HomeMy WebLinkAbout25-Community Development
From: Kenneth J. Henderson, Director
REQUEST FOR COUNCIL AC"l:~ON
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Subje<<:
Approval of FY 1987/1988 CDBG
Agreement between City and
Inland ~1ediation Board
.CI~:Y OF SAN BERNARDIt,lO -
Dlpt: Community Development
on.: June Z, 1987
Synopsis of Previous Council ectlon:
On May H~, 1987, the Hayor an" COMmon Council considered and approved certain
FY 1987/1988 eligible projects, prc;grams and activities.
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Recommended moti~n:
ADOPT RESOLUTION
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Signature
Contact person: Ken Henderson/Lisa Dickey
Phone:
5065
Supporting data attached:
Staff Report
Ward:
1-7
FUNDING REQUIREMENTS:
Amount: 25.000.00
Source:
FY 87/88 CDBG
Allocation
Finance:
Council Notes:
71-02U
Agenda Item No C. ~
CIT)f OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIQN
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7!1-02'.
STAFF REPORT
On May 11, 1987, the Mayor and Common Council conducted the
CDaG Public Hearini and considered requests for financial
assistance for the upcoming fiscal year (1987/1988). The
Mayor and Common Council, subsequently, held a workshop on
May 18, 1987 and awarded community development funds to
certain public service, capital improvement, fair housing and
economic development projects. Agreements are now required
to implement said projects.
The attached agreement bebleen City and Inl<fnd Mediation
Board includes a "scope of services" and "program budget"
attached to the agreement as Exhibits "An and "a",
respectively. These ExhIbits are incorporated by reference
as though fully set forth at length.
Adoption of the resolution by the Mayor and Common Council
would authorize and direct the Mayor to execute the agreement
as described herein.
Kenneth J. Henderson
Director of Community Development
KJH/lab/0307
6/2/87
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R8S0LUTION NUMBER
RESOLUTION 01' TIlE CT'l'Y OF SAN BERNl\RDHIO AUTHORIZnl~ ',}1D
DIRECTING THE EXECUTION OF l\ COM~mNITY DEVELOPI1ENT BLOCK GRNiT
FUNDING AGREEMCt:'I' BETWEEN THE CITY OF SAN BEnUARDIHO P,ND INLI,ND
MEDIATION BOARD.
BE IT RESOLVED BY THi': r'!ll.YoP' AND COHHOn COUNCIL OF ':'PE (~ITY
01' SAN BERNARDINO AS FOLLOWS:
SECTION 1. Tbe Hay'or of the Ci ty of SEl[! Bernardi.n" is
hereby authorized and directed to execute, on behalf of the
City, an agreement for Community Development Block Grant funding
with Inland Mediation Board, a copy of which agreement is
annexed hereto as Exhibit "I" and is incorporated herein by
reference as though fully set forth at length. The agreement
provides for the granting of Communi.ty Devel,op;,wnt Block Grant
funds in the follDwin~ amount of $25,000.00.
I HEREBY CERTIFY that the foregoing rpbolution wes dul~
adopted by the and Common Council of the City of San J3e,naL(]ill(>
at a ___,___ __,__ meeting thereof, held on the clay of
__,__, 1987, by the foUowin'j vote; to wit:
IWES:
Councilperson2
NAYES~
ABSENT:
City C1 erk
6/2/87
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The foregoing resolution is hereby approved this
day of , 1987.
Mayor, City of San Bernardino
Approved as to legal form
and content:
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// City Attor.ney
'~ab/0263
6/2/87
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THIS AGREEMENT is entered into effective as of
Jwyl , 1987, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City., and
INLAND MEDIA nON BOARD
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, a
nonprofit community service organization, referred to as .Sub-
recipient..
city and Subrecipient agree as follows:
1. Recitals.
(a) Sub recipient has requested financial assistance
from City for fiscal year 1987/1988 from funds available through
a community development block grant from the United States of
13 America to City.
14 (b) Subrecipient represents that the expenditures
15 authorized by this agreement are for valid community development
16 purposes, in accordance with federal law and regulations, and
17 that all funds granted under this agreement will be used for no
18 purpose other than those purposes specifically authorized. The
19 specific purposes and scope of services of this particular grant
20 are set forth in Exhibit "A", attached hereto and incorporated
21 into this agreement as though fully set forth herein.
