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HomeMy WebLinkAboutReso 1989-15240 (m) RESOLUTION NO. 15240 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EPISCOPAL COMMUNITY SERVICES, 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 EPISCOPAL COMMUNITY SERVICES, in regard to the expenditure of City funds appropriated, dated the 8th day of August , 1989, a copy of which is attached~to 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 WPC 41421i Acting Community Development Director ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~nULA VISTA, CALIFORNIA, this 8th do,/of August ~9 ~9 , by the following vote, to-wit: AYES; C0uncilmembers Malcolm, Moore, McCandliss, Nader, Cox NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci lmembers None M~oy~of~he Cit~f o~a Vista ' y/city O,k ~TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CiTY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Californio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION NO. 15240 ,ond fhot the some hos not been omentied or repeoled. DATED y/ City Clerk CC-660 _, (m) AGREEMENT SETTING OUT TERMS AND OBLiGATiONS OF EPISCOPAL COMMUNiTY SERVICES IN REGARD TO THE EXPENDITURE OF CiTY FUNDS APPROPRIATED THiS AGREElENT, made and entered tnto this 8th day August 1989, by and between the CiTY OF CHULA VISTA, a mu'GT{'ctpal heretnafter referred to as "Ctty" and SOUTH BAY ALCOHOL RECOVERY SERVICES, G heretnafter referred to as" rantee". WITHESSETH I~EREAS, the Ctt~ is currently ~nvolved in a Community Development Block Grant program, a principle 9oal of which ts to benefit low and moderate income persons; and WHEREAS, the Grantee ts e~utpped and vtlltng to provtde certain services to the Ctty which will primarily benefit low and moderate income persons and has the necessary expertise tn this field' for completing the same; and, WEREAS, the CIty ts desirous of having those certain services, heretnafter enumerated, performed by the Grantee; and, WHEREAS, funding for the Grantee ts contingent upon recetpt 'of a Letter of Credit authorizing a'-draVdown-of-Block Grant funds from the U. S. Department of Housing and Urban I)evelopment (HUD); and - I~IEREAS, no expenditure may be made-out of any appropriation awarded such a Grantee unless an agreement has been reached between the partfes setting out the terms and obligations for the expenditure of such funds. WEREAS, the Grantee agrees that tn receiving City CDB~ funds the Grantee is not an agent or representative of the City, and that all operations are Independent of the Ctty. The Grantee also agrees to indemnify and hold the City free and harmless from any and all 11ability connected with the Grantee's operation or use of funds. NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. The term of thts agreement shall be for a period of one (1) year from July 1, 1989, through June 30, 1990, unless further modtfted to tnclude other permitted expenditures of funds that are appropr. tated by the City Counc t 1. 2. The Grantee agrees to expend Ctty-apprcpriated funds to meet bona fide obligations associated with the establishment and operation of a substance abuse assistance center in the Iqontgomery area of Chula Vista .for the period of July 1. lgBg through. June 30, lggO. Said expenditure. of City funds shall not exceed $17o500 as demonstrated in the budget attached as Exhibit A and incorporated hereiF,.' City CDBG payments for 'any category of the budget attached hereto as Exhibit A shall not exceed by more than 10% the amount indicated on Exhibit A for that category without formal amendment. of ..,, thts agreement. 3. Payment Of those City-appropriated funds shall be made to the Grantee in monthly installments following receipt by City of expense reimbursement claim forms from Grantee. 4. The Grantee shall maintain all financial records for three years following the fiscal year in which this agreement is active. ~. Zn exchange fo~ these City-~ppropriated funds, the Grantee --aVrmes to operate a substance abuse assistance center in the Montgomery area o Chula Vista and provide educational, intervention and prevention services for Individuals. families and tomunity groups. The Grantee agrees to serve a mtnimum of 275 Chula Vista resident clients through the operation of the Montgomery center during the period covered by this contract. '~?""'6~;'~ The' Grantee shall provide the Ctty with a quarterly report to ~';~ include the following statistics relative to its clients: ~- ' - (1) Number'6f clients served (2). Number of low or moderate income cllents (3) Ethnictry of clients .(4) Restdency of clients iS) Gender of clients (6)-. Type of services provided to clients (7) Previous quarter's expenditures of Block Grant funds 7; PerfOrmance 'of this' agreement may not, by subagreement, be assigned to any other entity without prior, written consent of the City. ' or allow the City to undertake a complete financial and program audit of its ~ recordS. Those records shall contain, at a minimum, the following Infomation for each client served: Inco~, residency, gender and ethntctty. The records shall also contain receipts or other proof of all expenditures made of u Comunity DeveloPmnt, or his/her designated' rep~sentatfve, shall represent the City in all matters perta n~ng to the i services rendered pursuant to the agraement and shall administer this agree;~nt on behalf of the City. 10. ~e Chief Officer of South Bay Alcohol Recovery Services, or hts~er designated representative, shall represent the Grantee In all matters to. the'services rendered pursuant to the agre~ent an~ shall this ag~ement on behalf of the Grantee. -2- 11. 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, 12, The Grantee agrees to abide by the requirements of Department 'of Housing and Urban Development regulations 24 CFR 570,502, .' 13, The Grantee agrees to abide by the requirements of 0H13 Circular A-122, "Cost Principles for Non-Profit Organizations,"' 14, The contract m~ 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, ~egardless 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 reSer~e"'the 'right'to pursue any .remedy provided under California 1me for remedy..tn instances where contractors violate or breach contract terms, :. 16. The Grantee' shall account for :the use of Block Grant 'funds separately from other funds, so as to demonstrate that the funds are used. for their designated purposes, · "' 17. Any program income derived from Block Grant funds must be reported to City and can be used by Grantee.only for servtces.fundedunder thi s contract. 18, The Grantee shall transfer any remaining CDBG funds to the Ctty at the time of expiration of this contract, 19, The Grantee shall maintain a drug-free Norkplace at all times for the duration or this contract, IN 14ITNESS 14HEREOF, the parties hereto have caused this agreement to be executed the day and year first herein above set forth. EPISCOPAL COMMUNITY SERVICES ~ 1.000 . . -: '~,:. ~. Contract Admlnletrat i~n :;," ._2j~O~ . · ,;, .~ ~. :. Clay'of Chdla V~eta " 817.500 "~.~ :,.~: ~