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HomeMy WebLinkAboutR12-Redevelopment Agency w. ,. .... , " , " c ,,-.~ DBVBLOPIIB.r DBPARrIlB.r OF rBB CIn OF SU R1!1!II.l1!nIIIO 1lE000ST FOR COIMISSIOII/COUlICIL ACTIOII From: ICENl'lBTB J. RENDERSOII Executive Director Subject: FY 1992-l993 CDBG .~ IlB7WED t'BE CITY AIm I1ILAlm IlEDIArIO. BOARD, IIC. - FAIR BOUSIBG AIm IIIPLBMDrArIOII OF ANALYSIS OF IIIPBDnmr.rS Date: June 30, 1992 --------------------------------------------------- SynoDsis of Previous Commission/Council/Committee Action(s): On February 17, 1992, the Mayor and Common Council approved and adopted the FY 1992/l993 CDBG Program Mix and authorized staff to solicit proposals for same. On May 18, 1992, the Mayor and Common Council took an action establishing June l, 1992 at 3:00 p.m., for the date and time certain of the FY 1992/l993 CDBG Public Rearing. On June l, 1992, the Mayor and Common Council reviewed recommendations submitted by the Community Development Department Citizen Advisory Committee and approved same for CDBG funding assistance for Fiscal Year 19921l993. ---------------------------------------------------------------- RecommPft~ed Ration(s): (Mavor _nd CnMMnn Council) RESOLUTION OF t'BE MAYOR AIm COMMOII COUNCIL OF t'BE CITY OF SAN BERNARDINO AUTHORIZING AIm DIRECTING t'BE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK: GRANT FUNDING AGREEMENT BETWEEN t'BE CITY OF SAN BERNARDINO AIm IIILAlm MEDIATION BOARD, INC. - FAIR ROUSING AND IMPLEMENTATION OF ANALYSIS OF IMPEDIMEBTS. Adm~ator ------------ ~~ Executive Direc or Contact Person(s): ---------------- ------ Kenneth Henderson/Art Hassel Phone: S08l Project Area(s): All Proiect Areas Ward(s): All Wards Supporting Data Attached: Staff ReDort: Resolution: Exhibits FUNDING REQUIREMnTS: Amount: $ 20.000.00 Source: FY 92/93 CDBG LOC Budget Authority: Previously Established 6/1/1992 ------------------------------------------------------------------------------- Commission/Council lIotes: ----------------------------------------------------- KJR:SWP:AR:dls:2489J COMMISSIOII MEBrIBG AGBlUll Meetin& Date: 07/20/1992 I~ Aaenda It_ lIuIIlber: , ... , " '" '" c e'_-'''''._ ,...j DBVBLOPMB.r DBPARrMB.r OF TIIB CITY OF SAB BBRlWIDIBO STAPP UPORr Inl..... Mediation Board. In". - Fair HO~::- ..... IlIDll!lllentation of '""lvsis of ImDed ts n 199211993 CUBe Aaret!llent On June l, 1992, the Mayor and Common Council conducted the n 1992/l993 CDBG Public Hearing and awarded Community Development Block Grant funds to certain public service, capital improvement and fair housing projects. Agreements are now required to implement said projects. The attached Agreement between the City and Inland Mediation Board, Inc. - Fair HouBing and Implementation of AnalyBis of Impedimenta, includes a "scope of services" and "program bUdget", referred to in the Agreement as Exhibits "A" and "B", respectively. These Exhibits are incorporated by reference as though fully set forth at length. Adoption of the attached Resolution by the Mayor and Common Council authorizes and dire"ts the Mayor and City Clerk to execute the Agreement as described herein. Per the direction of the Mayor and Common Council at the above referenced Public Hearing, CDBG funds will not be disbursed unless and until minutes from the nonprofit agency's board meetings over the last twelve months and financial statements, preferably audited, have been submitted to the Department. Staff recommends adoption of the attached Resolution. ~O., becutive Director Development Department XJH:SWP:AH:dls:2489J --------------------------------------------- COIIIISSIO. IIDrIBG AGKBDA Meetins Date: 07/20/l992 Aaenda It... lI1aber: J '{)... .., .... ;- "" , , 1 2 3 4 5 r '- .........., '-" USOLUrIOlI IDmu: USOLllrIO. OF TBlllAmll A1ID COIKI. COlIlICIL OF TBI CITr OF SAIl RRl!lWAllnIIO AImIOUZIM: A1ID DIUCTIIIG TBI BDCDrIO. OF A COII__.lft IlBVELOPIIBIIr BLOCI: GUJIr lUIIDIIIG .I./:!"u..ux BBrlrJWII TBI CITY OF SAIl BBRII.UDIIO A1ID TIIUII1) 1IBDI.lrI0. IIO.OD, DIC. _ FUll BOUSIM: A1ID DIPLIIIE1ft'.lrIOlI OF .l!W.YSIS OF DIPBn:..-....S BB Ir USOLVBD BY TBlllAmll A1ID Omll)lII COlIlICIL OF TBI CITr OF 6 SAIl BBRII.UDIIO AS I'OLLOWS: 7 Section 1. 