22 2. Payments. City shall reimburse Subrecipient for
23 allowable costs incurred under the scope of this agreement and
24 applicable Federal regulations, which have not been paid for or
25 reimbursed in any other manner by any other Agency or private
26 source of funding. Reimbursement will be made at least on a
27 monthly basis, with the total of all such reimbursements not to
28 exceed $ 25,000.00 .
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3. Term. This agreement shall commence July 1,1987
and terminate June 30, 1988
~. Use of Funds: Budaet: Travel Limitation.
(a) The funds paid to Subrecipient shall be used by
it solely for the purposes set forth in Paragraph lIb) of this
agreement, and in accordance with the program budget submitted
by Sub recipient to the City of San Bernardino Community
Development Department, a copy of which is attached to this
agreement as Exhibit "B". This budget shall list all sources 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 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
16 budget as submitted and approved, and all travel expenses to be
17 funded from funds provided hereunder shall be specifically
18 identified as travel expense, which shall be negotiated between
19 the City of San Bernardino Community Development Department and
20 Subrecipient in the budget. Any travel expenses incurred by
21 Subrecipient above the budgeted amount or for out-of-state
22 travel shall not be eligible for reimbursement unless the prior
23 written approval of the Director of Community Development of the
24 City of San Bernardino, or designee, has been obtained.
25 (c) Funds shall be used for purposes authorized by
26 the community development block grant program only, and no
27 portion of the funds granted hereby shall be used for any
28 purpose not specifically authorized by this agreement.
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(d)
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Only net payroll shall be periodically
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reimbursed
by City as an allowable cost. Any amounts withheld by
Subrecipient from an employee's pay for taxes, social security,
or other withholding and not immediately paid over 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 withholdings are
actually 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 Community Development Department,
such expenses shall be regarded as an allowable cost, and the
City shall reimburse Subrecipient for such obligation.
(e) 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
allowed, provided the prior written approval of the Director of
Community Development of the City of San Bernardino is obtained,
it being understood that the total amount of the grant shall not
18 be varied thereby.
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within the time period covered by this agreement, and
(f)
The parties intend that grant funds be utilized
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entitlement to any funds not used shall revert to the City. No
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reserve for the future shall be established with the funds
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except as may be authorized to meet commitments made for
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services provided during the period of this agreement, but not
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yet paid for at the conclusion of this agreement.
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Accountinq: Audit.
(a) Prior to the final payment under this agreement,
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and at such other times as may be requested by the Director of
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1 Community Development of the City of San Bernardino,
2 Subrecipient shall submit to the Director an accounting of the
3 proposed and actual expenditures of all revenues from whatever
4 source accruing to the organization for the fiscal year ending
5 June 3, 1988.
6 (b) Financial records shall be maintained by
7 Subrecipient in accordance with generally accepted accounting
8 principles, and in a manner which permits City to trace the
9 expenditures of funds to source documentation. All books and
10 records of Subrecipient are to be kept open for inspection at
11 any time during the business day by the City, its officers or
12 agents, and by any representative of the United States of
13 America authorized to audit community development block grant
14 programs..
15 (c) Standards for financial management systems and
16 financial reporting requirements established by Attachment "F"
17 and Attachment "~" of Office of Management and Budget Circular
18 No. A 110 shall be fully complied with by Subrecipient.
19 Subrecipient acknowledges that the funds provided are federal
20 funds.
21 (d) Subrecipient's financial management system shall
22 provide for accurate, current and complete disclosure of the
23 financial results of each program sponsored by this agreement.
24 It is the responsibility of Sub recipient to adequately safeguard
25 all assets of the program, and Subrecipient shall assure that
26 they are used solely for authorized purposes.
