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HomeMy WebLinkAboutReso 1985-12085 RESOLUTION NO. 12085 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SOUTH BAY COMMUNITY SERVICES (OUR HOUSE, INC.) AND AUTHORIZING THE ~tAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as fol 1 ows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and SOUTH BAY COMMUNITY SERVICES (OUR HOUSE, INC.), dated the 16th day of July 1985, 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 FURTHER 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 PauT G. ~sr~rs x?homas d. Harroyi Community Development Di rector ~J City Attorney/// WPC 1175X ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~ULA VISTA, CALIFORNIA, this 16th d~y of July 85 , by the following vote, to-wit: ~ES: Councilmembers Malcolm, McCandliss, Moore, Cox ~YES: Councilmembers None BSTAIN: Council members None 3SENT: C0unci ] members Scott tl~e City of Chula Vista rTES ~.T_ City- ~rk r'ATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) ss. TY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Colifornia, ) HEREBY CERTIFY that the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION NO. 3.2085 ,and that the same has not been amended or repealed. ~TED (seal) City Clerk ;-660 AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COI~4UNITY SERVICES (FORMERLY OUR HOUSE, INC.) IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into this 16th day of July 1985, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY," and SOUTH BAY COMMUNITY SERVICES, a nonprofit charitable organization, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, the City Council of the City of Chula Vista has determined that the function of Grantee serves a valid public purpose and primarily benefits low and moderate income persons, and WHEREAS, the City Council of the City of Chula Vista desires to encourage the beneficial aims of the Grantee organization through appropriation of Block Grant funds, and WHEREAS, funding for the Grantee is contingent upon receipt of a Letter of Credit authorizing a drawdown of Block Grant funds from the U. S. Department of Housing and Urban Development (HUD); and WHEREAS, the City Council has established a policy for consideration of requests for funding by private organizations and individuals, and WHEREAS, such policy stipulates that no expenditure may be made out of any appropriation awarded said charitable organizations unless an agreement has been reached between the parties setting out the terms and obligations for the expenditure of such funds. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. The term of this agreement shall be for a period of one (1) year, from July l, 1985 through June 30, 1986, unless further modified to include other permitted expenditures of funds that are appropriated by the City Council. 2. The charitable organization known as Grantee agrees to provide proper surroundings which may encourage communication between the alienated youth of the community and responsible leaders therein. 3. The Grantee agrees to expend City appropriated funds to meet bona fide obligations incurred for rent, utilities, office supplies and monthly telephone expense (telephone expense shall not include new systems or phone installations) for Grantee facilities for a period of one (1) year from July l, 1985, through June 30, 1986, for an amount not to exceed $21,862. 4. Said payments for rent shall be made monthly, in advance, directly to lessor with all other authorized expenditures on a monthly basis upon submission of valid invoices or other evidence of expenditure. 5. Although the Grantee will not be required to reimburse the City for the abovementioned appropriated funds, the charitable organization agrees to submit on a quarterly basis a complete report of all financial expenditures that may take the form of a copy of the reports the Grantee submits to the County Government. 6. The Grantee shall maintain all financial records for three years following the year in which it was active. 7. Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 8. The Council of the City of Chula Vista at its discretion may require the Grantee to provide or allow the City to undertake a complete financial audit of its records. 9. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, gender and ethnicity. lO. The Director of Community Development, or his/her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the City. ll. The Director of South Bay Community Services Inc., or his/her designated representative, shall represent the Grantee in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Grantee. 12. The Grantee shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in Department of Labor regulations 41 CFR Part 60. 13. The Grantee agrees to abide by the requirements of OMB Circular A-lO2, and specifically Attachment "0", Items 7 and 14. 14. The contract may be terminated or suspended by the City after 60' days notice to the Grantee due to default by the Grantee or the Grantee s inability to perform, regardless of whether such inability is due to circumstances within or beyond the grantee's control. Settlement of any disputes shall be based on the laws of the State of California. 15. The parties reserve the right to pursue any remedy provided under California law for remecLv in instances where contractors violate or breach contract terms. 16. To the greatest extent possible, the Grantee shall compile and keep information on its clients' income, ethnicity and gender and submit this information to the City in a fiscal year-end report. 17. Any program income derived from Block Grant funds must be used for approved expenditures of the Grantee. 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 SOUTH Y COMMUNITY SERVICES . M(~yor of~of ch~lSsta ~ity Clerk '' Approved as to fo~ by WPC 1168X -3-