITY DEVELOPt1ENT BLOCK GRANT FUNDS.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on beh~lf of said City an agreement with
the San Bernardino Neighborhood Housing Services relating to the use of
Community Development Block Grant funds, a copy of which is attached hereto,
Marked Exhibit I and incorporated herein by reference as fully as though set
forth at length.
I HEREBY CERTI FY that the foregoi ng reso 1 uti on was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a(i
'~/"M meeting thereof, held on the /A2A'" day of '-j~
! 1 981, by the fo 11 owi ng vote, to wit:
I AYES, Co"",il~" rf.~Ji:;L, 4:/4,
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NAYS:
ABSENT:
~~.&7~
, City Clerk
("\ foregoing
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u
resolution is hereby approved this
day of
, 1981.
App roved as to form:
~~~~-
ty Attorney
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A G R E E MEN T
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
NEIGHBORHOOD HOUSING SERVICES FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
THIS AGREEMENT, made and entered into this
7th.
day of
July
,1981, by and between the City of San Bernardino, a
municipal corporation of the State of California ("CITY"), and the
San Bernardino Neighborhood Hous.ing Services, a non-profit corporation of
the State of Cal ifornia ("CONTRACTOR").
!i..!.I!'!L~,~fl!:l.
Recitals. :
1. CITY is the recipient of Community Development Block Grant
("CDBG") funds under Title I of the Housing and COl1D1lunity Development Act
of 1974 from the U. S. Department of Housing and Urban Development ("HUD").
2. CITY is permitted to use CDBG funds for certain housing
rehabilitation activities under federal regulations.
3. CONTRACTOR is a non-profit corporation formed under the laws of
the State of California to carry out the activities authorized by 24 Code
of Federal Regulations ("CFR") 570.204 (a) (2) (it).
4. CITY desires to engage CONTRACTOR to perform certain housing
rehabilitation activities during the 1981-82 fiscal year ending June 30,
1982, the 1982-83 fiscal year ending June 30, 1983, and the 1983-84 fiscal
year ending June 30,1984, subject to availability of CDBG funds.
WHEREFORE, for and in consideration of the respective and mutual
covenants and promises hereinafter contained and made, and subject to all
the terms and conditions hereof, the parties hereto do hereby agree as
follows:
I. Contractor's Obligations.
A. CONTRACTOR agrees to conduct a program in accordance with 24 CFR,
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Sections 570 et ~., for rehabilitation loans with the purpose of awarding
rehabil itati on loans to property owners with in the San Bernardi no Nei ghborhood
Housing Services target area, said area being designated in the map attached
hereto as "Exhibit A." and incorporated herein by reference.
B. For such rehabilitation purposes, CONTRACTOR agrees to establish
a Revol vi ng Loan Fund (" RLF") purs uant to the provi s ions of 24 CFR 570.513,
and CONTRACTOR agrees to deposit therein all funds received, including but
not by way of limitation, CDBG funds pursuant to this Agreement, designated
gifts from the Neighborhood Reinves,tment Corporation, and gifts designated
to the RLF from lending institutions, residents or other sources.
C. Any funds deposited in the RLF shall be used for the sole
purpose stated in Paragraph I.A. above.
D. Interest earned on any deposits in the RLF, on RLF loans or any
other income is to be added to the RLF to be used to provide additional
loans.
E. The RLF is to be used only for the purpose of providing low
interest loans to the following classces of property owners:
1. Property owners who do not meet underwriting criteria
required by the conventional lending market, using standard industry
practices, for home improvement loans.
2. Property owners who do not qualify for CITY Community
Development Programs or other governmental programs.
It is further agreed that at its sole discretion CONTRACTOR may fund
partial loans to property owners eligible under this paragraph for the
purpose of supplementing other loans for which such property owner is
otherwise qual ified.
F. CONTRACTOR shall commence to use the funds deposited in the RLF
for rehabilitation financing assistance within forty five (45) calendar days
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from and after such depos i tin accordance with HUD regul at ions .
G. CDNTRACTOR shall submit quarterly reports to CITY, due on or
before the first day of July, October, January, and April of each year
during the term of this Agreement, containing the following information:
1. Statistical data with respect to loans granted, in progress
and completed.
2. A detail report of RLF activity.
3. An overview of staff and volunteer activity.
H. CONTRACTOR shall present to the CITY annually, on or before the
first day of July during each year of this Agreement, a copy of its financial
audit, which shall be performed by an independent certified public accountant.
,
I. Upon termination of this Agreement, CONTRACTOR shall continue
to utilize all funds remaining in the RLF for the purpOse stated hereinabove
in Paragraph LA., provided, however, that if CONTRACTOR for any reason
dis,continues business during the term of this Agreement, the as,sets
committed by CITY for loans. shall be returned to CITY.
