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HomeMy WebLinkAboutR13-Redevelopment Agency """~" ...j \...t , DEVBLOPIIE.T DBPARTIIE.T OF 1'IIB CITY OF SAK BERlWIDlKO '". REOUlI:ST FOR CO.-uSSIOII/comreIL ACTIO. From: ICENNETH J. HENDERSON EXecutive Director Subject: FY 1992-1993 CDBS AGI.Iwu5n-J: BBnr6UI 1'IIB CITY AlID IlILAlID IIBDIATIO. BOARD, IKC. - CONFLICT RESOLUTIO. AlID HOUSIKG IIBDIATIO. Date: June 30, 1992 ---------------------------------------------------- Svnollsis of Previous r.ftmMissionleoun~il/e~ittee Actionls): On February 17, 1992, the Mayor and Common Council approved and adopted the FY 1992/1993 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 1, 1992 at 3:00 p.m., for the date and time certain of the FY 1992/1993 CDBG Public Hearing. On June 1, 1992, the Mayor and Common Council reviewed recommendations submitted by the CODDllunity Development Department Citizen Advisory Committee and approved same for CDBG funding assistance for Fiscal Year 1992/1993. , -.. ------------------------------------------------------- RecommPn"ed IIOtionls): (Mavor _If e~on Council) RESOLUTION OF 1'IIB MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOClC GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND MEDIATION BOARD, INC. - CONFLICT RESOLUTION AND HOUSI DIATION. ~O. Executive Director Contact Person(s): ----- ---------- lCenneth Henderson/Art Hassel Phone: 5081 Project Area(s): All Proiect Areas Ward(s): All Wards Supporting Data Attached: Staff Renort: Resolution: Exhibits FUNDING REQUIREMENTS: Amount: $ 5.000.00 Source: FY 92/93 CDBG LOC -------------------------------------------------------------------------- Budget Authority: Previouslv Established 6/1/1992 CODlDissionleouncil .otes: , \, ---------------------------------------------------- ICJH:SWP:AB:dls:2489J COI!IIISSIO. IlEETIKG AGENDA lleetina Date: 07/20/1992 Agenda Ita lfullber: /3 .... " , , , "'" ,r'--" - - DBVELOPKEKT DEPARTKEKT OF THE CITY OF SAN IlD1fARDlKO STAFF REPORT Inlsn" Mediation Board. In~. _ eonflict Resolution ....... HOURfn. Mediation FY 1992/1993 COBS AareeBent On June 1, 1992, the Mayor and Common Council conducted the FY 1992/1993 CDBG Public Hearing and awarded CODDllunity Development Block Grant funds to certain public service, capital improvement and fair housing projects. Agreements are now required to implement aaid projects. The attached Agreement between the City and Inland Mediation Board, Inc. - Conflict Resolution and Housing Mediation, includes a "scope of services" and "program bUdget", referred to in the Agreement as Exhibits "A" and "B", respectively. These Exhibita are incorporated by reference as though fully set forth at length. Adoption of the attached Resolution by the Mayor and Common Council authorizes and directs 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 unlea. and until minute. from the nonprofit agency's board meetings over the last twelve (12) montha and financial statements, preferably audited, have been submitted to the Department. Staff recommends adoption of the attached Resolution. ~~. __1_ ......H Development Department ------- ------------------------------------- ICJH:SWP:AB:dls:2489J COIIIISSIOK IIDTIKG AGElIDA Keet1n& Date: 07/20/1992 Agenda It. lImIber: -1l ,. " I 2 3 4 5 6 7 8 9 10 11 12 13 14 ..,...... :) I..,...- DSOLDrIOJf IlJNlwr DSOLDrIo. OF TIIB IIUOR AlID COJR). COUlICIL OF TIIB CITY OF SA!' RlruunIIIO .lD1'BORIZIS AlID DIDCTIS TIIB DlClJTIO. OF A COIIwIl.lTl' DBVBLoPllUr BLOCZ GRA1IT lIllIDIKG ACRIrIlaur BE7WXa TIIB ern OF SA!' BEUARDIlIO AlID TlIUIIn IIBDIArIO. BOARD, IKl;. _ COIFLICT DSOLUTIO. AlID BOUSIKG IIBDIATIO. BE IT DSOLVBD BY TIIB IIAYOR AlID COJII). COUlICIL OF TIIB eITI' OF SA!' R1r1l.unIBO U FOLLOWS: SectiOll 1. (a) The Mayor of the City oE San Bernardino 18 hereby authorized and directed to execute, on behaU of the City, an agreeaent for Community Development Block ~rant fundina with Inland Mediation Board, Inc. - Conflict Reaolution and Housin. MediatiOll, which agreement i. attached hereto.. lzhibit "1", and i. incorporated herein by referenced a. though fuly aet forth at length. The agreement prOVides , " 15 following amount of $.4QQg. for the granting of Community Development Block Grant funds in the 16 SectiOll 2. 