8 e.) The Mayor of the City of Sm Bernardino 18 hereby .uthorlzed 9 and director to aecute, on behalf of the City, m aareeaent for 10 Community D...lopamt Block ;rmt fundlna with Inland Medl.tlon Board. J 1 Ine. - Pair Bau.f~ and ImnlemMltatlon of Analvai. of rmnedllllenta, 12 which aareeaent 18 att.ched hereto .. Exhibit "1", and 18 Incorpor.ted 13 herein by referenced .. thouah fuly .et forth .t lenath. The .greement 14 provide. for the grmtlng of Community Developaent Block Grmt funds In 15 the followlna amount of *20.000. 16 Section 2. 17 18 19 20 21 22 23 24 25 26 27 28 I. re.clnded If the p.rtle. to the .Ireeaent f.ll to aecute It within e.) The AuthOrization. to execute the .bove referenced aareement .1zty (60) day. of the P....le of thl. Ile.olutlon. 11/ 1/1 1/1 11/ 1/1 1/1 11/ 1/1 1/1 - 1 - }J 1 ""'. 2 "- 3 4 5 6 7 8 9 10 ]] ]2 ]3 ]4 , ]5 " ]6 ]7 18 ]9 20 2] 22 ,.-... v ~c, J --' USOLUrIOJr OP 1'11:1 CIl'!' OP au lmI1rutnuo mrBoUZIIIG 1'11:1 BDCllTIOJr OP A CDBG AI:1lIIoK_ BBnr.ull 1'11:1 CIl'!' .l1ID TIIUIIn IIIDI.lrIO. BOARD. IlIC. _ PAIR BOUSIS .l1ID IIII'LIlIIEIrr.IO. OP .lJW.YSIS OP DlPBDDIaa...S I BIBBY CERTIFY that the foreloiD& Resolution w.. dult adopted by the Mayor and COIlllllOll Council of the City of San Bernardino at a lUetiD& thereof. held on the day of . 1992. by the followins vote, to wit: COUIICIL _nil: WI lAD A1L....1. T1I AB-'IVII'P ESTHER BSTRADA JAeJ: UILLY RALPH BlI1WQlEZ MICHAEL IlAUDSLBY TOM MINOR VALERIE POPE-LUDLAM NOIIBB MILLER City Clerk of The foreloins resolution ia hereby approved this , 1992. day W.R. Holcomb, Mayor 24 23 Approved aa to form and leaal content: JAMES P. PEllMA1f, 25 Cit~~Attorney 26 By:~J'V ./ 27 2477J 28 ,. " - 2 - ;) 1 2 3 4 5 6 7 8 9 ]0 J] ]2 13 14 , 15 ~ , ... , " 16 17 18 19 20 21 22 23 24 25 26 27 28 c o '-" STATE OF CALI PODIA COUftY OF SAlf BBDARDIRO CIn OF SAlf BEDARDIRO ) ) ) aa I, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foreaoina and attached copy of Mayor and COIIIIIon Council of the City of San Bernardino Resolution No. ia a full, true and correct copy of that now on file in thia office. IN WITnESS WHEREOF, I have hereunto aet 117 hand and affized the official aeal of the Mayor and Common Council of the City of San Bernardino thia _ day of , 1992. Ci ty Clerk City of San Bernardino By: Deputy - 3 - JJ. /"""" '-" t"'''.... ....." , " AGREEME.r THIS AGREEMENT is entered into effective as of the 1st dav of Julv 1992, at San Bernardino, Califomia, between the City OF SAN BERNARDINO, a municipal corporation, referred to as "City", and IlILAlID IIBDIATIOK BOARD, me. FAIR HOUSIKG AlID llIl'LEMEBrArIOK OF AlULYSIS OF DlPEDDIBlITS, a nonprofit cODDllunity service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. Redtals. (a) Subrecipient has requested financial assistance from City for fiscal year 1992/1993 from funds available through the Community Development Block Grant Program from the United States of America to City. (b) Subrecipient represents that the expenditures authorized by f' '"," this Agreement are for Implement recoDDllendation of the Fair Housing Analysis Choice and implement the activities of fair housing enforcement, education and outreach services, which are valid and eligible community development purposes, as defined in CFR Part 570 in accordance with federal law and regulations, and that all funds granted under this Agreement will be used for no purpoae other than those purposes specifically authorized. The specific purposes and scope of services of this particular grant are set forth in Exhibit "A", attached hereto and incorporated into this Agreement as though fully set forth herein. ,. .... -1- ;.1 ~"", I..,...