II. City's Obligations.
A. CITY agrees to provide a needed public improvement program within
the target area during the next three years (fiscal years 1981-84), subject
to the availability of Community Development Block Grant funds, established
after citizen participation, review by Contractor's Board of Directors,
recommendation by the Community Development Citizen Advisory Committee and
approval by the City Council.
B. CITY agrees to provide a housing inspector, as required,to
conduct pre-rehabilitation inspections in order to determine code deficiencies
and code compliance requirements within the target area.
C. CITY agrees to provide reasonable assistance in data gathering
and analysis for CONTRACTOR's program development and evaluation.
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III. Duration.
A. The term of this Agreement shall be from the date of execution
to June 30, 1984, unless terminated by operation of law.
IV. Payment by City.
A. CONTRACTOR agrees that administrative expenses of CONTRACTOR
shall not be the responsibility of CITY.
B. Subject to the schedule as hereinafter provided, and subject to
the availability of CDBG funds, CITY shall pay to CONTRACTOR's RLF the sum
of One Hundred Thousand Doll ars ($100,000.00) for fi sca 1 year 1981-82 endi ng
June 30, 1982, the sum of One Hundred Thousand Dollars ($100,000.00) for
fiscal year 1982-83 ending June 30, 1983, and the sUm of One Hundred
Thousand Dollars ($100,000.00) for the fiscal year 1983-84 ending June 30,
1984.
C. Said payments from CITY to CONTRACTOR's RLF for the fiscal year
1981-82 shall be paid upon the execution of this Agreement by CITY. Payment
from CITY for the fiscal year 1982-83 shall be paid to CONTRACTOR's RLF after
a total of Fifty Thousand Dollars ($50,000.00) in rehabilitation loans
have been recorded by CONTRACTOR, but in no event sooner than July 1, 1982.
Payment from CITY for the fiscal year 1983-84 shall be paid to CONTRACTOR's
RLF after a total of One Hundred Thousand Dollars ($100,000.00) in
rehabilitation loans have been recorded by CONTRACTOR, but in no event
sooner than July 1, 1983.
D. Payments pursuant to this Agreement shall be made from and
after the start of each fiscal year in the amounts and subject to the
conditions stated in this Paragraph IV, contingent upon the continued
good faith performance of CONTRACTOR.
V. Compliance with Applicable Laws.
CONTRACTOR shall comply fully with all federal, state and local
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1 laws and regulations, including, but not by way of limitation, the
2 Davis Bacon Act, 40 U. S. C. 276a et ~., in its performance of the terms
3 and conditions of this agreement.
4 VI. Non-Discrimination.
5 CONTRACTOR shall not discriminate against any employee or applicant
6 for employment because of race, color, religion, sex, national origin, age
7 or handicap. CONTRACTOR shall take affirmative action to insure that ap-
8 plicants are employed, and that employees are treated during employment,
9 without regard to their race, color, religion, sex, national origin, age
10 or handicap. Such action shall include, but not be limited to, the
11 following: employment upgrading, demotion or transfer, recruitment or
12 recruitment advertising, layoff or termination, rates of payor other
13 forms of compensation and selection for training including apprenticeship.
14 CONTRACTOR agrees to post in conspicuous places, available to employees
15 and appl icants for employment, notices setting forth the provisions of this
16 non-discrimination clause.
17 CONTRACTOR shall, in all solicitations or advertisements for
18 employees placed by or on behalf of CONTRACTOR, state that all qualified
19 applicants will receive consideration for employment without regard to
20 race, color, religion, sex, national origin, age or handicap.
21 CONTRACTOR shall send to each labor union or representative of
22 workers with which it has a collective bargaining agreement or other
23 contract or understanding, a notice to be provided by the CITY's contracting
24 officers, advising the labor union or workers' representative of CONTRACTOR's
25 commitments under Section 202 of Executive Order No. 11246 of September 24,
26 1965, and shall post copies of the notices in conspicuous places available
27 to employees and applicants for employment.
28 CONTRACTOR shall comply with all provisions of Executive Order
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No. 11246 of September 24, 1965 and of the rules, regulations and relevant
orders" and amendments of the foregoi ng, of the Secretary of Labor.
CONTRACTOR shall furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations and orders, and amendments of the foregoing, of the Secretary
of Labor, and will permit access to its books, records and accounts by the
government and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
In the event of CONTRACTOR's noncompliance with the non-discrimination
cl auses of this contract or with any of such rul es, regul ati ons, or orders,
this contract may be cancelled, terminated or suspended in whole or in part
and CONTRACTOR may be declared ineligible for further government contracts
in accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions and remedies as provided in
Executive Order No. 11246 of September 24, 1965, or by rule, regulation,
or order and amendments of the foregoing, of the Secretary of Labor, or
as otherwi se provi ded by 1 aw.