17 (a) The AuthorizatiolUl to execute the above referenced agreement 18 i. re.cinded if the partie. to the acreement fail to execute it within 19 .uty (60) day. of the pas.age of th18 Re.olution. c 20 III 2] III 22 III 23 III 24 III 25 III. 26 III 27 III 28 III - 1 - I~ 1 II'" 2 ". 3 4 5 6 7 8 20 2J 22 /",.... ',-",' ,....'''''' ~ RESOLUrIOK OF DB elrt OF UK RRllluIPnyKO ADTHonZIJR: DB DBCDrIO. OF A eDBG .lGUEloJur IIITWku DB Clrt AlID I1ILA1ID lIBDuno. BO.lRD, IKC. _ COlll'LIcr RESOLUrIO. AlID BOUSIKG lIBDuno. I HEREBY CERTIFY that the foregoing Reaolution w.. dult adopted by the Mayor and Co_on Council of the City of San Bernardino at a aeeting thereof, held on the day of , 1992, by the following vote, to wit: .uBI DD .aR~.TW' AB.- Ci ty Clerk of The foregoing resolution ia hereby approved thia , 1992. day W.R. Holcomb, Mayor 23 Approved aa to form and legal content: 24 JAMES F. PENMAN, 25 City. A~ttorney By: _ ~~ 26 / 27 2478J 28 , \. - 2 - r3 r V STATE OF CALlFOQIA ) eoURTY OF SAN BERNARDIKO ) aa CIT!' OF SAN BEiKARDIKO ) I, City Clerk of the eity of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor and eommon eouncil of the City of San Bernardino Reaolution Ko. ie a full, true and correct copy of that now on file in thie office. IK WITlESS WHEREOF, I haTe hereunto aet ~ hand and afflzed the official aeal of the Mayor and Coaaon Council of the City of San Bernardino thie _ day of , 1992. City Clerk ei ty of San Bernardino By: Deputy - 3 - ,')., /""'. '-' r" , ,,"'.... ... ..... .lC...M..r THIS AGUliI'IISl'lT 18 entered into effective as of the 1st day of Julv 1992, at San Bernardino, California, between the City OF SAN BERNARDINO, a municipal corporation, referred to as "City", and I1ILA1ID IIBDIATIOK BOARD. mc. COlIFLlcr RESOLlJ'rIOK AlID BOUSDG IIBDIATIOK, a nonprofit COlllllUnity service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. _eel!:.l... Block Grant Program from the UDited States of America to City. fiscal year 1992/1993 from funds available through the Community Development (a) Subrecipient has requested financial assistance from eity for ,. \. this Agreement are for complement the strategy for increasing housing (b) Subrecipient represents that the expenditures authorized by opportunities for Members of minority groups and female head of households with efforts to achieve special deconcentration of such housing opportunities and action to affirmatively further air housing, which are valid and eligible will be used for no purpose other than those purposes specifically federal law and regUlations, and that all funds granted under this Agreement community development PUrposes, as defined in CFR Part 570 in accordance with authorized. The specific purposes and scope of services of this partiCUlar Agreement as though fully set forth herein. grant are set forth in EXhibit "A", attached hereto and incorporated into this f' "'" -1- J~ r V ~_."" "..I (c) Subrecipient will comply with applicable uniform ..... ;' administrative requirementa, aa described in 24 CFR, Part 570.502. , ... ,. .... (d) Subrecipient will ,carry out each activity, program andlor project in compliance with all federal lawa and regulation. aa set fprth in 24 CFR, Part 570, with the following exceptions, (i) the SUbrecipient does not assume the environmental responsiblitiea of the Grantee aa described in 24 CFR, Part 570.604, and; (ii) the Subrecipient doe. not asaume the Grantee's responsiblitie. for initiating the review procesa under Ezecutive Order Number 12372. (e) Subrecipient will comply with the requirements set forth in the Uniform Relocation Asaistance and Real Property Acquisition POlicy Act of 1970, aa amended, (ORA), 49 CPR, Part 24 in accordance with federal regulationa 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 confine. of ORA 49 CFR, Part 24, aa amended. 2. Pa"'I!D~.. City shall reimburse Subrecipient for allowable Costa incurred under the acope 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 $5,000. 3. %elL lW. Thia Agreement ahall CODDllence Julv 1. 