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HomeMy WebLinkAboutReso 1975-7614~+ RESOLUTION NO. 7614 ~ ~, Form No. 342 Rev. 3/`7~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN 'THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (CETA) TITLE VI FUNDS, 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 the COUNTY OF SAN DIEGO, for Comprehensive Employment and Training Act (CETA) Title VI Funds, dated the 15th 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 approvedT BE IT FURTf:ER 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 /, .~~' o n R. Thomson, City Manager George Lindberg, City Atto ey (Acting Director of Personnel) ADOPTrD AND APPROVED by the CITY COUNCIL of the CITY OF CFULA VISTA, CALIFORNLA, this 4th day of February , 19.15 , by the followinc vote, to-wit: AYES : Councilmen Scott, Hobel., Hamilton Hyde, Egdahl NAYES : Councilmen ATnna ABSENT: Councilmen None ,;~ n'Iayor of the City of Chula Vista ~. ATTEST '~ ",1~ %_ ~~ ,/ C i ty C erk J STATE OF CALIFORNIA] COUNTY OF SAN DIEGO) ss. CITY OF CE3ULA VISTA) I, , City Clerk of the Clty of Chula Vista., Caliyc~rnia, DO FEREBY CERTIFY that the above .~s a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Cler ,~ a a .. . 1~i5 FEB 26 ~,i~! I~ 59 CITY CLERK'S OF'f ICE SAN DIEGO COUNTY (PL 93-203) COMPREHENSIVE EMpIAYMENT AND TRAINING ACT AGREEMENT TITLE VI . ~ ~~~ ~ ~~~a~~' THIS AGREEMENT entered into this 15 day of January .1975 by and between , City of Chula Vista , hereinafter referred to as "Employing Agency," and the COUNTY OF SAN DIEGO, hereinafter referred to as "County." ~' W I T N E S 5 E T H: WHEREAS, County has been granted funds by the Federal Government under the Comprehensive Employment and Training Act of 1973] and WHEREAS, County is required by said Act to allocate the granted funds equitably among other public agencies in San Diego County which desire to conduct employment programs under the Act; and WHEREAS, ,Employing Agency is such a public agency and desires to conduct an employment program under the Comprehensive Employment and Training Act of 1973; NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. For the period commencing January 15 , 1975 and ending January 10, 1976 • Employing Agency hereby agrees COU~TX CF SEIN DIEGO ' 4Gr:1 ~:A~T a c<;„~ar~i cur `1^.i ~~ c~ntra~t! to conduct an employment program to'provide unemployed and underem- ployed persons with employment wherein they will provide needed public services. In furtherance of said employment program, Employing Agency shall employ persons-to _f ill the positions specified in the Occupa- tional Summary which is attached hereto as Exhibit ~"B" and by reference incorporated herein. Revisions and adjustments in the Occupational Summary may be made by written mutual letters of agree- ment.- In conducting said employment program, Employing Agency shall comply with all requirements, provisions, terms, and conditions of the Comprehensive ~nployment~and Training Act of 1973 Public Law 93-203; the regulations pursuant thereto, the guidelines of the County of San Diego Department of Special Manpower Services related thereto, and the grant conditions agreed to by County in securing funding under said Comprehensive Employment and Training Act of 1973, including, but not limited to,• those requirements, provisions, terms, and conditions.. respecting selection of participants, use of federal funds, record keeping and reporting, compensation and working conditions of parti- cipants, and non-discrimination. A copy of said Comprehensive Employ- ment and Training Act of 1973, copies of the regulations and guidelines pursuant thereto, and copies~of County's application for funding under t the Act are available for inspection at the Office of the Director, Special Manpower Services, 1600 Pacific Highway, San Diego, California. In the event the Act or the regulations. or guidelines pursuant thereto •are amended at any time subsequent to the date of this Agreement,.~the Employing Agency shall comply with them as amended, or shall notify the County-within 20 working day s.after receipt of the amendments that it cannot so conform, in which case, this Agreement shall terminate in •accordance with the applicable regulations. The Employing Agency's 2 .. . . Application for Funding is attached as Exhibit "A" and"by reference is incorporated herein. 2. For Employing Agency's conduct of the employment program - - - specified in paragraph 1 of this Agreement, County shall grant to Employing Agency a sum not to exceed-,-$705,007. on or before January 10, 1976 Said sum. is to be spent by Employing Agency in the conduct of its employment program in accordance with the Comprehensive Employment and Training Act, Title VI, Budget Estimates attached hereto as Exhibit "A" and by reference incorporated herein. Any of the above funds remaining unspent at the end of the period specified in paragraph 1 of this Agreement shall be returned to the County by Employing Agency when the final financial report is submitted by Employing Agency to County. 3. The Director, Department of Special Manpower Services, 1600 Pacific Highway, San Diego, California, or his~designat2d representative, shall administer and monitor performance of this Agreement on behalf of the County and shall at all times have the right to inspect, monitor and evaluate the employment program of Employing Agency pursuant to this Agreement. The City of Chula Vista City Manager shall administer this Agreement on behalf of the Employing Agency. 4. Zf any funds are expended by Employing Agency in violation of the Act, the regulations, the guidelines, or grant conditions, the County may make necessary adjustments in payments t0 Employing Agency on account of such -unauthorized or illegal expenditures. County may draw back unexpended funds which have been made available in order to assure that they will be used in accordance with the purposes of the Act or to prevent further unauthorized or - - 3- - ~---- , illegal expenditures, and County may withhold funds otherwise payable under the' Act in order to recover any amounts expended illegally or for unauthorized _ purposes. If no further payments would otherwise be made under-this Agreement., .