CONTRACTOR shall include all the provisions of this paragraph in
every subcontract or purcliase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of the
Executive Order No. 11246 of September 24, 1965, so that sucli provisions
will be binding upon each s,ubcontractor or vendor. CONTRACTOR shall take
such action with respect to any subcontract or purcliase order as the
government may direct as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event that
CONTRACTOR becomes involved in l or is threatened with, 1 itigation with a
subcontractor or vendor as a result of such direction by the government,
CONTRACTOR, may request the United States to enter into such litigation to
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1 protect the interest of the United States.
2 VII. Notices.
3
Notices to the parties shall, unless otherwise requested in
writing, be sent by U.S. mail, postage prepaid, and addressed as follows:
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TO CITY:
Office of Community Development
300 North "0" Street
San Bernardino, CA 92418
TO CONTRACTOR:
Post Office Drawer 392
San Bernardino, California 92401
VIII.
Assignability.
11 CONTRACTOR shall not assign or transfer any interest in this
12 Agreement, whether by assignment or novation, without the prior written
13 cons,ent of CITY; provided, however, th,at claims for money due or to become
14 due CONTRACTOR from CITY under this Agreement may be assigned to a bank,
15 trust company or other financial institution, or to a trustee in bankruptcy,
16 without such approval. Notice of any such assignment or transfer shall be
17 promptly furnished to CITY.
18 IX. Hold Harmless.
19
A. CONTRACTOR shall indemnify and save harmless CITY, its
20 officers and employees, from and against any and all damages to property or
21 injuries to or death of any person or persons, inc1 uding prOperty and
22 employees or agents of CITY, and shall defend, indemnify and save harmless
23 CITY, its officers and employees, from any and all claims, demands, suits,
24 actions, or proceedings of any kind or nature, including, but not by way
25 of limitation, workers' compensation claims, resulting from or arising out
26 of the neg1 igent acts, errors or omissions of CONTRACTOR, its employees
27 or subcontractors.
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B. CONTRACTOR shall indemnify and save harmless CITY, its officers
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and employees, from and against any and all damages to property or
injuries to or death of any person or persons, including property and
employees or agents of CITY, and shall defend, indemnify and save harmless
CITY, its officers and employees, from and against any and all claims,
demands, suits, actions or proceedings therefor, resulting from or
arising out of the intentional or malicious acts of CONTRACTOR, its
employees or subcontractors.
X. Insurance.
A. CONTRACTOR shall furnish CITY OF San Bernardino with an
insurance certificate from its worker's compensation insurance carrier
certifying that it carries such insurance and the policy shall not be
cancelled nor the coverage reduced except upon ten (10) days prior notice
to CITY. CONTRACTOR sha 11 indemnify CITY, its offi cers, agents and its
employees for any damage resulting to it from failure of the CONTRACTOR
to take out and maintain work.
B. CONTRACTOR shall take out and maintain during the life of this
agreement such public liability and property damage insurance as shall
protect CITY, its elective and appointive boards, officers, agents and
employees, CONTRACTOR and any subcontractor performing work covered by
this agreement from claims for damages for personal injury, including death,
as well as from claims for property damage which may arise from CONTRACTOR's
or any subcontractor's operations under this agreement, whether such
operations be by CONTRACTOR or by any subcontractor, or by anyone directly
or indirectly employed by either CONTRACTOR or any subcontractor, and the
amounts of such insurance shall be as follows:
1. Public Liability Insurance
In an amount not less than $300,000 for injuries, including,
but not limited to, death, to anyone person and, subject to the
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same limit for each person, in an amount not less than
$100,000 on account of anyone occurrence;
2. Property Damage Insurance
In an amount of not less than $50,000 for damage to
the property of each person on account of anyone occurrence.
XI. Excl usivity and Amendment of Agreement.
This Agreement supersedes any and all other agreements either
oral or in writing between the parties hereto with respect to the
employment of CONTRACTOR by CITY and contains all the covenants and
agreements between the parties with respect to such employment in any
manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements. promises or agreements, orally or otherwise,
have been made by any party, or anyone acting on behalf of any party,
which are not embodied herein, and that no other agreement or amendment
hereto shall be effective unles,s executed in writing and signed by both
CITY and CONTRACTOR.
XII. Laws Governing this Agreement.
This Agreement shBll be governed by and construed in accordance
with the laws of the State of California, and all applicable federal
statutes and regulations as amended.
XIII. Validity.
The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of
thi s Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the date and year first above written.
/
/
/
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1 ATTEST: CITY OF SAN BERNARDINO
2
3 ~fN74/.ad
4 ity Clerk
5
SAN BERNARDINO
6 Approved as to form: NEIGHBORHOOD HOUSING SERVICES, INC.
7 ~ By: ~~~
"Bo resldent"
8
9 City A torney By:
"CONTRACTOR"
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