27 (e) In addition to the foregoing, Subrecipient shall
~ at its own expense have the City-funded portion of its program
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audited annually, and provide to City a copy of the audit report
1 within sixty (60) days after receipt of the report by
2 Subrecipient. Such audit must be performed by a Certified
3 public Accountant or some other independent auditor approved in
4 advance by the City's Director of the Community Development.
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6. Services Available to Residents: Monitorinq and
6 Reoortina Proqram performance. The services of Subrecipient
7 shall be made available to residents and inhabitants of the City
8 of San Bernardino unless otherwise noted in Exhibit RA". No
9 person shall be denied service because of race, color, national
10 origin, creed, sex, martial status, or physical handicap.
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Subrecipient shall comply with Affirmative Action guidelines in
12 its employment practices. Sub recipient shall also monitor the
13 program's activities and submit written reports quarterly, or
14 more often if requested, to the Director of Community
15 Development of the City of San Bernardino, in accordance with
16 Attachment RHR, Office of Management and Budget Circular No. A
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110. Failure to provide such quarterly performance reports may
18 prevent the processing by City of Sub recipient's requests for
19 reimbursement, and may justify temporary withholding as provided
20 for in Paragraph 11 hereof.
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and Budget Circular No. A-I02, "Procurement Standards". In
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addition to the specific requirements of Attachment "0" to
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Circular No. A-l02, Sub recipient shall maintain a,code or
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standards of conduct which shall govern the performance of its
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officers, employees or agents in contracting with and expending
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Procurement Practices: Conflict of Interest.
Subrecipient shall comply with ~rocurement procedures and
guidelines established by Attachment "0" to Office of Management
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the federal grant funds made available to Sub recipient under
this agreement. Subrecipient's officers, employees or agents
shall neither solicit nor accept gratuities, favors, or anything
of monetary value from contractors or potential contractors. To
the extent permissable by State law rules, and regulations, the
standards adopted by Subrecipient shall provide for penalties,
sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipient'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 50 as to provide maximum open and free competition.
The Subrecipient shall be alert to organizational conflicts of
interest or non-competitive practices 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 Office of Management and Budget
Circular No. A 102 Attachment "0" in its expenditure of all
funds received under this agreement.
8. Anti-Kick Back Provisions: Equal Employment
Ooportunity. All contracts for construction or repair using
funds provided under this agreement shall include a provision
for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C.
874) as supplemented in Department of Labor Regulations (29 CFR,
Part 3). This act provides that each contractor or subgrantee
shall be prohibited from inducing, by any means, any person
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employed in the construction, completion or repair of public
1 work, to give up any part of the compensation to which he is
2 otherwise entitled. Subrecipient shall report all suspected or
3 reported violations to City. All contracts in excess of
4 $10,000.00 entered into by Subrecipient using funds provided
5 under this agreement shall contain a provision requiring
6 compliance with Equal Employment Opportunity provisions
7 established by Executive Order .11246 as amended.
8 9. prevailina WaQe Requirement. Any construction
9 contracts awarded by Subrecipient using funds provided under
10 this agreement in excess of $2,000.00 shall include a provision
11 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
12 7) and as supplemented by Department of Labor Regulations
13 (29CFR) . Under this Act, contractors shall be required to pay
14 wages to laborers and mechanics at a rate not less than the
15 minimum wages specified in a wage determination made by the
16 Secretary of Labor. In addition, contractors shall be required
17 to pay wages not less often than once a week. Subrecipient
18 shall place a copy of the current prevailing wage determination
19 issued by the Department of Labor in each solicitation and the
20 award of a contract shall be conditioned upon the acceptance of
21 the wage determination. Subrecipient shall report all suspected
22 or reported violations to City.
23 10. Aooroval of City of any CharQes: Use of Proaram
24 Income. City reserves the right to require Sub recipient to
25 obtain the prior written approval of City of any charges or fees
26 to be charged by subrecipient for services provided under this
27 agreement, and of any rules and regulations governing the
~ provision of services hereunder. Program income represents
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1 gross income earned by the Subrecipient from the federally
2 supported activities. Such earnings exclude interest earned on
3 advances and may include, but will not be limited to, income
4 from service fees, sale of commodities, usage and rental fees.
