HomeMy WebLinkAbout1981-248
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RESOLUTION NO. P/-.;21/Y
: RESOLUTION OF TH~ CITY OF SAN BERNARDINO AUTHORIZING THE
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'EXECUTION OF AN AGREEMENT AMONG THE STATE DEPARTMENT OF FAIR
EMPLOYMENT AND HOUSING AND THE CITY OF ONTARIO, CITY OF SAN
BERNARDINO, AND COUNTY OF SAN BERNARDINO FOR THE PURPOSE OF
UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ESTABLISH A
FAIR HOUSING PROGRAM TO SERVICE THE RESIDENTS OF SAN BERNARDINO
COUNTY.
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BE IT RESOLVED BY THE MAYOR AND CONMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
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authorized and directed to execute on behalf of said City an
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agreement among the State Department of Fair Employment and
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Housing and the City of Ontario, City of San Bernardino, and
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County of San Bernardino for the purpose of utilizing Community
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Development Block Grant funds to establish a Fair Housing Program
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to service the residents of San Bernardino County, a copy of which
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is attached hereto, marked Exhibit "Au and incorporated herein by
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reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Council Memb. ers ~,,~tlA/ ~."1lf7j~
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Bernardino at a
meeting thereof, held
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on the ,<,;r"#.
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day of
, 1981, by the following
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vote, to wit:
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AYES:
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NAYS:
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ABSENT:
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City lerk
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resolution is hereby approved this
The~regoing
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, 1981.
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of
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i,Approved as to form:
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I' ~Nr'~
City torney
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day
CITY Of::' SAN BERNARDINO
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MEMORANDUM
To Gary Van Osdel
Director of Community Development
From Paul F. Mordy
Assistant City Attorne:
Date August 18, 1981
Subject
Approved
Date
770.15
Re: (1) Executed Agreement Dated July 1, 1981,
among the cities of Ontario and San Bernardino,
County of San Bernardino, and the State
Department of Fair Employment and Housing
(Resolution No. 81-248)
(2) Undated Executed Agreement among
Cities of Ontario and San Bernardino,
County of San Bernardino, West End
Mediation Board (Resolution No.
81-249)
It has been brought to my attention by the City Clerk that
these two agreements have been executed in a form which
differs from the form of agreement attached to the
authorizing resolution. How this occurred is not clear..
Assuming that the agreements as executed are what you
desire, the situation should be rectified by adoption of new
resolutions ratifying the execution of the agreements. If
you will prepare an appropriate memorandum to the Mayor and
Common Counci.l, we wi.ll prepare new resolutions ratifying
the execution of the agreements and repealing the previous
authorizing resolutions.
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Regarding the undated agreement, the parties should agree
upon an appropriate date, presumably July 1, 1981, and enter
the date on all copies of the agreement.
cc City Clerk //
City Administrator
PAUL F'; MORDY
Assistant City Attorney
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C, T Y 0 l>J f' HIE =M;Q'VJ4E
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A G R E E MEN T
This Agreement is between the State Department of Fair Employment
and Housing and the city of Ontario, city of San Bernardino, and county of
San Bernardino for the purpose of utilizing Community Development Block Grant
(CDBG) funds to establish a Fair Housing Program to service the residents of
San Bernardino county.
This Agreement is made and entered into this ,AI day of ~ '
1981, by and between the city of Ontario, city of San Bernardino, and county of
San Bernardino (hereinafter collectively referred to as "County"); and the
State Department of Fair Employment and Housing (hereinafter referred to as
"State") .
WIT N E SSE T H
WHEREAS, pursuant to Section 570.304(H)(2)(iii) of the Federal Regula-
tions, the County is mandated to implement a strategy for increasing the choice
of housing opportunities for low- and moderate-income persons including members
of minority groups and female-head households, and including efforts to
achieve spatial deconcentration of such housing opportunities and actions to
affirmatively further fair housing; and
WHEREAS, the County and State propose to provide the community with
a localized location for receiving assistance in resolving complaints with
regard to housing discrimination and landlord/tenant problems; and
WHEREAS, the County recognizes the need to inform the public of the
law with regard to housing discrimination, landlord/tenant rights, and build-
ing and safety laws in order to foster affirmative action to eliminate housing
discrimination; and
WHEREAS, the County recognizes the need to encourage the resolution
of complaints through the process of mediation; and
WHEREAS, the County has received COBG funds from the U. S. Depart-
ment of Housing and Urban Development (hereinafter referred to as "HUD") to be
used for the implementation and maintenance of a Fair Housing Program for San
Bernardino county; and
WHEREAS, the County seeks to coordinate implementation and administra-
tion of a Fair Housing Program; and
WHEREAS, the Fair Housing Program shall be financed as follows:
Budget
Salaries and Benefits
Mileage
Public Information and Training
Tota 1
Salary Contingency
$24,628
600
900
$26,128
6;000
Fundi ng
The city of Ontario shall provide $5,268 plus a $2,000 salary con-
tingency from the city's CDBG funds of fiscal year 1981-82 for the implementa-
tion of the State's contribution to the San Bernardino County Fair Housing
Program.