1992, and terminate June 30, -2- J3 ,....... \ . '-' ....', J 4. D.. D' Innd.: Bud..t:: Tra..l Luitaticm.. , with the program budget aubmitted by Subrecipient to the City of S8II. the purpoaea aet forth in Paragraph l(b) of this Agreement, and in accordance (a) the funda paid to Subrecipient ahall be used by it aolely for ... Bernardino CODDllunity Development Department, a copy of which ia attached to this Agreement aa Exhibit "B". Thia bUdget ahall liat all aources of funding for the program covered by this Agreement, whether from State, Federal, local or private sources, and shall identify which sources are paying for which specific portiona of the program, by line-item, to the extent practicable. in thia program Unlesa apecifically liated in the bUdget as submitted and (b) No Travel expenses for out-of-state travel shall be included approved, and all travel expenaea to be funded from funda provided hereunder ahall be apecifically identified aa travel expense, which ahall be negotiated , " between the City of San Bernardino Development Department and Subrecipient in the budget. Any travel expensea incurred by Subrecipient above the budgeted amount or for out-of-atate travel ahall not be eligible for reimbursement Department of the City of San Bernardino, or deSignee, haa been obtained. Unlesa the prior written approval of the Executive Director of Development hereby ahall be used for any purpose not apecifically authorized by this Development Bloelt Grant Program only, and no portion of the funds granted (c) Funds ahall be used for purposea authorized by the CODDllunity Agreement. an allowable cost. Any amountB withheld by Subrecipient from an employee'S (d) Only net payroll ahall be periodically reimbursed by City as pay for taxes, aocial aecurity, or other withholdings are actually paid over to another entity, shall not be included aa wages or expenses eligible for ~ " -3- I~ o "._',,"" ,-' , " reimbursement aa an allowable cost until auch time as the withheld taxes, aocial aecurity, or other Withholding and not immediately paid over to another entity entitled to auch payment. , Upon auch payment and the aubmission of evidence of auch payment to the City of San Bernardino Development Department, such expenses shall be regarded as an allowable coat, and the City shall reimburse Subrecipient for such oblilation. of the DeVelopment Department of the City of San Bernardino, to make changes (e) Subrecipient shall be allowed, with the prior written approval time of aubmiaaion of the budget modification request. A variation in the as Subrecipient is in compliance with Section "2" of thia Agreement at the to the budget during the first three (3) quartera of the fiacal year, so long itemization of coata, as aet forth in the proposed budget aubmitted to City, not to exceed ten percent (lOX) as to any particular line item, shall be . 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 partiea intend that grant funda be utilized within the time period covered by thia Agreement, and entitlement to any funds not shall be established with the funda ezcept aa may be authorized to meet expended or oblilated ahall revert to the City. Ko reaerve for the future but not yet Paid for at the conclusion of thia Agreement. commitments made for servicea provided durina the period of this Agreement, federal and local laws prior to the receipt of any reimbursement hereunder. (g) SUbrecipient ahall remain in compliance with all atate, This includes, but ia not limited to, all lawa and regulations relative to the form of organization, local business licensea and any laws and relulations ,. " -4- I~ .r"~ \.... r<, ....,I ". Reimburaement ahall not be made to Subrecipient which 18 not operating in .... compliance with all applicable lIwa. Reimburaementa may be aubaequently Paid, specific to the busineaa and activity carried out by Subrecipient. before exPiration of this Agreement. reimburaement coata incurred during the period when compliance is achieved at the direction of the Executive Director of the Development Departaent for 5. Aeeountfn_: Audit. Department of the City of San Bernardino, Subrecipient ahall aubmit to the other timea as may be requeated by the Executive Director of the Development (a) Prior to the final payment under th18 Agreement, and at auch Director an accounting of the propoaed and actual expenditurea of all revenues from whatever source accruing to the organization for the fiscal year ending June 30, 1992. (b) Financial recorda shall be maintained by SUbrecipient in ,. accordance with Generally Accepted Accounting Principles, and in a manner '" which permita City to trace the expenditures of funds to aource documentation. All booka and records of aubrecipient are to be kept open for inspection at any time during the busine.a day by the City, ita officers or to audit