__ . the County may request a repayment of funds used for unauthorized or. illegal . expenditures, and within thirty (30) days after receipt of such request and such repayment shall be made. No action taken by the County under this . paragraph shall entitle Employing Agency to reduce either salaries and wages or supportive services-for any participant or to expend less during the period specified in paragraph 1 of this Agreement than those sums called for _ in the budget contained in Exhibit "A" either for salaries and wages or for supportive serviies for participants. Any such reduction in expenditures may be deemed sufficient cause for termination under paragraph 6 of this Agreement. 5.. Termination. • • A. If the grant to the County under the Comprehensive Employment and Training Act of 1973 is terminated by the Federal Government in whole or in part for any reason whatsoever, the County may terminate this Agreement in whole or in part. B. If a party violates the Act, the regulations, the guidelines or ._ grant terms or conditions specified in :paragraph 1 of this Agreement, the other party may terminate this Agreement in whole or in part unless the part in violation causes such violation to be corrected within a period of fourteen (14) days after receipt of a written notice specifying the violation. For the convenience of the parties, either party may in its discretion, however, •-- -- - • terminate this Agreement in whole or in part for any reason whatsoever on • r ;, • r n • • -4- ,' `~ fifteen (15) days notice--to the other party. ..__ -; , ... ___ _ D. Termination under the provisions of paragraph 5 shall be.:.. _ _.: -. ~ _ __ - effected by a notice of termination which shall specify the extent of termination and the date upon which such termination becomes effective. Upon receipt of a notice of termination, Employing Agency shall (1) discontinue. -_____~ further commitments of funds to the extent that they relate to the terminated portion of the Agreement, (2) promptly cancel all agreements, and contracts - utilizing-funds under this Agreement to the extent that--they re~.ate to the , terminated portion_of the Agreement, (3) settle, with. the approval of the. County, all outstanding•claims arising from such termination, (4) submit, within six months after the receipt of the notice of termination, a termination settlement proposal which shall include a final. statement of all unreimbursed ' costs related to the terminated portion of this Agreement, but in case of termination for violation of this Agreement by Employing Agency, the cost of preparing the settlement proposal shall not be reimbursed to the Employing Agency. 6. Notice. All notices and correspondence shall be.c~~zected to the.. .. . respective representatives at their addresses contained herein. - 7. Audit. At any time during normal business hours and as often as County may deem necessary,, Employing Agency shall make available to County for examination all of Employing Agency's data and records with respect to all matters covered by this Agreement and Employing Agency will permit County to audit, examine and make excerpts or transcripts from such data and records, -- _- and to make audits of all invoices, materials, payrolls, records of personnel . .. ' -5- ~ ~ - .. ~,- ~ and other data relating to all matters covered by this Agreement. Employing - Agency shall maintain such data and records in an accessible location. Any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this paragraph. 8. Status of Employees. Persons employed by the Employing Agency under this Agreement shall be .considered employees of .the Employing Agency .• Neither such persons nor the Employing Agency shall be considered an employee .of the County. 9. Insurance and Hold Harmless Agreement. Employing .Agency agrees to maintain such insurance as will fully protect both Employing Agency and County 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 Employing Agency, any subcontractor or by anyone directly • or indirectly engaged or employed by either of them. Employing Agency shall exonerate, indemnify and hold harmless County 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 Employing Agency and Employing Agency's employees engaged in performance of this Agreement. County, 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 Employing Agency, or for any other persons whatsoever, nor for personal injury - ~ . ~ -6- • ~ ~ ~~ ~ ~ to or death of them, whether caused. by or resulting from any negligent act or omfssion~of Employing Agency. The -provisions of this paragraph do••not~relieve '-" ' the County of its liability for damages to Employing Agency caused by County's negligent acts or omissions.. Employing Agency further agrees to indemnify and hold harmless County and County's agents and employees, against and from any and all of the foregoing liabilities, and any and all costs or expenses incurred by County on account of any claim therefor. Employing Agency..agrees to assume the. foregoing obligations .and liabilities, by which it is. intended . by both parties that Employing Agency shall indemnify and hold County harmless from all claims arising by reason of the work done or by reason of any-act or omission of Employing Agency. . IN WITNESS WHEE2EOF, the parties hereto have executed this Agreement on the date first above written. Ap-~-~~ ,-~ , ~ ~, . :~crr: all , ~~ I h., C~puty COUNTY O SAN DIEGO ~Y ~~~J ~.i ~rlC ~, ~~~~ r:~~~~, L. Supervisors - ~ . B ~~ ~. Y Mayor of the City of Chula Vista Approved and~or authorized by the Board of Supervisors of the County of San Diego Clerk of the Board of Supervisors - f~' '