5 These funds shall be used first for eligible program activities,
6 before requests for reimbursement, or shall be remitted to the
7 City. Subrecipient shall remit all unspent program income to
8 the City within thirty (30) days subsequent to the end of the
9 program year (June 30, 1988). Interest earned on funds advanced
10 under the agreement shall be paid to the City.
11 11. Temoorary Withholdinq. The Director of the Community
12 Development of the City of San Bernardino is authorized to
13 temporarily withhold the payment of funds to Subrecipients when
14 the Director determines that any violation of this agreement has
15 occurred. Funds shall be withheld until the violation is
16 corrected to the satisfaction of the Director. Subrecipient
17 shall, have the right to appeal the decision of the Director to
18 the Mayor and Common Council. The sole grounds for such appeal
19 shall be that no violation of the agreement has occurred.
20 Subrecipient shall file such appeal within fifteen (15) days
21 after such first withholding. The Mayor and Common Council
22 shall set a date for the hearing of such appeal which is within
23 thirty (30) days following the date of filing.
24 12. Records Retention. Financial records, supporting
25 documents, statistical records, and all other records pertaining
26 to the use of the funds provided under this agreement shall be
27 retained by Subrecipient for a period of three (3) years, at a
28 minimum, and in the event of litigation, claim or audit, the
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records shall be retained until all litigation, claims and audit
1 findings involving the records, have been fully resolved.
2 Records for non-expendable property acquired with federal funds
3 provided under this agreement shall be retained for three (3)
4 years after the final disposition of such property.
5 13. Prooertv Manaqement Standards. Non-expendable
6 personal property, for the purposes of this agreement, is
7 defined as tangible personal property, purchased in whole or in
8 part with federal funds, which has useful life of more than one
9 (1) year and an acquisition cost of three hundred dollars
10 ($300.00) or more per unit. Real property means land, including
11 land improvements, structures and appurtenances thereto,
12 excluding movable machinery and equipment. Non-expendable
13 personal property and real property purchased with or improved
14 by funds provided under this agreement shall be subject to the
15 property management standards specified in Attachment "N" of
16 Office of Management and Budget Circular No. A-l02, "Property
17 Management Standards".
18 14. Termination for Cause. City reserves the right to
19 terminate this agreement and any and all grants and future
20 payments under this agreement in whole or in part at any time
21 before the date of completion of this agreement whenever City
22, determines that the Sub recipient has failed to comply with the
23 conditions of this agreement. In the event City seeks to
24 terminate this agreement for cause, City shall promptly notify
25 the Subrecipient in writing of the proposed termination and the
26 reasons therefore, together with the proposed effective date.
27 Subrecipient shall be given an opportunity to appear before the
~ Mayor and Common Council at the time at which the Mayor and
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Common Council are to consider such recommended termination, and
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2 shall be given a reasonable opportunity to show cause why, if
3 any exists, the agreement should not be terminated for cause.
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4 Upon determination by the Mayor and Common Council that the
5 contract should be terminated for cause, notice thereof,
6 including reasons for the determination, shall promptly be
7 mailed to the Subrecipient, together with information as to the
8 effective date of the termination. Such notice may be given
9 orally at that hearing. The determination of the Mayor and
10 Common Council as to cause shall be final.
11 15. Termination for Convenience. City or Subrecipient may
12 terminate this agreement in whole or in part provided both
13 parties agree that the continuation of the project would not
14 produce beneficial results commensurate with further expenditure
15 of funds. In such event, the parties shall agree upon the
16 termination conditions, including the effective date and, in the
17 case of partial terminations, the portion to be terminated. The
18 Subrecipient shall not incur new obligations for the terminated
19 portion after the effective date and shall cancel as many
20 outstanding obligations as possible. City shall allow
21 Subrecipient full credit for the City's share of the non
22 cancellable obligations properly incurred by the Subrecipient
23 prior to termination.