community development bloclt srant programs. agents, and by any representative of the United States of America authorized (c) Standarda for financial management ayatems and financial reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be fully complied with by SUbrecipient. Subrecipient acknowledgea that the funds provided are federal funda. ,.. , -5- /2 '" " , \. , " ",,"", r', -' , '-..I (d) SUbrecipient's financial aanagement system ahall provide for accurate, current and complete disclosure of the financial results of each program sponsored by th18 Agreement. It 18 the responsibility of Subrecipient to sdequately safeguard all assets of the program, and SUbrecipient.ahall assure that they sre used solely for authorized purposes. 6. Serriees AYaUable to Residents: IIonttorillR ..... RellOrtfn. Pra.r_ Perfo~ft-=I!!_ the aervices of Subrecipient shall be made available to residents and inhabitants of the City of San Bernardino unlesa otherwise Doted in Exhibit "A". Ko person shall be denied service because of race, color, national origin, creed, aex, marital atatus, or physical handicap. Subrecipient shall comply with Affirmative Action guidelines in its employment practices. Subrecipient shall alao monitor the proaram'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 85.41(c)(d) and Part 85.21. Failure to prOVide such quarterly performance reports may prevent the procesSiDg by City of Subrecipient's requests for reimbursement, and IIlaY justify temporary withholdina 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 waa due to extraordinary circumstances and that such breach has been timely cured without prejUdice to the City. -6- ,~ r', ......, ,....,""" -.....I 7. " Subrecipient shall comply with procurement procedures and PrOeDrtl!llll!!llt: Praetil!!8: COIl'] iet of IDtl!!reat. '" guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement the performance of its Officers, employees or agents in contracting with and Sub recipient shall maintain a code or standards of conduct Which shall govern Standards". In addition to the specific requirements of 24 CFR, ParJ; 85, expending the federal grant funds made available to Subrecipient under this Agreement. SUbrecipient's Officers, employees or agents shall neither solicit nor accept gratuities, favore, or anything of 1I0netary value from contractors penalties, sanctions or other disciplinary actions to be applied for regulations, the atandards adopted by Subrecipient shall provide for or potential contractore. To the extent permiseible by state law, rules, and violations of such standards by either the SUbrecipients's Officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a t1" copy of the code or standards adopted to City forthwith. All procurement ... transactions without reaard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices restrain trade. Subrecipient agrees to adhere to conflict of interest among contractors which may restrict or eliminate Coapetition or otherwise under this Agreement. specified in 24 CFR, Part 85.36, in its expenditure of all funds received provisions set forth in 24 CFR Section 570.611 and to the procurement rules 8. Anti-~ielt Baelt ProvisiOllJl: Eoual Eamlo....ent ODDortunttv. All contracts for construction or repair using funds provided under this Agreement shall include a provision for eOllpliance with the Copeland , , -7- 1-1 ..." , '-" ~'"" -.....,I '" Regulations (29 CFR, Part 3). Thia Act provides that each contractor or " subgrantee ahall be prohibited from inducing, by any means, any person "Anti-Kick Back" Act (l8 U.S.C. 874) aa aupplemented in Department of Labor employed in the construction, completion or repair of public work, to give up any part of the compensation to which he/ahe is otherwiae entitled. Subrecipient shall report all suspected or reported violations to City. All contracta in ezcess of $10,000.00 entered into by Subrecipient uaing funds Number 11246, aa emended. with Equal Employment Opportunity proviaions establiahed by Executive Order provided under this Agreement ahall contain a provision requiring compliance 9. PreY_flf... Va.. .ecmlrll!llllt!!Dt.. provided under thia Agreement in excess of $2,000.00 shall include a provision for compliance with the Davia-Bacon Act (40 U.S.C. 276(a) to 276(a)(7)) and as Any construction contracta awarded by Subrecipient uaing funds , , supplemented