- ....._~ ~'" " (c) Subrecipient will comply with applicable uniform " administrative requirements, as described in 24 CFR, Part 570.502. (d) Subrecipient will 'carry out each activity, program and/or project in compliance with all federal laws and regulations as set forth in 24 CFR, Part 570, with the following exceptions, (i) the Subrecipient does not assume the environmental responsiblities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the SUbrecipient does not assume the Grantee's responsiblities for initiating the review process under Executive Order Number 12372. (e) SUbrecipient will comply with the requirements set forth in the Uniform Relocation Assistance and Real Property Acquisition POlicy Act of 1970, as amended, (ORA), 49 CFR, Part 24 in accordance with federal regulations when attempting to or acqUiring any bUilding or parcel of land. ,. Subrecipient will be required to obtain written approval from the Executive " Director of the Development Department prior to any activity taking place within the confines of ORA 49 CFR, Part 24, as amended. 2. Pavmll!.1lta. City shall reimburse Subrecipient for allowable costs incurred under the scope of this Agreement and applicable Federal regUlations, which have not been paid for or reimbursement will be made at least on a monthly basis, with the total of all such reimbursements not to exceed *20,000. 3. ImL. l2ll. This Agreement shall cODDllence Julv 1. 1992, and terminate June 30. , \. -2- 1'7 c "'""'''', ..... ... I '.... 4. Ual!! of J-nnd_: Bud_et: Travf!l Lf.ftation. (a) The funds paid to SUbrecipient shall be used by it solely for the purposes set forth in Paragraph l(b) of this Agreement, and in accordance with the program budget submitted by Subrecipient to the City of San" Bernardino CODDllunity Development Department, a copy of which is attached to for the program covered by this Agreement, whether from State, Federal, local this Agreement as Exhibit "B". This bUdget shall list all sources of funding or private sources, and shall identify which sources are paying for which specific portions of the program, by line-item, to the extent practicable. (b) 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 negotisted ,. between the City of San Bernardino Development Department and Subrecipient in ... the bUdget. Any travel expenses incurred by SUbrecipient above the budgeted amount or for out-of-state travel shall not be eligible for reimbursement unless the prior written approval of the Executive Director of Development Department of the City of San Bernardino, or designee, has been obtained. (c) Funds shall be used for PUrposes authorized by the CODDllunity 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. (d) 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 withholdings are actually paid over ,. " -3- I'J- i_ I'" '-" ~." -....I .., 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 Withholding and not iDDllediately paid over to another entity entitled to such payment. Upon such payment and the submission of evidence of such payment to the City of San Bernardino Development Department, such expenses shall be regarded as an allowable cost, and the City shall reimburse SUbrecipient for such obligation. (e) Subrecipient shall be allowed, with the prior written approval of the Development Department of the City of San Bernardino, to make changes as Subrecipient is in compliance with Section "2" of this Agreement at the to the bUdget during the first three (3) quarters of the fiscal year, so long time of submission of the bUdget modification request. A variation in the itemization of costs, as set forth in the proposed budget submitted to City, not to exceed ten percent (10%) as to any particular line item, shall be t1" ., allowed, provided that the prior written approval of the Executive Director of the Development Department of the City of San Bernardino is obtained, it being understood that the total amount of the grant shall not be varied thereby. (f) The parties intend that grant funds be utilized within the time period covered by this Agreement, and entitlement to any funds not expended or obligated shall revert to the City. No reserve for the future shall be established with the fundS except as may be authorized to meet but not yet paid for at the conclusion of this Agreement. cODDllitments made for services provided during the period of this Agreement, (g) Subrecipient shall remain in compliance with all state, federal and.local laws prior to the receipt of any reimbursement hereunder. , " -4- IJ- 1'" '--' ~ ....J ,. .... This includes, but is not limited to, all laws and regulations relative to the form of organization, local business licenses and any laws and regulations specific to the business and activity carried out by Subrecipient. Reimbursement shall not be made to SUbrecipient which is not operatiAg in compliance with all applicable laws. Reimbursements may be SUbsequently Paid, at the direction of the Executive Director of the Development Department for reimbursement costs incurred during the period when compliance is achieved before expiration of this Agreement. 