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HomeMy WebLinkAboutReso 1976-8032Form No. 342 Rev 3/74 RESOLUTION NO. 8032 RESOLUTION OF THE CIT3' COUNCIL OF ''T'HE CITY Or CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OUR HOUSE SETTING OUT TERMS AND OBLIGATIONS IN REGARD TO ADMINISTRATION OF THE "DRUG ABUSE PREVENTION AND EARLY INTERVENTION PROJECT" AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and OUR HOUSE, INC., a non-profit, charitable organization, setting out terms and obligations in regard to administration of the "Drug Abuse Prevention and Early Intervention Project" dated the 27th day of January 19~_, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT iE1URTf3ER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista- Presented by Approved as to form by ~, ` i ,_ Lane F. Cole, City Ma r GecJ~lge D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITr OF Cf-~ULA VISTA, CALIFORNIA, this 27th day of January 19 76 , by the following vote, to-wit: ---- AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott NAYES: Councilmen None ABS. AT'T] STATE OF CALIFORNII-~) COUNTY OF SAN DIEGO) ss. CITY OF CHULA 'VISTAi I' City Clerk of the C~r_y of Chula Vista, California, DO f~EREBY CERTIFY that the above is a roll, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Cler AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF "OUR HOUSE" IN REGARD TO ADMINISTRATION OF THE "DRUG ABUSE PREVENTION AND EARLY INTERVENTION PROJECT" THIS AGREEMENT, made and entered into this 27th day of January, 1976, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and OUR HOUSE, INC., a non-profit, charitable organization, hereinafter referred to as "Contractor"; f^~ I T N E S S E T H WHEREAS, the City has previously submitted an Application for Grant for Law Enforcement Purposes to the California Council on Criminal Justice (CCCJ) via Resolution No. 7895, and WHEREAS, effective October 1, 1975, the California Council on Criminal Justice has awarded funds to City for such purposes in the form of a "Drug Abuse Prevention and Early Intervention Project" (#2518-1) , and WHEREAS, the City proposes to engage Contractor to per- form professional services in connection with subject project, and WHEP~EAS, Contractor will direct the project toward its stated goals and objectives which shall include providing construc- tive alternatives to drug use and other dysfunctional behavior, preventing and/or reducing the entry and re-entry of juveniles in the criminal justice system, and offering services which improve youth functions in school, family and social relationships, and WHEREAS, Contractor is specially trained and possesses certain skills, experience, education and competency to perform such special services and City desires to engage Contractor for such special services upon the terms herein provided. NOW, THEREFORE, the parties hereto do mutually agree as follows: SECTION 1. EMPLOYI`ZENT OF CONTRACTOR The City hereby agrees to engage Contractor, and Con- tractor hereby agrees to perform the professional services as hereinafter set forth. SECTION 2. ADP'IINISTRATION OF AGREEMENT The City r7anager of the City of Chula Vista, or his designated representative, shall represent the City in all matters pertaining to services rendered pursuant to this agreement and shall administer this agreement on behalf of the City. The Administrator shall be in charge of performance and administer this agreement on behalf of the Contractor. SECTION 3. SCOPE OF SERVICES Contractor shall provide and perform set forth in Exhibit "A" (Grant Application and is by reference made a part hereof. those services Award), which -1- SECTION 4. COMPLIANCE Contractor shall comply with all applicable provisions of the 1) CCCJ Standard Grant Award Conditions (Rev. 8/15/73), 2) CCCJ Fiscal Affairs r'Ianual, and 3} Safe Streets Act of 1968 (PL 90-351). Particular attention is called to items dealing with Operations Reports, Fiscal Practices, 1`~Iaintenance and Retention of Records, Inspection and Audit, Publications, Civil Rights and Equal Employment, and Changes or Amendments. Said provisions of cited publications are incorporated within this agreement by ref- erence. SECTION 5. BONDING Contractor shall furnish an appropriate fidelity bond, in a form acceptable to the City Attorney, within thirty (30) days after execution of contract. Such bond will cover all individuals who will receive or disburse grant funds and shall be in an amount equal to at least 50°s of total grant award. SECTION 6. REPORTS In addition to supplying copies to City of reports required under Section 4, Contractor shall submit such other written reports as may be requested by City. The timely submission of all reports is a necessary and material condition of this agreement. SECTION 7. TERr4 OF AGREEP'IENT The term of this agreement shall