by Department of Labor RegUlations (29 CFR). Under this act, not less than the minimum wagea apecified in a wage determination contractora shall be required to pay wages to laborera and mechanics at a rate determination made by the Secretary of Labor. In addition, contractors shall place a copy of the current prevailing wale determination iaaued by the Department of Labor in each aolicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. Subrecipient shall report all auspected or reported violations to City. 10. ADDro".l of City of 8DY I!h-rae.: n.e of PrftRr.. I1U!OIle. (a) City hereby requires Subrecipient to notifY the City in writing, of its intent to chsrle a fee for any aervice, the proviaion of which is assisted pursuant to the Agreement. City requires Subrecipient to obtain ,. " -8- .2 """ '- "'" .......,.1 the prior written approval of City for aQy chargea or feea to be charged by , Subrecipient for auch aervicea, and of aQy rules and regulations governing the " proviaion oE aervices hereunder. SUbrecipient directly generated from the use of funda provided hereunder. (b) Program income repreaenta groaa income received by the Such earnings include interest earned on advancea and may include, but will not be limited to, income from service Eees, aale of commodities, usage and rental fees for real or personal property using the funds provided by this Agreement. As to auch income, it ahall be Eirn applied to eligible program activities, before requesta for reimbursement and, in the use, ahall be ahall be remitted to City. Subrecipient ahall remit all unspent program subject to all applicable provisions of this Agreement. Income not ao applied income to the City within thirty (30) days aubsequent to the end of the program year (June 30, 1993). , , 11. t'l!!IIIDftrarv wt""""ldfft_. San Bernardino is authorized to temporily withhold the payment of funda to The Executive Director of the Development Department of the City of haa Occurred. Funds ahall be withheld until the violation ia eorrected to the Subrecipient when the Director determines that aQy violation oE thia Agreement satiaEaction of the Executive Director. SUbrecipient ahall have the right to appeal the decision of the Executive Director to the Mayor and Common Agreement haa occurred. Subrecipient shall file auch appeal within fifteen Council. The aole grounds for auch appeal shall be that no violation of the (15) days after such first withholding. The Mayor and Common Council ahall set a date for the hearing of such appeal which ia within thirty (30) days following the date of filing. , .... -9- I~ .,""",~, ,.,'''"'' '-' '",.,# 12. Reeortt.. ..t.f!fttfOD. ,,"' Financial records, aupporting documenta, atatiatical recorda, and '~ all other records pertaining to the use of the funda provided under this Agreement &hall be retained by Subrecipient for a periOd of three (3) years, at a minimum, and in the event of litiaation, claim or aUdit, the records shall be retained until all litiaation, claim or audit findings involving the for three (3) yeara after the final diaposition of auch property. acquired with federal funda provided under thia Agreement shall be retained records, have been fully resolved. Records for non-expendable property 13. Pronern ...........l!!Ilt St.al'ldard8. Agreement, ia defined aa tangible personal property, purchased in whole or in Bon-expendable peraonal property, for the purpoaea of this part with federal funda, 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 improvementa, structures and appurtenances thereto, ezcluding movable machinery and equipment. by funds prOvided under this Agreement shall be aubject to the property Bon-expendable peraonal property and real property purchased with or improved management atandards aet forth in 24 CPR, Part 85.32. 14. re~fn.tfon Eor Ca1lae. under this Agreement, in whOle or in part, at any time before the date of accordance With 24 CFR, Part 85.43, and any and all arants and future payments (a) City reservea the right to terminate thia Agreement in completion of this Agreement whenever City determinea that the Subrecipient has materially failed to comply With the terma and conditions of this Agreement. . In the event aeeks to terminate this Agreement for cause, City "" " -10- ,.'2. " '.... ,. -.. , " T"..... /...