The city of San Bernardino shall provide $5,268 plus a $2,000 salary
contingency from the city's CDBG funds of fiscal year 1981-82 for the imple-
mentation of the State's contribution to the San Bernardino County Fair Housing
Program.
The county of San Bernardino shall provide $9,833 plus a $2,000
salary contingency from the county's CDBG funds of fiscal year 1981-82 for the
implementation of the State's contribution to the San Bernardino County Fair
Housing Program.
The State shall provide $5,760 toward salary benefits for the con-
sultant I (staff service analyst).
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Distribution Schedule
) $2,634.00 city of San Bernardino
July 1, 1981 $10,184.50) $2,634.00 city of Ontario
) $4,916.50 county of San Bernardino
) $2,634.00 city of San Bernardino
December 1, 1981 -- $10,184.50) $2,634.00 city of Ontario
) $4,916.50 county of San Bernardino
NOW, THEREFORE, the County and State, for an in consideration of the
mutual promises and agreements herein contained, do agree as follows:
1. The County reserves the right to review and approve action and
decisions related to all applicable regulations.
2. Each party agrees to indemnify, defend, and save harmless the
other party from any and all claims, losses, or damages occurring or result-
ing from any negligent or wrongful act or omission of its officers, agents,
or employees in the performance of this contract.
3. The State shall be responsible for the following:
a. Hire and pay salary for one full-time consultant I or
staff service analyst whose working hours will be split between two fair
housing offices located in the cities of San Bernardino and Ontario;
b. Provide on-going training of one consultant I and two
clerks;
c. Provide technical assistance and information materials;
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d. Provide a public information service regarding fair housing
including preparation and distribution of news releases informing county
residents of the purposes, events, and services of the Fair Housing Program;
e. Organize and conduct fair housing workshops (minimum of two
per year);
f. Initiate and respond to requests for speaking engagements
throughout the county;
g. Disseminate information and assist persons in understanding
the housing laws of the state of California;
h. Coordinate citizen complaints and questions with the West
End Mediation Board, i.e., all discrimination cases shall be handled by the
State's consultant I. This will entail investigating complaints and initiat-
ing their speedy resolution either informally, administratively, by providing
information, or by making a referral to the proper agency or organization.
All other cases will follow normal procedures for resolution through mediation;
i. Prepare monthly statistical reports for the County on the
number of complaints/questions, the status of their resolution, and related
information as required and requested by the County; and
j.. Provide all services herein described to all incorporated
and unincorporated areas of San Bernardino county.
4. The county and city of San Bernardino (acting separately from
the city of Ontario) shall be responsible for the following: .
a. Hire, pay salary and benefits, and be responsible for one
full-time clerk;
b. Handle all administrative duties pertaining to accrued costs
of operation at the San Bernardino Fair Housing Office, and pay these bills;
and
c. Fund items "4. a." and lib. II above as follows:
County of S.B. City of S.B.
Full-time clerk: Total Salary Contri buti on Contribution
$10,800 $8,800 $2,000
S. B. Office County of S.B. City of S.B.
operational expenses: Total Expenses Contribution Contri buti on
$2,000 $1,000 $1,000
The city of San Bernardino will distribute funds to the county
of San Bernardino on or before July 31, 1981.
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5. This Agreement may be amended or modified only by written agree-
ment signed by all parties; and failure on the part of any party to enforce
any provision of this Agreement shall not be construed as a waiver of the
right to compel enforcement of such provision or provisions.
6. In consideration for the services performed by the State here-
under, County shall fund the activities of the State under this Agreement in
the amount set out on page two hereof.
7. In the event HUD disapproves of the use of CDBG funds to imple-
ment this Agreement, County may, upon giving written notice to all other
parties of its intention to do so, immediately terminate this Agreement. Upon
the event of any such termination, the State shall be entitled to receive
compensation in a total amount to be determined by the following formula:
Compensation equals (=) number of days between commence-
ment of fiscal year and notice of termination times (x)
budget amount divided by (t) total number of days in
fi sea 1 year.
8. All participants of this Agreement must act in accordance with
Executive Order 11246 which provides that no person shall be discriminated
against on the basis of race, color, religion, sex, or national origin in all
phases of employment during the performance of federally assisted contracts.
9. This Agreement provides for the operation of the Fair Housing/
West End Mediation Board Office for the fiscal year 1981-82 and shall terminate
June 30, 1982, unless extended by mutual agreement for a period not to exceed
one year.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the day and year first written above.
CITY OF ONTARIO
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By
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By
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APPROVID
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D artmen t of. inance
APF'~~iD AS TO FORM
DATE : N 2 9 1931
Alan K. Marks, COUNTY COUNSEL
/~~ BERNARDINO CO~RNIA
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