commence October 1, 1975 and continue through and including June 30, 1976. SECTION 8. COMPENSATION City agrees to pay Contractor a total sum not to exceed Forty Nine Thousand, Nine Hundred and Fifty Dollars ($49,950) for services performed during the term of this agreement. Contractor agrees that said sum shall be full compensation for all services in performing this agreement. SECTION 9. METHOD OF PAYP'IENT Compensation under this agreement shall be paid as follows for each claim period. Contractor will submit, in quadruplicate, Report of Expenditures and Request for Funds (OCJP Form 201). Funds will be advanced monthly and the request should take into consider- ation the estimated Federal or other participating portion of allowable expenditures applicable for the current period and the next succeeding month. Funds should not be requested for obliga- tions which will not be liquidated within the current month or next succeeding month. Unlike Federal monies, State buy-in funds cannot be advanced and must be reimbursed. In the event Contractor claims and receives payment from the City for a service, reimbursement for which is later disallowed by the City or the State of California or the United States Government, the Contractor shall promptly refund the dis- allowed amount to the City on request, or at its option, the City offset the amount disallowed from any payment due or to become due to Contractor under this agreement or any other agreement. Each claim shall be approved by the Administrator of this agree- ment as designated in Section 2 prior to payment. Pending any -2- cost report adjustr:lents, each claim so approved and paid shall constitute full and complete compensation to Contractor for t e period covered by the claim. It is expressly understood and agreed that this agreement constitutes the entire agreement of Contractor and City and in no event shall Contractor be entitled to any compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. In the event less than all services are performed in a proper and timely manner, Contractor shall be paid only the reasonable cost for the services performed for the payment period as determined by the City's representative. City also reserves the right to suspend payment of monies if items of this agreement are not fulfilled, until such time as compliance is achieved. SECTION 10. CONTRACTOR'S EP~IPLOYEES AND EnUIPMENT Contractor agrees that he has secured or will secure at his own expense all persons, employees and equipment required to perform the services required under this agreement and that all such services will be performed by Contractor, or under Contractor's supervision, by persons authorized by law to perform such services. Contractor shall exonerate, indemnify, and hold harmless City from and against any and all loss, damage or expense, by reason of any act or omission of any employee, servant, or agent of Contractor, including those, if any, originally employed by City and utilized by Contractor, and Contractor agrees to defend, at Contractor's own expense, any suit or suits that may be brought against City by reason of any such act or omission. SECTION 11. AUDIT AND INSPECTION OF RECORDS Contractor agrees to maintain or make available within the City of Chula Vista accurate books and accounting records relative to all its activities under this agreement. Contractor will permit City to audit, examine and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records or personnel and other data relating to all matters covered by this agreement. SECTION 12. TERP~IINATIOr1 OF AGREEP7ENT FOR CAUSE The terms and conditions as set forth in Section 4 above, constitute major covenants which, upon breach by Contractor, give City the right to suspend its performance and demand compliance. If compliance is not forthcoming within a reasonable period of time, City shall have the right to terminate this agreement, by giving written notice to Contractor of such termination and speci- fying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, and other materials, prepared by Contractor under this agreement shall become the sole and exclusive property of City, and Contractor shall be entitled to receive reasonable compensation not to exceed actual cost and as reported on interim cost reports, for any satisfactory work completed on such documents, or other such materials to date of termination, not to exceed the amounts payable to date of termination under Sections 8 and 9, reduced by the amount of damages sustained by the City by reason of such breach. SECTION 13. TERP!IINATION OF COPNENIENCE OF PARTIES Either party may terminate this agreement, at any time by giving written notice to the other's representative of such termination and specifying the effective date thereof at least -3- sixty (60) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials shall become the sole and exclusive property of the City. If the agreement is terminated by City as provided herein, Contractor shall be paid the monthly progress payments, or prop- ortion thereof if final period is less than a full month, payable as provided in Sections 8, 9 and 11 through the date of such termination. SECTION 14. ASSIGNABILITY The Contractor shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to Contractor from City under this agreement may be assigned without such approval. 