~...... -...J ~ shall promptly notify the Subrec1pient in writing of the proposed termination and the reasons therefore, toaether with the proposed effective date. SUbrecipient shall be given an opportunity to appear before the Mayor and CODDllon Council at the time at which the Mayor and CODlllon Council are to consider suth 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 Common Council that the contract should be terminated for cause, notice thereOf, including reasons for the determination, ahall promptly be mailed to the Subrecipient, toaether with information aa to the effective date of the termination. Such notice may be given orally at that hearing. The determination of the Mayor and Common 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. 15. re~fnAtfon. for Con....tmfen.el!!. 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 CODlllensurate with further expenditure of funds. In such event, the parties ahall agree upon the termination conditions, inClUding the effective date and, i~ 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 -11- .;). c /^.-" '-..J cancel as mauy outstanding obligationa aa Possible. City shall allow ... Subrecipient full credit for the City'S share of the non-cancellable Obligations properly incurred by the Subrecipient prior to termination. 16. Re.~r.f01l oE bBet:s. " funds. Subrecipient aareea that BII7 real property under its control, which time of expiration and BII7 accounts receivable attributable to the use of CDBG Subrecipient shall tranafer to the City BII7 and all CDBG funds not used at the Subrecipient agrees that upon expiration of this Agreement, the $500.00 shall either, (i) be uaed to meet one (I) or the three (3) national was acquired or improved, in whole or in part, with CDBG funds in excess of objectives as set forth in 24 CPR, 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 lllarket value of the , " improvement to, the property by Subrecipient. Such reimbursement is not property less any portion thereof attributable to expenditure of, or required after the period of time specified in "1" above. 17. Bold Sarall!!... Subrecipient agrees to indemnit.J. save and hold harmless the City and the Development Department and their employeea and aaents from all liabilities and chargee, expenses (including Counsel fees), suits or losses, however funds paid under this Agreement and all operations under this Agreement. occurring, or damages, arising or growing out of the use of or receipt of Payments under this Agreement are made with the understanding that the City and the Development Department are not involved in the performance of services , , -12- If). ,..' ..... , , , " r""~ i.-- ""--"""'. '-" 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. .""''''Mlt. This Agreement lIay 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 ahall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 19. A88i"'-I!Ilt:. This Agreement shall not be assigned by SUbrecipient without the prior written consent of City. 20. Koticea. All notices herein required shall be in writing and delivered in person or sent certified lIail, postage prepaid, addressed as follows: As to eity: ICENNETH J. HENDERSOB Executive Director Development Department Economic DeVelopment Agency 201 Borth "E" Street, third Floor San Bernardino, CA 92401 As to Subrecipient Inland Mediation Board, Inc. 420 Borth Lemon Street Ontario, California 21. bidll!lle. oE .lut'1'IInritv. 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 Subredpient, that the person(s) executing it are authorized to act on behalf of Subrecipient, and that this Agreement is a binding obligation on Subrecipient. -13- ,'2. '"'" ..''\ ,,,.; '-" 22. Cl!!rtiffeatiOll Df J.-lI1IrAftee. "'.. Subrecipient .hall comply with the program requirements attached "-..... hereto a. Exhibit "C", which are incorporated by reference.. though fUlly .et forth at length and ..de a part of thia Agreement by execution of all certifications and assurances of the CDBG program. 23. Bntfrl! A-rel!lllll!!ftt. incidental hereto, and .uper.ede. all neaotiationa and prior writing in referred to herein integrates all terma and COnditions mentioned herein or Thia Agreement and an,y document or inatrument attached hereto or instrument, the terms and conditiona of the Agreement .hall prevail. terms, conditiona or provi.ions of thi. Agreement, and an,y such document or respect to the .ubject ..tter hereOf. In the event of conflict between the 24. .0 Third P.r~ Beneflelaries. , against ... 