5. AccountillR: Audit, (a) Prior to the final payment under this Agreement, and at such other times as may be requested by the Executive Director of the Development Department of the eity of San Bernardino, Subrecipient shall submit to the Director an accounting of the proposed and actual expenditures of all revenues from whatever source accruing to the organization for the fiscal year ending ,. .... June 30, 1992. (b) Financial records shall be maintained by SUbrecipient in accordance with Generally Accepted Accounting PrinCiples, and in a manner which permits City to trace the expenditures of funds to source documentation. All books and records of subrecipient are to be kept open for inspection at any time during the business day by the City, its officers or agents, and by any representative of the United States of America authorized to audit cODDllunity development block grant programs. (c) Standards for financial management systems and financial reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be fully complied with by SUbrecipient. Subrecipient acknOWledges that the funds provided are federal funds. , .... -5- r'L .". " , .... , \. ,-" v ,.-"", , '-'" (d) SUbrecipient's financial management system shall provide for accurate, current and complete disclosure of the financial results of each program sponsored by this Agreement. It is the responsibility of Subrecipient to adequately safeguard all assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. 6. Services Available to Residents: MonitorillR an" RellortillR Pro.ram Perfo?mAnee. The services of Subrecipient shall be made available to residents and inhabitants of the City of San Bernardino unless otherwise noted in Exhibit "A". No person shall be denied service because of race, color, national origin, creed, sex, marital status, or physical handicap. SUbrecipient shall comply with Affirmative Action guidelines in its employment practices. Subrecipient shall also monitor the program's activities and submit written reports quarterly, or more often if requested, to the Executive Director of the Development Department of the City of San Bernardino, in accordance with 24 CFR, Part 85.4l(c)(d) and Part 85.21. Failure to provide such quarterly performance reports may prevent the processing by City of SUbrecipient's requests for reimbursement, and may justify temporary withholding as provided for in Paragraph "11" hereof. City reserves the right to waive such breach, without prejUdice to any other of its rights hereunder, upon a finding by the Executive Director of the Development Department that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejUdice to the City. -6- Ji ~",......., '-' _""""""0 '--" " 7. Proeur..ant Praetiea: Cnn"iet of Interest. " SUbrecipient shall comply with procurement procedures and guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement Subrecipient shall maintain a code or standards of conduct which shall govern Standards". In addition to the specific requirements of 24 CFR, Part 85, the performance of its Officers, employees or agents in contracting with and expending the federal grant funds made available to Subrecipient under this Agreement. SUbrecipient's officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors regUlations, the standards adopted by SUbrecipient shall provide for or potential contractors. To the extent permissible by state law, rules, and penalties, sanctions or other disciplinary actiona to be applied for violations of such standards by either the SUbrecipients's officers, employees or agents, or by contractors or their agents. SUbrecipient shall prOVide a , ... copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so alert to organizational conflicts of interest or non-competitive practices as to provide maximum open and free competition. The Subrecipient shall be among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest prOVisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement. , \. -7- r2 c .