HomeMy WebLinkAbout1981-249
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RESOLUTION NO. ?/-;;<?lY'
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT AMONG WEST END MEDIATION BOARD AND THE
.CITY OF ONTARIO, CITY OF SAN BERNARDINO, AND COUNTY OF SAN BERNAR-
;DINO FOR THE PURPOSE OF UTILIZING COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS TO ESTABLISH A FAIR HOUSING PROGRAM TO SERVICE THE
RESIDENTS OF SAN BERNARDINO COUNTY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
I SECTION 1. The Mayor of the City of San Bernardino is hereby
I:authorized and directed to execute on behalf of said City an
iagreement among West End Mediation Board 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, a copy of which is attached hereto, marked
Exhibit "AU and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
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1/
, 1981, by the following
meeting thereof, held
on the /? day of
vote, to wit:
AYES:
Council ",Members ~JJf.//'( ~1. tp"~&'AK~.
~ Yi~ fN;;ii1D
i
~~ '1M /
~AL&nJ)4r~AJ ~
NAYS:
ABSENT:
rk//4l/?<,~Ah
City Clerk
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1
The!~regoing resolution is hereby approved this
2 ,:of
i ~
" f{/X~
, 1981.
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ilAPproved as to form:
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CITY OF SAN BERNARDINO
-
MEMORANDUM
~,
To Gary Van Osdel
Director of Community Development
From Paul F. Mordy
Assistant City Attorney
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 Council, we will prepare new resolutions ratifying
the execution of the agreements and repealing the previous
authorizing resolutions.
.
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.
PFM:lr
cc City Clerk/"
City Administrator
PAUL F.f MORDY ,
Assistant City Attorney
C'J'Y 011 J'H.::M;()~
.'
'.
A G R E E MEN T
This Agreement is between the West End Mediation Board 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.
Thi s Agreement is .made and entered i ntothi.s 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
West End Mediation Board, a non-profit organization, (hereinafter referred to
as "Board").
WIT N E SSE T H
WHEREAS, pursuant to Section 570.304(h)(2)(iii) of the Federal
Regulations, 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 Board 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 infonn the public of the
law with regard to housing discrimination, landlord/tenant rights, and building
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 CDBG funds from the U. S. Department
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
Allotment for salaries
Operating expenses
Total Contract
$12,000
3,000
$15,000
. "
Funding
The city of Ontario shall provide $11,000 from the city's CDBG funds
of fiscal year 1981-82 for the implementation of the West End Mediation
Board's contribution to the San Bernardino County Fair Housing Program.
The city of San Bernardino shall provide $2,000 from the city's CDBG
funds of fiscal year 1981-82 for the implementation of the West End Mediation
Board's contribution to the San Bernardino County Fair Housing Program.
The county of San Bernardino shall provide $2,000 from the county's
CDBG funds of fiscal year 1981-82 for the implementation of the West End Media-
tion Board's contribution to the San Bernardino County Fair Housing Program.
Distribution Schedule
July 1, 1981 $1,000
$1,000
$5,500
December 1, 1981 -- $1,000
$1 ,000
$5,500
city of San Bernardino
county of San Bernardino
city of Ontario
city of San Bernardino
county of San Bernardino
ci ty of Ontari 0
NOW, THEREFORE, the County and Board, for and 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 Board shall be responsible for the following:
a. Hire, pay salary and benefits, and be responsible for one
project coordinator and one full-time clerk to staff the Ontario Fair Housing/
West End Mediation Board Office;
b. Coordinate citizen complaints/questions with the County's
fair housing consultant I; i.e., all discrimination cases shall be referred to
the consultant I, but all other cases will follow normal procedures for resolu-
tion through mediation;
c. Train volunteers to handle mediation sessions, do telephone
counseling, and initiate complaint resolution;
d. Publicize the existence of the Board throughout San Bernardino county;
e. Prepare monthly statistical reports for the County on the number
of complaints/questions, the status of their resolutions, and related information
as required and requested by the County;
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.
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.
f. Provide all services herein described to incorporated and
unincorporated areas of San Bernardino county;
g. Act as referral agency for those persons who require technical
or professional information as may be available from existing community organiza-
tions or other institutions; and
h. Handle all administrative duties pertaining to accrued costs
of operation, and pay all bills. '
4. This Agreement may be amended or modified only by written agree-
ment signed by both parties; and failure on the part of either 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.
5. In consideration for the services performed by the Board hereunder,
County shall fund the activities of the Board under this Agreement in the amount
set out on page two hereof.