24 16. Hold Harmless. Sub recipient agrees to indemnify and
25 save harmless the City and its employees and agents from all
26 liabilities and charges, expenses (including counsel fees),
27 sui~s or losses, however occurring, or damages, arising or
28 growing out of the use of or receipt of funds paid under this
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agreement and all operations under this agreement. payments
1 under this agreement are made with the understanding that the
2 City is not involved in the performance of services or other
3 activities of the Subrecipient. Subrecipient and its employees
4 and agents are independent contractors and not employees or
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6 shall forthwith provide to the community Development Department
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In the event of any termination, subrecipient
agents of City.
any and all documentation needed by the Community Development
Department to establish a full record of all monies received by
sub recipient and to document the uses of same.
17. Amendment. This agreement may be amended or modified
11 only by written agreement signed by both parties, and failure on
12 the part of either party to enforce any provision of this
13 agreement shall not be construed as a waiver of the right to
14 compel enforcement of any provision or provisions.
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18. Assianment. This agreement shall not be assigned by
16 Subrecipient without the prior written consent of City.
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27 City
All notices herein required shall be in
19.
Notices.
writing and delivered in person or sent certified mail, postage
prepaid, addressed as follows:
As to City:
As to Subrecipient:
Director
Community Development Dept.
City of San Bernardino
City Hall, Fifth Floor
300 North "D" Street
San Bernardino, Calif. 92418
Inland Mediation Board
9613 Arrow Highway, Suite A
RAncho Cucamonga, CA 92412
20. Evidence of Authority. Subrecipient shall provide to
evidence in the form of a certified copy of minutes of the
~ governing body of Subrecipient, or other adequate proof, that
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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.
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5 agreement on the day and year first hereinabove written.
IN WITNESS WHEREOF, the parties hereto have executed this
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7 ATTEST:
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CITY OF SAN BERNARDINO
City Clerk
BY:
Mayor, of the City of
San Bernardino
SUBRECIPIENT:
By:
President
BY:
Secretary
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Approved as to form and legal content except for Exhibits "A"
17 and ~B" (which were not !'lubmitted for review):
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21 KJH/lb
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22 June, 1987
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INLAND MEDIATION BOARD
SCOPE OF SERVICES
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The Fair Housing Program services to be provided by Inland
Mediation Board consists of the following:
1. Hiring, salary, benefits, and full responsibility for
its staff;
2. Training volunteers to handle mediation sessions,
perform telephone counseling, and initiate complaint
resolution;
3. Making an effort to negotiate or mediate a remedy
between landlords and tenants;
4. Accepting complaints from individuals alleging discri-
mination in housing;
5. Making an effort to negotiate or mediate cases of
discrimination in housing and if unsuccessful refer
cases for further investigation to the State Department
of Fair Employment and Housing;
6. Providing FHA mortgage default counseling services 1
7. PUblicizing the existence of the Board throughout the
Service area;
8. Preparing monthly statistical reports for the County,
Commission and City on the number of complaintsl
questions, the status of their resolutions, and related
information as required and requested by the
Commission, County or City;
9. Conducting two housing workshops per year to inform the
entire community as to its rights and responsibilities
under State and Federal laws with respect to Fair
Housing1
10. Disseminating materials for the public regarding State
and Federal laws with respect to Fair Housing;
11. Acting as referral agency for those persons who require
technical or professional information as may be
available from existing community organizations or
other institutions1 and
12. Handling all administrative duties pertaining to
accrued costs of operation and paying all bills;
13. 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 June 30, 1988.
EX1l16iT "A"
'ln9and MediatiorPBo
MAY 2 8198t
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FAIR HOUSING SALARIES
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Salaries:
Berenice Rodarte
Betty Davidow
,Catherine Bobic
FICA 7.15%
FUTA .8
SUI 2.1%
Training Fund .1%
Workers Comp
Total Fair Housing Salaries
Percentage of Cost Usage
City of San Bernardino
City of Ontario
County of San Bernardino
City of Rancho Cucamonga
15,773.94
31,082.88
4,420.00
51,276.82
3,666.29
410.22
1,076.81
51. 28
772.00
57,253.42
23.1%
25.1%
43.4%
8.4%
tKf/I/311 13
9613 Arrow Hwy., Suite A . Rancho Cucamonga, CA 91730 . (714) 967-8663 . (800) 321-0911