--"'-. ~ ,. 8. Anti-Celt Baelt Pr.n,{siOllJl: EOIIal Eaml..-t Ollllortunitv, " this Agreement shall include a provision for compliance with the Copeland "Anti-lCick Back" Act (18 U.S.C. 874) as supplemented in Department ol Labor All contracts for construction or repair using funds provided under Regulations (29 CFR, Part 3). This Act provides that each contractor or subgrantee shall be prohibited from induCing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Subrecipient shall report all suspected or reported violations to City. All contracts in excess of $10,000.00 entered into by SUbrecipient using funds with Equal Employment Opportunity provisions established by Executive Order provided under this Agreement shall contain a provision reqUiring compliance Number l1246, as amended. , ... Any construction contracts awarded by Subrecipient using funds provided under this Agreement in excess of $2,000.00 shall include a provision 9. Prevailfn. Vaae ReauirI!!MlI!.1lt. for compliance with the Davis-Bacon Act (40 D.S.C. 276(a) to 276(a)(7)) and as supplemented by Department of Labor Regulations (29 CFR). Under this act, not less than the minimum wages specified in a wage determination contractors shall be required to pay wages to laborers and mechanics at a rate place a copy of the current prevailing wage determination issued by the determination made by the Secretary of Labor. In addition, contractors shall Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. Subrecipient shall report all suspected or reported violations to City. , " -8- th ,....",." "-"" '....,J .". 10. Allllroval of eitv of amr r.h-raes: Use of Proar_ Incoae. " (a) City hereby requires SUbrecipient to notify the City in writing, of its intent to ehsrge'a fee for any service, the provision of which is assisted pursuant to the Agreement. City requires Subrecipient to obtain Subrecipient for such services, and of any rules and regulations governing the the prior written approval of City for any charges or fees to be charged by provision of services hereunder. (b) Program income represents gross income received by the Subrecipient directly generated from the use of funds provided hereunder. Such earnings include interest earned on advances and may include, but will not be limited to, income from service fees, sale of CODDllodities, usage and rental fees for real or personal property using the funds provided by this Agreement. As to such income, it shall be first applied to eligible program activities, before requests for reimbursement and, in the use, shall be , .... subject to all applicable provisions of this Agreement. Income not so applied shall be remitted to eity. Subrecipient shall remit all unspent program income to the City within thirty (30) days subsequent to the end of the program year (June 30, 1993). 11. Temnorarv Wft-hhnldillR , San Bernardino is authorized to temporily withhold the payment of funds to The Executive Director of the Development Department of the City of Subrecipient when the 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. Subrecipient shall have the right to appeal the decision of the Executive Director to the Mayor and CODDllon , .... -9- I~ I __ c r"',,\ '-'" , Council. The sole grounds for such appeal shall be that no violation of the " Agreement has occurred. Subrecipient shall file such appeal within fifteen (15) days after such first Withholding. The Mayor and CODDllon Council shall . set a date for the hearing of such appeal which is within thirty (30) days following the date of filing. 12. Records Retention. all other records pertaining to the use of the funds provided under this Financial records, supporting documents, statistical records, and Agreement shall be retained by SUbrecipient for a period of three (3) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claim or audit findings inVOlVing the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this Agreement shall be retained , " for three (3) years after the final disposition of such property. 