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HomeMy WebLinkAboutReso 1988-13684 (d) RESOLUTION NO. 13684 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES 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 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, in regard to the expenditure of City funds appropriated, dated the day of , 1988, a copy of which is attached~to and incorporated herein, '~h~ 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 ,-'-~half of the City of Chula Vista. Presented by Approved as to form by Th ' a'~ ' WPC 3642H/3643H ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HUL ,/ISTA, CALIFORNIA, this 19th cloy of July 88 ) __, by the following vote, to--wit: YES: Councilmembers Malcolm, Moore, McCandliss, Nader AYES: Counci 1 members None BSTAIN: Councilmembers None ELSENT: Counci linetubers Cox . of the City of Chulo Visto FTEST~C~ 'ATe_ .F CALIFORNIA ) )UNTY OF SAN DIEGO ) ss. FY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK Of the City of Chulo Visto, Colifornio, HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION N0. 13684 ,ond thor the some hos not been omended or repeoled TED City Clerk CITY OF CHULA VISI'A - sso AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF SOUTH BAY COMMUNITY SERVICES "i IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into this Iq~h ~day of July 1988, 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, heroinafter 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 ~, 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, 1988 through June 30, 1989, 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. The Grantee agrees to serve a minimum of 1,950 Chula Vista resident clients during the period covered by this agreement. 3. The Grantee agrees to expend City appropriated funds to meet bona fide obligations incurred for rent, office supplies, utilities 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 -- -2- \ ,~ty l, 1988, through June 30, 1989, for an amount not to exceed $23,500 as demonstrated in the budget attached as Exhibit A and incorporated herein. Cumulative payments of City CDBG funds for any category of the budget may not exceed by more than 10% the amount shown for that category in the budget without formal amendment of this agreement. 5. The Grantee shall submit on a quarterly basis a report of all financial expenditures and information on all clients including the following: a. number of low or moderate income persons b. residency c. gender d. ethnicity e. type of service provided 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 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. The records shall also contain receipts or other proof of all expenditures made or reimbursed with City CDBG funds. 9. 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. 10. 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. ll. 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 OMB Circular A-lO2, and specifically Attachment "0", Items 7 and 14. 13. The Grantee agrees to abide by the requirements of OMB Circular ~ !22 "Cost Principles for Non-Profit Organizations." 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 remedy in 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 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 CIT OF .CHULA VISTA Cf SO/~BAY COMMUN: SERVICES ATTES ' ~~ i y Clerk ' ~ Approved as to form by WPC 3650H