1`dotice of any such assignment or transfer shall be furnished promptly to City. SECTION 15. INTEREST OF CONTRACTOR Contractor covenants that he presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this agree- ment. Contractor further covenants that in the performance of this agreement, no person having any such interest shall be em- ployed or retained by him under this agreement. SEC`T'ION 16. INSURANCE AND HOLD HARt1LESS AGREEMENT Contractor agrees to maintain such insurance as will fully protect both Contractor and City from any and all claims under any Workmen's Compensation Act or employer's liability laws, and from any and all other claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever which may arise from operations carried on under this agreement, either by Contractor, any subcontractor, or by anyone directly or indirectly engaged or employed by either of them. Contractor shall provide a copy of binder, indicating adequate insurance to City. Contractor shall exonerate, indemnify and hold harmless City from and against, and shall assume full responsibility for payment of, all Federal, State and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws, with respect to Contractor and Contractor's employees engaged in per- formance of this agreement. City, and its agents and employees, shall not be, nor be held liable for any liabilities, penalties, or forfeitures, or for any damage to the goods, properties or effects of Contractor, or of any other persons whatsoever, nor for personal injury to or death of them, whether caused by or resulting from any negligent act or omission of Contractor. The provisions of this paragraph do not relieve the City of its liability for damages to Contractor caused by City's negligent acts or omissions. Contractor further agrees to indemnify and hold harmless City and City's agents and employees, against and from any and all of the foregoing liabilities, and any and all costs or expenses incurred by City on account of any claim there- for. Contractor agrees to assume the foregoing obligations and liabilities, by which it is intended by both parties that Contractor shall indemnify and hold City harmless from all claims arising by reason of the work done or by reason of any act or omission of Contractor. -4- SECTION 17. NOTICE Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice, or may be served by certi- fied mail, postage prepaid, return receipt requested, to the following addresses: CITY - City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 CONTRACTOR - Our House 666 Third Avenue Chula Vista, CA 92010 SECTION 18. INDEPENDENT CONTRACTOR It is agreed that Contractor shall perform as an independent contractor under this agreement. Contractor is, for all purposes arising out of this agreement, an independent contractor, and he shall not be deemed an employee of City. It is expressly under- stood and agreed that Contractor shall in no event be entitled to any benefits to which City employees are entitled, workmen's com- pensation benefits, and injury leave or other leave benefits. SECTION 19. POLITICAL ACTIVITY PROHIBITED None of the funds, provided directly or indirectly, under this contract shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. No Contractor shall utilize or allow its name to be uti- lized in any endorsement of any candidate for elect3d office. Neither the contract nor any funds provided thereunder shall be utilized in support of any partisan political activities, or activities for or against the election of candidates for any elected office. SECTION 20. LOBBYING Contractor agrees to comply with the lobbying ordinances of the City, County and this State and to assure that its officers and employees comply before any appearance before this body. None of the funds provided under this contract shall be used for publi- city or propaganda purposes designed to support or defeat any legis- lation pending before State or Federal legislatures, the Board of Supervisors of the County, or the City Council. SECTION 21. INTERPRETATION This agreement shall be construed and interpreted accord- ing to the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Mayor the City of Chula Vista r ATTES City C erk OUR HOUSE , IP7C . dm' istrator Approved as to form by e ,` ,~ _ ~ __ .- ,.._ ._. Ci V At torn _~t _. -5-