13. Pronertv "JlftA.fl!lB4I!Ilt Stllftdards. Non-expendable personal property, for the purposes of this Agreement, is defined as tangible personal property, purchased in whole or in part with federal funds, which has useful life of more than one (1) year and an acquisition cost of one-thousand dollars ($1,000.00) or more per unit. Real property means land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment. by funds provided under this Agreement shall be subject to the property Non-expendable personal property and real property purchased with or improved management standards set forth in 24 CFR, Part 85.32. f' \. -10- tl) , " , \. , \. c """", ....,,J 14. Te...fnAtion. for Ca1Ule. (a) City reserves the right to terminate this Agreement in accordance with 24 CFR, Part 85.43, and any and all grants and future payments under this Agreement, in whole or in part, at any time before the date of completion of this Agreement whenever City determines that the SUbrecipient has materially failed to comply with the terms and conditions of this Agreement. In the event seeks to terminate this Agreement for cause, City shall promptly notify the SUbrecipient in writing of the proposed termination and the reasons therefore, together with the proposed effective date. Subrecipient shall be given an opportunity to appear before the Mayor and Common Council at the time at which the Mayor and Common Council are to consider such recommended termination, and shall be given a reasonable opportunity to show cause why, if any exists, the Agreement should not be terminated for cause. Upon determination by the Mayor and CODDllon Council that the contract should be terminated for cause, notice thereof, including reasons for the determination, shall promptly be mailed to the SUbrecipient, together with information as to the effective date of the termination. Such notice may be given orally at that hearing. The determination of the Mayor and CODDllon Council as to cause shall be final. (b) In the event of any termination whether for cause or for convenience, SUbrecipient shall forthwith provide to the Development Department any and all documentation needed by the Development Department to establish a full record of all monies received by Subrecipient and to document the uses of same. -11- (Q '" '-. , "'" , ... 1""'\ V r'.".. .....". 15. rerafnAtion for Convtmfenc:e. City or Subrecipient may terminate this Agreement in whole or in part provided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expenditure of funds. In such event, the parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding Obligations as possible. City shall allow Subrecipient full credit for the City's share of the non-cancellable obligations properly incurred by the Sub recipient prior to termination. 16. Reversion of Assets. Subrecipient agrees that upon expiration of this Agreement, the Subrecipient shall transfer to the City any and all CDBG funds not used at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Subrecipient agrees that any real property under its control, which was acquired or improved, in Whole or in part, with CDBG funds in excess of $500.00 shall either, (i) be used to meet one (1) or the three (3) national objectives as set forth in 24 CFR, Part 570.208 until five (5) years after expiration of the Agreement or such period of time as determined appropriate by the City, or; (ii) is disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditure of, or improvement to, the property by SUbrecipient. Such reimbursement is not required after the periOd of time specified in "i" above. -12- 12- 1___ ... c ..-." ...,; 17. Hold Harmless. " Subrecipient agrees to indemnify, save and hold harmless the City and the Development Department and their-employees and agents from all liabilities and t1" ... , " Charges, expenses (including counsel fees), suits or losses, however occurring, or damages, arising or growing out of the use of or receipt of funds paid under this Agreement and all operations under this Agreement. Payments under this Agreement are made with the understanding that the City and the Development Department are not involved in the performance of services or other activities of the SUbrecipient. Subrecipient and its employees and agents are independent contractors and not employees or agents of City and the Development Department. 