6. In the event HUD disapproves of the use of CDBG funds to implement
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 Board shall be entitled to receive compensation in
a total amount to be determined by the following formula:
Compensation equals (=) number of days between commencement
of fiscal year and notice of termination times (x) budget
amount divided by (~) total number of days in fiscal year.
7. 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.
8. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the day and year first written above.
WEST END MEDIATION BOARD
CITY OF ONTARIO
By
CITY OF SAN BERNARD ~
f{
By (N7 a.#~
APFR{)VED AS TO FORM
DATE JUN 29 1981
_ AI,anX r~~r1(s, COUNTY COUNSEL
w,~ ,W~i3thi,,;:._,:.:.; p,W-:TY, CALIfORNIA
~"'n ~ k. ~TY
By
--
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. '-
.,
A G R E E MEN T
This Agreement is between the West End Mediation Board 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 .thi.s day of
1981, by and between the city of Ontario, city of San Bernardino, and county
of San Bernardino (hereinafter collectively' referred to asICounty"); and the
West End Mediation Board, a non-profit organization, (hereinafter referred to
as "Board").
WIT N E SSE T H
WHEREAS, pursuant to Section 570.304(h)(2)(iii) of the Federal
Regulations, 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 Board 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 building
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 CDBG funds from the U. S. Department
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
Allotment for salaries
Operating expenses
Total Contract
$12,000
1, 500
$13,500
E.\[{~Jn
.~
,.
Funding
The city of Ontario shall provide $9,500 from the city's CDBG funds
of fiscal year 1981-82 for the implementation of the West End Mediation Board's
contribution to the San Bernardino County Fair Housing Program.
The city of San Bernardino shall provide $2,000 from the city's CDBG
funds of fiscal year 1981-82 for the implementation of the West End Mediation
Board's contribution to the San Bernardino County Fair'Housing Program.
The county of San Bernardino shall provide $2,000 from the county's
CDBG funds of fiscal year 1981-82 for the implementation of the West End
Mediation Board's contribution to the San Bernardino County Fair Housing Program.
Distribution Schedule
July 1, 1981
$1,000
$1,000
$4,750
$1,000
U,OOO
$4,750
city of San Bernardino
county of San Bernardino
city of Ontario
city of San Bernardino
county of San Bernardino
city of Ontario
December 1, 1981 -~
NOW, THEREFORE, the County and Board, for and 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. The County shall indemnify, hold harmless, and defend the Board,
its officers, agents, and employees against all liability, claims, losses,
demands, and actions for injury to or death of persons, or damage to property
arising out of, or alleged to arise out of or in consequence of this Agreement,
provided such liability, claims, demands, losses, or actions are claimed to
be due to the acts or omissions of the County, its officers, agents, or
employees in the performance of this Agreement.
3. The Board shall indemnify, hold harmless, and defend the County,
its officers, agents, and employees against all liability, claims, losses,
demands, and actions for injury to or death' of persons, or damage to property
arising out of, or alleged to arise out of or in consequence of this Agreement,
provided such liability, claims, demands, losses, or actions are claimed to
be due to the acts or omissions of the Board, its officers, agents, or
employees in the performance of this Agreement.
4. The Board shall be responsible for the following:
a. Hire and pay salary for one project coordinator and one full-
time clerk to staff the Ontario Fair Housing/West End Mediation Board Office;
b. Coordinate citizen complaints and questions with the state's
DFEH consultant I; i.e., all discrimination cases shall be referred to the
DFEH consultant I, but all other cases will follow normal procedures for
resolution through mediation;
-~
.
c. Train volunteers to handle mediation sessions, do telephone
counseling, and initiate complaint resolution;
d. Publicize the existence of the Board throughout San Bernardino
county;
e. 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;
f. Provide services to incorporated and unincorporated areas of
San Bernardino county;
g. Act as referral agency for those persons who require technical'
or professional information as may be available from existing community organiza-
tions or other institutions; and
h. Handle all administrative duties pertaining to accrued costs
of operation and pay all bills.
5. This Agreement may be amended or modified only by written agree-
ment signed by both parties; and failure on the part of either 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 Board here-
under, County shall fund the activities of the Board 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 Board 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 (~) total number of days in
fiscal 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
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executed as of the day and year first written above.
WEST END MEDIATION BOARD
By
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CITY OF ONTARIO
By
CITY OF SAN BERNARDINO
By W. R. HOLCOMB
COUNTY OF SAN BERNARDINO
By