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HomeMy Public PortalAbout82-175 (11-02-82).t RESOLUTION NO. 82 -175 RESOLUTION OF THE CITY COUNCIL_OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND THE FAIR HOUSING FOUNDATION (FHF). WHEREAS, the City desires to develop, implement and operate a fair housing program; and WHEREAS, FHF, a Non - Profit California Corporation, represents that it has the resources and expertise to develop, implement and operate a fair housing program; and WHEREAS, an Agreement has been prepared between the City and FHF for services to develop, implement and operate a fair housing program; and WHEREAS, funds can be made available for the Agreement from the City's Year VIII Community Development Block Grant, NOW, THEREFORE be it resolved by the City Council of the City of Lynwood, that, pending satisfactory completion of a review of the Agreement by the Department of Housing and Urban Development and the County of Los Angeles: ­1 Section 1: The Agreement attached hereto as Exhibit 1 be hereby approved. Section 2 : The Mayor be authorized to execute said Agreement. Section 3 : The Mayor, City Manager and Community Development Director be authorized to sign any necessary LL documents and forms required by County of Los Angeles to establish this Public Service project. PASSED, APPROVED AND ADOPTED this of Nnvamhar , 1982. ATTEST: Andrea Hooper, City Clerk 2nd day Louis A. Thompson, M7akOi City of Lynwood APPROVED AS TO CONTENT: �l . S ndra M. Read, Director Community Development Department a d ATTEST: Andrea Hooper, City Clerk 2nd day Louis A. Thompson, M7akOi City of Lynwood APPROVED AS TO CONTENT: �l . S ndra M. Read, Director Community Development Department STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 2nd day of November , 1982• AYES: BYORK, GREEN, MORRIS, ROWE, THOMPSON NOES: NONE ABSENT: NONE •` C�i� ��z� of , 1 City Clerk, City of Lynwood AGREEMENT This Agreement entered into as of the RTH day of November , 1982, by and between Fair Housing Foundation of the City of Long Beach, California, a California non - profit corporation ( "FHF"), and the City of Lynwood, a municipal corporation ( "City"). RECITALS A. City has, on various occasions, identified certain needs to be satisfied in the area of housing discrimination. B. City has neither the staff nor the expertise to respond to such needs. C. FHF is a non - profit corporation with substantial expertise in dealing with all facets of housing discrimination and fair housing activities. D. City desires to obtain the services of FHF in developing, im- plementing and operating a fair housing program for the City and its citizens. E. FHF is desirous of providing such services. NOW, THEREFORE, it is agreed as follows: 1. FHF will develop, implement and operate a fair housing pro- gram for the City of Lynwood and its citizens as described on Attach- ment "A "hereto. To carry out the program the FHF will maintain trained personnel to respond to Lynwood resident requests for service and shall provide such backup and support services as shall be re- quired to implement and operate the program. 2. The parties recognize that it would be impractical for FHF to I maintain an office within the City of Lynwood. Accordingly, FHF i shall operate the program from its present office, located at 2023 Pacific Avenue, Long Beach, California 90806. FHF shall not, however, remove its offices to a materially greater distance from the City of i Lynwood than that at which its present offices are located, without the prior consent of City, which consent shall not be unreasonably withheld. ! 3. This agreement shall commence upon execution by the City and terminate on dune 30, 1983. I -1- 4. In consideration of FHF's services hereunder, City agrees to pay to FHF the aggregate sum;of $2,100, payable in three (3) install- ments, one third upon execution, one third on January 15, 1983 and one third on May 15, 1983. FHF shall submit invoices for such pay- ments. 5. FHF shall submit to City a statistical status report set- ting forth its activities for the payment period reported on. Said re- ports shall be filed with the City not later than the fifteenth day of the month following the end of each payment period being reported on. A final report shall be submitted not later than the fifteenth day of the month following termination of this Agreement. The status report shall contain, but not be limited to, the home address, age group, ethnic group, income level and any other data as may be requested by City, with regard to all persons assisted, and the result of such assistance. 6. FHF shall maintain books, financial records and files as necessary. Duly authorized representatives of the City Auditor, the City Manager, the County of Los Angeles Community Development Commission and the federal Department of Housing and Urban Development shall be permitted to examine and review the records of FHF at all reasonable times for the purpose of ascertaining compliance with provisions of this contract. Such examinations and reviews shall be conducted during the FHF's regular business hours in a manner which causes as little inconvenience to the FHF as possible. 