HomeMy WebLinkAboutReso 1970-57005700
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Form No. 301
UNANIMOUS CONSENT FORM
IT IS HEREBY REQUESTED by the undersigned that the following
item, with the unanimous consent of the Clty Council of the City of
Chula Vista, be considered and acted upon by the Council pursuant
to the provisions of Section 1.16 of the Chula Vista City Code.
Resolution approving agreement between the City of Chula Vista
and the State of California, Commission on Aging
Sig ture)
Unanimous Consent of the City Council, as nd" ated by e following
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CALIFORNIA CONQ~LISSION ON AGING
1108 - 14th Street, Sacramento 95814
Area 916 - 445-8822
Number CA 7-34
THIS AGREEMENT, Made and entered into this 15 day of June 190
at aCrament0, County of Sacramento, State of California, by and between the State of
California, Commission on Aging, hereinafter called "State Agency"; and
CITY OF CHULA VISTA
hereinafter called "Applicant Agency"; ~ --
W I T N E S SET H:
.That the Congress of the United States through the Administration on Aging
of the Department of Health, Education, and Welfare, through the State Agency, has
made certain funds available under Title III of the Older Americans Act for establish-
ment and demonstration of certain projects for older persons. Grants may be made by
the State Agency for: Community planning and coordination of programs for carrying
out the purposes of the Act; Demonstrations of programs or activities which are
particularly valuable in carrying out such purposes; Training of special personnel
needed to carry out such programs and activities; and Establishment of new or expan-
sion of existing programs to carry out such purposes, including establishment of new
or expansion of existing centers which will provide recreational and other leisure
time activities, and information, health, welfare, counseling, and referral services
for older. persons and assist such persons in providing volunteer. community or civic
services,
NOW, THEREFORE, It is mutually agreed as follows:
1. Applicant Agency agrees diligently to conduct and perform, throughout
the term of this agreement, the project, as set forth in Applicant Agency's Application
Number 111 ~ which application is on file with State Agency, is hereby incorporated
by reference, and is made a part of this agreement.
2. The term of this agreement is from June 30, 1970
to _ June 29, 1971 subject, however, to termination as herein
provided.
3. In consideration of the performance of said project and in accordance
with the terms hereof, the State Agency agrees to pay Applicant Agency solely and only
from federal funds made available to State Agency for that purpose and subject to fiscal
procedures in accordance with the followir_g schedule:
Amount payable by State Agency in current project
year not to exceed $ 5~898~16
Plus unencumbered balance of funds in Applicant
Agency's possession from prior year (FY 69 ) $ 1,409.84
Total amount available to Applicant Agency in
current project year not to exceed $ 7,308_00 _
The monies shall be distributed throughout the project year in four (4) quarterly
increments on request from the Applicant Agency and upon approval of State Agency.
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4. Applicant Agency shall place said money in a special bank account,
expend the same solely for the purposes of the project, and refund to the State
Agency any unencumbered amounts upon termination or completion of the project,
Applicant Agency further agrees to .conduct the project in accordance with applicable
rules and regulations promulgated by the Administration on Aging, Department of Health,
Education and Welfare, and by State Agency.
5. In the event that Applicant Agency shall fail, in the opinion of State
Agency, to conduct said project in accordance with the terms hereof, State Agency
may terminate this agreement. In the event that Applicant Agency for reasons beyond
its control finds that it cannot continue the project, Applicant Agency may terminate
this agreement upon 60 days written notice to State Agency. Upon termination of this
agreement Applicant Agency shall return any unencumbered funds, and any equipment
purchased with funds provided hereunder, to State Agency upon demand.
6. Applicant Agency agrees in good faith to endeavor diligently to employ
the entire staff budgeted for the project.
7. Applicant Agency shall at all times during the term of this agreement
ma"intain complete records of its activities and expenditures hereunder in form
satisfactory to State Agency, shall make available all records pertaining to the
project for inspection by State Agency or its agents at any and all reasonable times,
and shall maintain all such records for inspection until a Federal audit has been
completed and all questions resolved. Applicant Agency further agrees to submit
such r2ports of its activities and expenditures as may be required by State Agency.
8. Applicant Agency shall have no authority to contract for or on behalf
of, or incur obligations on behalf of, the State of California or State Agency.
9. Fair Employment Practices Addendum (Standard Form 3) is attached hereto
and is hereby incorporated by reference..
10. Applicant Agency agrees that with thirty (30) days after project year,
the Applicant Agency will provide the State Agency with an audit by a Certified
Public Accountant or in cases of a public entity, it may be furnished by Applicant's
auditor,
].1. Applicant Agency agrees that the hiring of the project director must
have the approval of the California Commission on Aging or if Applicant Agency has
a civil service procedure, this will take precedence.
IN WITNESS WHEREOF', This Agreement has been executed in quadruplicate,
by and on .behalf of the parties hereto, the day and year first above written.
STATE OF CALIFORNIA
COMMISSION ON AGING
By
EXECUTIVE DIRECTOR
Title
CALIFORIuIA CGi~L~IISSION OTd AGIN~~
SPECIAL DEPOSIT FUND
FEDERAL GRAn; TS 1969-70 FY
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~~ :co~.~ Ling 4f''icer
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CITY OF CHUTA VI - ~ ~-,
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IL~YC'R
Title
P.O. Lc.: 1087, C?~~..ila tiista, CaliF. 9?,012
Address
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FAIR EMPLOYMENT PRACTICES ADDENDUM
1 . In the performance of this contract, the Contractor will not discriminate
against any employee or applicant for employment because of race, color, re-
ligion, ancestry, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, ancestry, or national
origin. Such action shall include, but not be limited to, the following: employ-
ment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The Contractor shall post in conspicuous
places, available to employees and applicants for employment, notices to be pro-
vided by the State setting forth the provisions of this Fair Employment Practices
section .
2. The Contractor will permit access to his records of employment, employment
advertisements, application forms, and other pertinent data and records by the
State Fair Employment Practice Commission, or any other agency of the State of
California designated by the awarding authority, for the purposes of investigation
to ascertain compliance with the Fair Employment Practices section of this con-
tract .
3. Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employ-
ment Practices provision to have occurred upon receipt of a
final judgment having that effect from a court in an action to
which Contractor was a party, or upon receipt of a written notice
from the Fair Employment Practices Commission that it has in-
vestigated and determined that the Contractor. has violated the
Fair Employment Practices Act and has issued an order, under
Labor Code Section 1426, which has become final, or obtained
an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices provision,
the State shall have the right to terminate this contract either in
whole or in part, and any loss or damage sustained by the State
in securing the goods or services hereunder shall be borne and
paid for by the Contractor and by his surety under the performance
bond, if any, and the State may deduct from any moneys due or
that thereafter may become due to the Contractor, the difference
between the price named in the contract and the actual cost there-
of to the State .
STD. FORM 3 (4/65)
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