18. DPnd-ent. This Agreement may be amended or modified only by written agreement 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 any provision or provisions. 19. Asah.....ent. This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 20. .otices. All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: As to City: As to Subredpient ICENNETH J. HENDERSON Execdtive Director Development Department Economic Development Agency 201 North "E" Street, Third Floor San Bernardino, CA 92401 Inland Mediation Board, Inc. 420 North Lemon Street Ontario, California -13- It; I __ .,___. , '.... , , , " r"" '- '" ....) 21. BYid""'''-e of .lD~horitv. 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 the 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. 22. Certifieation of .A...urane.-. Subrecipient shall comply with the program requirements attached hereto as Exhibit "C", which are incorporated by reference as though fUlly set forth at length and made a part of this Agreement by execution of all certifications and assurances of the CDBG program. 23. Entire Alrreaent. This Agreement and any document or instrument attached hereto or referred to herein integrates all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement, and any such document or instrument, the terms and conditions of the Agreement shall prevail. 24. Ko Third Pertv Beneficiaries. No third party shall be deemed to have any rights hereunder sgainst any of the parties hereto as a result of this Agreement. -14- r".L , " , " , " f""\ V ~.... v FY 1992/1993 CDBS AGb.I5nur BBnrJW'l CITY AlID IlILAlID IIBDIATIOK BOARD, IKC. FAIR BOUSIKG AlID DlPLEMEIr.rArIOK OF AlULYSIS OF IMPEDDIBlITS IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. ATTEST: CITY OF SAN BERlWmIKO By: City Clerk W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: '"- ~- ' B r It ~...&z- BY: ~~ 8It~ Secretary 0 JAMES F. PDMAN, C1<y ..,,~ BY~ ~avJ AJB:lag:0788E Rev. 05/1992 -15- ,I) c r""~ '-" '" " CITY OF SAIl RlnI1rnnUO DIVBLOPIIEIIr DBPAmu1n- "Certification BDd Assurance" (To Acc~ CDBG Agre_ent) I, Betty Davidow. Executive Director (Kame and Title of Official) , of the Inland Mediation Roarrl (Name of AgencY/Oraanization) located at 420 North r~emQn Avpnl1P Ont'.A,.in. "-4 Q17Ft6. (Address of AgencY/Organization) do hereby make the following certification and aseurance to accoaP&D7 the CoDDllUUi ty Development Block Grant Agreement between Tnl~n~ V6~~a~f^" ~^~~A (Kame of AgencY/Organization) and the City of San Bernardino: a) Certify that the information booltlet for CDBG Proaraa requiremente hae been read and UDderetood, and , " b) As.ur. that the Inl~nd MptH.Af"inn Rn.A"'~ (Kame of AgenCY/Organization) will comply with all governina requirements as stipulated herewith in the performance of the CDBG Agreement. IJ~ ~16At ~ ' (Si&na~re of Officia ~.b~~ (Dat Development Department (Date) , "" AJB:llltc:2437J Ii o -- INLAND MEDIATION BOARD'S FAIR HOUSING PROGRAM .r~..... , Three areas of service are provided, they are: Mediation Outreach Education ... SCOPE OF SERVICES Education Public 1. A high school subject course is taught covering housing rights and responsibilities. 2. Free public workshops are held twice a year (November 1991 - Fontana, Pomona, San Bernardino, Barstow, Vic- torville) . ProDerty OWners 1. Apartment OWners Association CAM courses on Fair Hous- , .... ing 2. Quarterly Fair Housing Newsletter distributed to all property owners updating recent court decisions and other related activities on fair housing legiSlation. 3. Participate in general workshop or special events for the property owners. 4. Disseminate fair housing posters for business offices. Mobilehome ~ OWners/Residents 1. Provide workshops on HRl158 (1988 Fair Housing Law). Realtors 1. Teach fair housing educational courses as credit for license renewal. 2. Periodical fair housing seminars for the Board. 