7. FHF must maintain a'current commercial type checking account with an established commercial bank in which all funds granted under this contract are immediately deposited intact as received and from which all payments are made covering expenses for programs and for ser- vices outlined in FHF's proposal attached hereto. This bank account may be the official bank checking account of FHF, provided transactions involving this contract are clearly designated as such in the bank account and its supporting books and records. The balance in this bank account must be reconciled' monthly to statements from the bank, and such reconciliation must be certified by the senior executive officer of FHF. 8. If at the terminati n of this contract any such funds paid by the City shall not have been used, the unused portion thereof shall be returned by FHF to the Cilty within thirty (30) days following termi- nation or expieration of this contract. 9. FHF shall not utilize any of its funds for political campaign contributions or for promotion of political candidates or any other political purposes. i 10. FHF agrees that it,will not discriminate against any person in the performance of the contract and will comply with applicable Federal, State and City of Lynwood, Equal Opportunity Laws, Rules and Regulations. FHF shall further submit to the City the Equal Opportunity Service Certi- fication, which is attachedlhereto and marked Attachment 11. FHF shall carry out all activities in conformity with all applicable federal, state and local statutes, rules, regulations, and policies including all applicable Federal and State labor standards. In this regard, the CITY and the FHF acknowledge that this Agreement is subject to the Housing and,Community Development Programregulations (24 C.F.R. 570 et.'se .) and they each agree to comply with all relevant provisions of such regulations. Without limiting the foregoing, FHF agrees to comply with the Special Provisions attached hereto as Attachment "C" to the extent applicable. 12. FHF shall maintain and make available to the City, County of Los Angeles Community Development Commission and the federal Department of Housing and Urban Development, such additional records, budgetary and other information as may be requested. 13. Neither the City nor any of its officers of employees shall have any control over the conduct of FHF's activities or the employees of FHF; and FHF expressly warrants not to, at any time or in any manner, represent that FHF or any if FHF's agents, volunteers, subscribers, members, officers or employees are in any manner the agents, volunteers, subscribers, officers or employees of the City, it being distinctly understood that FHF is andi shall at all times remain as to the City a wholly independent contractor, and FHF's obligations to the City are solely such as are prescrilbed by this contract. I w 14. FHF shall save and keep the City, its commissioners, officers and employees free and harmless from and against any and all actions, claims, demands, costs, loss or expenses of any kind or nature what- soever which may be imposed upon the City, its commissioners, officers or employees, of any of them, arising out of or attributable or con- nected with the performance of FHF contemplated hereunder. FHF shall i file and maintain on file with the City at all times during the term of this agreement a copy or certificate of public liability and property damage insurance protecting FHF in amounts not less than $100,000.00 for personal injury to any one person, $300,000.00 for injuries arising out of any accident, and $50,000.00 property damage, and naming City as an additional insured. Such insurance shall not be cancellable without a thirty (30) -day, prior written notice to the City. 15. FHF shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written approval of the City. Any attempted assignment in violation hereof shall be void and of no force and effect and such assignee shall not acquire any interest therein by reason of such attempted assignment. FHF shall not subcontract any portion of the performance contempla- ted hereunder; however, nothing herein contained is intended to or shall be construed as preventing FHF from employing or hiring em- ployees which FHF may deem necessary to render the performance con- templated. 16. The contract may be cancelled by either party hereto upon a thirty (30) -day written notice to the other party. Should such termination occur after FHF has received payment for services which, in the opinion of the City, have not been rendered, City reserves the right to require FHF to reimburse City in an amount established by the City. -4- 17. Any and all notices to be given pursuant to the provisions hereof may be served by enclosing the same in a sealed envelope, addressed to the party intended to receive the same at its address, and deposited in the United States Postal Service as registered mail with postage prepaid. When so given, such notices shall be effective from the date of the mailing of the same. For the purpose thereof, unless otherwise provided in writing by the parties hereto, the address of the City and the property party to receive any such no- tices on its behalf is the City Manager, 11330 Bullis Road, Lynwood, California 90262, and the address of FHF and the Administrator, 2023 Pacific Avenue, Long Beach, California 90806. 18. The City Manager is hereby authorized and directed, for and on behalf of the City, to administer this contract and all matters in connection therewith, and his decision shall be final. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. CITY OF LYNWOOD, FAIR HOUSING FOUNDATION OF THE CITY OF LONG BEACH, a municipal corporation CALIFORNIA, a California non- profit corporation By Mayor By President Attest: X or City Clerk