1/1 1/1 1// 1/1 1/1 11/ 1/1 1/1 1// 1// 1/1 Ko third party .hall be deemed to have an,y right. hereunder an,y of the partie. hereto a. a result of thia Agreement. , " -14- ,.2. .f6"", V """' .....'" n 1992/1993 CDBG ~ IlBJWAu eITY AlID I1ILA1ID IIBDIATIO. BOARD, IlfC. eOKFLICT DSOLDTIOK AlID BOUSIIG IIBDIATIO. , IN WITNESS WHEREOF, the partie. hereto have executed this Agreement on the date and year firat hereinabove written. " ATTEST: CITY OF SU IlEUARDUO City Clerk By: W.R. Holcomb, Mayor City of San Bernardino SUBIIeIPIDr Approved as to form and legal content: JAMES F. PElVfAB, C1"A~~ By: '-~Dv ./ ,. AJB:lag:0789E ... Rev. 05/1992 ,. , ~- ') ........ ~ ,,......,, ......,I , eIR OF SO BERNARDllO DEVELOPI'IBRr DBPARnmnr " "Certification and Assurance" (To Accolllp~ CDBS Aaret!llent) I, Betty Davidow. Executive Director (Name and title of Official) , of the Inland Mediation Board (Name of Agency/Organization) located at 420 North J,@mon AVl:llnlllll nn~",..in r.A Q171.6. (Address of Agency/Organization) do hereby make the fOllowing certification and assurance to accompany the Community Development Block Grant Agreement between Tnl~n~ MA~i~~fnft Rn&~~ (Name of Agency/Organization) and the City of San Bernardino: , , a) Certify that the information booklet for CDBG Program requirements has been read and understood, and b) Assure that the Inland M"dhHnn Rn.....! (Name of Agency/Organization) will comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. f;AtA ~16~~ ' (Si&n~re of Offieia .b ~J- ~(DatJ2 Development Department (Date) ,. , AJR:llkc:2437J /2.. ;t""'~ <'.".. - ~ , " INLAND MEDIATION BOARD HOUSING MEDIATION SCOPE OF SERVICES The Housing Mediation Program services to be provided by Inland Mediation Board consists of the following: Housin9 Mediation: Scone gf Services 1. Hiring, salary, benefits, and full responSibility for its staffr 2. Training volunteers and prOfessional st~ff to handle mediation sessions, perform telephone counseling, and initiate complaint resolutionr 3. PUbliciZing the existence of the Board throughout the service arear 5. 4. Acting as referral agency for those persons who require technical or prOfessional information as may be available from eXisting community organizations or other institutionsr and Handling all administrative duties pertaining to ac- crued costs of operation and paying all billsr , " 6. FurniShing the City with a copy of a financial audit completed within 12 months of execution of the con- tract, but in no case later than November 30, 1993. 7. Making an effort between landlords Civil Code. to negotiate or mediate and tenants following a remedy California 8. Assist the city's mobile home park coordinator with resident/owner/manager problem solving. 9. Prepare monthly statistical report on HOusing Mediation broken down into problem areas. 10. Promote working relationship with the following city departments in imprOVing housing conditions: A. Housing Code Enforcement B. Environment Health C. Community Development D. Redevelopment , , EXHIBIT A 9 n ,....'." '" -.J \",.i Inland Media..ion Board ACTIVITY DESCRIPTION INLAND MEDIATION BOARD " ''Ii> This project activity is designed to complement the strategy for increasing housing opportunities for members of minority groups and female-head of households and including efforts to achieve special deconcentration of such housing opportunities and actions to affirmatively further fair housing. ' , The projected budget for Housing Mediation services. EXPENSES: Salaries 19% 1. Personnel a. Wages 8,498 b. Fringe Benefits 10.7% 850 c. Workers Compo 190 SUb total 9,538 2. Consultant/Contract Service f'" a. AUdit/Bookkeeping 475 ", b. Computer Maintenance 100 , Copier Maintenance 1.QD. c. 675 3. Travel 125 4. Space Rental 1,778 5. Consumable Supplies a. General Office Supplies 450 b. Postage 210 c. Workshop 50 d. Training Material --2.5. 735 6. Rental, Lease or Equipment Purchase a. Computer SOftware/Consultant 50 b. Copier Leasing !M 450 7. Insurance a. Business and Property Liability 525 b. Personal Liability Errors and Omissions ~ 775 8. Other: a. Telephone 2,000 b. Prollotion and Advertising 125 ,. 2,125 "" Total $16,201 HOUSING MEDIATION Projected BUdget July 1, 1992 through June 30, 1993 7 420 N. Lemon Avenue · Ontario, CA 91764 . (714) 984-2254 . IRnnl "'H_^".. , ~