3. Provide workshops for individual broker offices. MuniciDality 1. . Provide fair housing seminars for appropriate staff to update the current laws and court decisions. , " 2. Provide technical assistance on housing issues. EXHIBIT A-I 9 ,I} Outreach 1. Mass a. mecC Radio (1) Spanish - regular live hours shows KNSE-AM, I'-."'~ ......." ... " RCAL-AM, RDIF-AM. (2) Public announcements for Fair Housing work- shops in all countywide stations. b. Television (1) Guest spots on local cable interview shows. (2) Public announcements for Fair Housing work- shops in most countywide cable stations. c. Newspapers (1) Advertising for fair housing workshops. (2) Feature stories on fair housing month. (3) Community services articles. (4) Housing Associations journal articles/ adver- , ... USing. d. Public appearances (1) Service clubs (2) Provide presentations to any civic or private agencies. e. Brochure distribution (1) Twice a year - sent to public and private agencies for client dissemination. Mediation , " A. Counsel complaining individuals with housing problems their civil rights under both the Federal and State Fair Housing law. B. Accepting complaints from individuals alleging discrim- ination in housing. EXHIBIT A-2 10 1:1 I __ ,(111.' '"",, , ... , .... C. When <:) testing program is plaint cases will be turned r" in Pl~4 appropriate com- over for testing relating to alleged discrimination. Making an effort to negotiate or mediate cases of discrimination in housing and if unsuccessful refer cases to the State Department of Fair Employment and ~. Housing or HUD Fair Housing. Administration D. A. Hiring, salary, benefits, and full responsibility for its staff; B. Training volunteers to handle mediation sessions, perform telephone counseling, and initiate complaint resolution; C. PUblicizing the existence of the Board throughout the service area; D. Acting as referral agency for those persons who require technical or professional information as may be avail- able from existing community organizations or other institutions; and E. Prepare monthly discrimination statistical reports on the numbers of complaints and the categories of alleged discrimination; F. Handling all administrative duties pertaining to ac- crued costs of operation and paying all bills; G. FurniShing the County, Commission and City with a copy of a financial audit completed within 12 months of execution of the contract, but in no case later than November 30, 1993. EXHIBIT A-3 11 r'J- INLAND MEDIATION BOARD 1 714 468 82T4 p.e2 InJa'nd MediaC:on Soard ,,~,,"- " ACTIVITY DESCRIPi'IOH INLAND HEDIA'l'ION BoARD ~ .. ... !['his project actJ,vity is desiqned to C01lPlellent the strategy for increasing housing oPPOrtunities to~ members ot Dinorit~ groups and fe.ale-bead of bouseholds and inclUding efforts to aChieve special daconceneration of such housinq oPPortunities and actions to affirmatively further fair housing. !['he projected budget for Fair Housing services. EAm HOUSING Projected Budget July 1, 1992 through June 30, 1993 EXPENSES: City of Sau Be&'n&rd:lno Salaries 34% 1. Personnel a. Wag.. 44,7~8 10,735 b. Fringe Benefits gt 4,000 960 c. Workers Comp. 1_000 240 SUb total 49,728 11.935 2. Consultant/Contract Service 600 ll. AUdit/Bookk.eping 2,500 b. COnputer Maintenance 510 122 c. Copier Kaintenance 510 122 3,520 844 tJII' , 3. 'l'ravel 650 l.56 4. Space Rental 9,360 2,246 5. Consumable Supplies 540 a_ Ceneral Oftice Supplies 2,250 b. Postage 1,100 264 48 o. Workshop 200 24 d. ~alninq Haterial 100 876 3,650 6. Rental, Lease or Bqulpltent Purchase 60 a. com~uter Software/consultant 250 480 b. Cop1er Leasing 2.000 SiiO 2,250 7. Insurance 660 a. Business and Property Liability 2,750 b. Personal Liability Errors and 30Q Ollliasions 1.250 960 4,000 8. Other: a. Telephone 10,500 2,520 b. Promotion and AlIvertising 650 156 c. Office Clean1ng 450 108 11,600 2,784 Total $84,758 $20,342 , 6 .... 420 N. Lemon Avenue . Ontario. CA 91764 · (714) 984-2254 . (8001321-0911 EXHIBIT B-1 r'l INLAND "EDIATION BOARD l 714 468 8274 P.8S . , . . \ , .."..... FAIR HOUSING ... ONTAaIO 14' " $11,8156 RANCHO CUCAHOlfGA lot 8,476 OPLAND In 10,171 SAN BERNARDINO 24t 20,342 COtlNTy OF SAN BBRNARDINO 21' 22,885 FONTANA 134 11,018 $84,758 , \., ,. \. 7 EXHIBIT B-2 II)