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HomeMy WebLinkAboutReso 1985-12169 RESOLUTION NO. 12169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL RESTAURANT TRAINING PROGRAM, AND AUTHORIZING THE MAYOR 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 SWEETWATER UNION HIGH SCHOOL RESTAURANT TRAINING PROGRAM, dated the 24th day of September 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 P ' [ T~.~ma.s,d.. ~r~on Community Development Director ~i ty Atto~neyy WPC l172X ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 24th day of September 9 85 , by the following vote, to-wit: ~YES: Councilmembers Cox, Moore, Scott, M¢Candliss ~AYES: Council members None ~BSTAIN: Counci lmembers None %BSENT: Counci ]members Malcolm ~16y0r (~ t~ City of Chula Vista ~ City Clerk J' /' ;TATE OF CALIFORNIA ) ;aUNTY OF SAN DIEGO ) ss. :ITY OF CHULA VISTA ) I, JENNIE M, FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, 'O HEREBY CERTIFY thor the above ond foregoing is o full, true ond correct copy of RESOLUTION NO. 12169 ,and that the same has not been omendedor repealed. ATED. (seal) City Clerk C-660 AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF THE SWEEll~ATER UNION HIGH SCHOOL RESTAURANT TRAINING PROGRAM IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into this 24th day of September, 1985, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY," and SWEETWATER UNION HIGH SCHOOL RESTAURANT TRAINING PROGRAM, hereinafter referred to as "Del Rey Nutrition Program"; W I TNESS ETH : WHEREAS, the City Council of the City of Chula Vista has determined that the function of Del Rey Nutrition Program serves a valid public purpose and primarily benefits low and moderate income persons, and WHEREAS, the Sweetwater Union High School District operates a restaurant training program at Del Rey High School, which provides meals to seniors, and WHEREAS, the City Council of the City of Chula Vista desires to encourage the beneficial aims of the Del Rey Nutrition Program organization through appropriation of Block Grant funds, 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 organization known as the Del Rey Nutrition Program agrees to provide a Restaurant Training Program to interested students, who are mainly low/moderate income. The organization also agrees to provide meals for Senior Citizens at a cost of $1.20 per meal as part of this program. 3. That the administration of the Del Rey Nutrition Program agrees to expend City appropriated funds to meet bona fide obligations incurred in performing these services, not to exceed $4,000 for fiscal year 1985-86. 4. Del Rey Nutrition Program agrees to submit, on a yearly basis, a complete report listing information on the students' ethnicity, gender, and residency. Upon receipt by the City of this report, the City will remit the subsidy amount to the Del Rey Nutrition Program. 5. The Del Rey Nutrition Program shall maintain all financial records for three years following the year in which it was active. 6. Performance of this agreement may not, by subagreement, be assigned to any other entity without prior written consent of the City. 7. The City, at its discretion may require the Del Rey Nutrition Program 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 student served: residency, gender and ethnicity. 8. 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. 9. The Assistant Superintendent of Business Services, Sweetwater Union High School District, or his/her designated representative, shall represent the Del Rey Nutrition Program in all matters pertaining to the services rendered pursuant to the agreement and shall administer this agreement on behalf of the Del Rey Nutrition Program. 10. The Del Rey Nutrition Program 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. ll. The Del Rey Nutrition Program agrees to abide by the requirements of OMB Circular A-lO2, and specifically Attachment "0", Items 7 and 14. 12. The contract may be terminated or suspended by the City after 60 days notice to the Sweetwater Union High School District due to default by the District or Del Rey Nutrition Program's inability to perform, regardless of whether such inability is due to circumstances within or beyond Del Rey Nutrition's control. Settlement of any disputes shall be based on the laws of the State of California. 13. The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 14. Any program income derived from Block Grant funds must be used for approved expenditures of the Del Rey Nutrition Program., 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 SWEETWATER UNION HIGH SCHOOL f the~ /~ ~ RESTAURA, T TRAINIHG PROGRAM Mayor o of Chu 'sta Assistant Superintendent Business Services ATTE S~,~ //~/~~-- City Cle~ -/ ~ Approved ~s ~o fo~ b? (/ Ci~Attorney WPC ll65X