The URL can be used to link to this page

Home My WebLink About1975-01-07; City Council; Resolution 35711 2 3 4 5 6 7 8 9 1c 11 12 1: 0 2( 21 2: 2: 2f 2! 2( 2' 21 2! 3( 3: 3; RESOLUTION NO. 3571 A RESOLUTION OF THE CITY COUNCIL F THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND NORTH COUNTY LIFELINE FOR SERVICES IN CITY'S DRUG ABUSE PREVENTION PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and North County Lifeline for services in City's drug abuse prevention program, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby ap- proved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th day of January , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis and McComas NOES: None ABSENT : Co u n c i 1 man S ko t n i c k i ATTEST : (SEAL) m a ZAHIBIT A SAN DIEGO COU" (PL 93-203) COY22EHENSIVE EMPLOYMENT AND TRAINING ACT AGREEMENT THIS AGREEMENT entered into this 7th day of January , 1975 by and between CITY OF CARLSBAD , hereinafter referred to as "Employing Agency," and the COUNTY OF SAN DIEGQ, hereinafter referred to as "County." WITNESSETH: ________-- WHEREAS, County has been granted funds by the Federal Government under the Comprehensive Employment and Training Act of 1973; and WEREAS, County is required by said Act to allocate the granted funds equitably among other public agencies in San Diego County which desire to conduct emFloyment programs under the Act; and WHEilEAS, Employing Agency is such a public agency and desires to condcct an employment program under the Comprehensive Employment and Training Act of 1973; NOW THEFtEFORE IT IS AGRFED AS FOLLOWS: 1. For the period commencing December 16, 1974 . and ending December 31, 1975 I Employing Agency hereby agrees to conduct an cmployrnent progran? to provide unemployed and underemployed persons with employment wherein they will provide needed public services. In furtherance of said employment program, Employing Agency shall employ persons to fill the positions specified in the Occupationzd Summary which is attached hereto as Exhibit "B" and by reference incorporated herein. Revisions and adjustments in the Occupational Summary may be made by written mutual letters of agreement. In conducting said employment program, Employing Agency shall comply with all requirements, provisions, terms, and conditions of the Comprehensive EnpLoyment and Training Act of 1973 Public Law 93-203; the regulations pursuant thereto, the guidelines of the County of San Diego Department of Special Manpower Services related thereto, and the grant condi- tions agreed to by County in securing funding under said comprehensive Employment and Training Act of 1973, including, but not limited to, those requirements, provisions, terms, and conditions respecting selection of participants, use of federal funds, record keeping and reporting, compensation and working conditions of participants, and non-discrimination, A copy of said Comprehensive Employment and Training Act of 1973, copies of the regulations and guidelines pursuant thereto, and copies of County's application for funding under the Act are available for inspection at the Office of the Director, Special Manpower Services, 1600 Pacific Highway, San Diego, California. In the event "the Act or Dle 1 regulations or guidelines pursuant-thereto are amended at any time subsequent--. - to the date of this Agreement, the Employing Agency shall comply with them as amended. The Employing Agency's Application for Funding is attached as Exhibit A" and by reference is incorporated herein. II -2- 2. For Employing Agency's conduct of the employment prograrn specified in paragraph 1 of this Agreement, County shall grant to Employing Agency a sum not to exceed $113,255.00 on or before December 31, 1975 . Said sum is to be spent by Employing Agency in the conduct of its employnent program in accordance with the Comprehensive Employment and Training Act, Title XI, Budget Estimates attached hereto as Exhibit "A" and by reference incorporated herein. Any of the above funds remaining unspent at the end of the period specified in paragraph 1 of this Agreement shall be returned to the County . by Employing Agency when the final financial report is submitted by Employing Agency to Coun ty . 3. The Director, Department of Special Manpower Services, 1600 Pacific Highway, San Diego, California, or his designated representative, shall administer and monitor performance of this Agreement on behalf of the County and shall at all times have the right to inspect, monitor and evaluate the employment program of Employing Agency pursuant to this Agreement. Agency. shall administer this Agreement on behalf of the Employing 4. If any funds are expended by Employing Agency in violation of the Act, the regulations, the guidelines, or grant conditions, the County may make necessary adjustments in payments to Employing Agency on account Of such unauthorized or illegal expenditures. County may draw back unexpended funds which have been made available in order to assure that they will be used in accordance with the purposes of the Act or to prevent further unauthorized or - 3- illegal expenditures, and County my withhold funds otherwise payable under the Act in order to recover any amounts expended illegally or for unauthorized purposes, If no further payments would otherwise be made under this Agreement, the County may request a repayment of funds used for unauthorized or illegal expenditures, and within thirty (30) days after receipt of such request and such repayment shall be made. No action taken by the County under this paragraph shall, entitle Employing Agency to reduce either salaries and wages or supportive services for any participant or to expend less during the period specified in paragraph 1 of this Agreement than those sums called for in the budget contained in Exhibit "A" either €or salaries and wages or for supportive servcies for participants. be deemed sufficient cause for termination under paragraph 6 of this Agreement. Any such reduction in expenditures may 5. Termination. A. If the grant to the County under the Comprehensive Employment and Training Act of 1973 is terminated by the Federal Government in whole or in part for any reason whatsoever, the County may terminate this Agreement in whole or in part. B. If a party violates the Act, "&e regulations, the guidelines or grant terns or conditions specified in paragraph 1 of this Agreement, the other party may terminate this Agreement in whole or in part unless the part in violation causes such violation to be corrected within a period of fourteen (14) days after receipt of a written notice specifying the violation. For the convenience of the parties, either party may in its discretion, however, terminate this Agreement in whole or in part €or any reason whatsoever on , -4- m 0 fifteen (15) days notice to the other party. D. Termbation under the provisions of paragraph 5 shall be effected by a notice of termination which shall specify the extent of termination and the date c2on which such termination becomes effective. upon receipt of a notice of termination, Employing Agency shall (1) discontinue further commitments of funds to the extent that they relate to the terminated portion of the Agreement, (21 promptly cancel all agreements, and contracts utilizing funds under this Agreement to the extent that they relate to the terminated portion of the Agreement, (3) settle, with the approval of the county, all outstanding claims arising from such termination, (4) submit, within six months after the receipt of the notice of termination, a termination settlement proposal which shall include a final statement of all unreimbursed costs related to the terminated portion of this Agreement, but in case of termination for violation of this Agreement by Employing Agency, the cost of preparing the settlement proposal shall not be reimbursed to the Employing Agency. 6, Notice. All notices and correspondence shall be directed to the respective representatives at their addresses contained herein. 7. Audit. At any time during normal business hours and as often as County may deem necessary, Employing Agency shall make available to County for ex>mination all of Employing Agency's data and records with respect to all. matters covered by this Agreement and Employing Agency will permit County to audit, examine and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel -5- and other data relating to all matters covered by +J-is Agreement. Employing Agency skall maintain suck data and records in an accessible location. Feseral agency having an interest in the s~ject of this Agreement shall have the sane rights conferred upon County by this paragraph. Any 8. Status of Employees. Persons employed by "ne Employing Agency under this Agreement shall be considered employees of the Employing Agency. Neither such persons nor the Employing Agency shall be considered an employee of the County. 9. Insurance and Hold Harmless Agreement. Employing Agency agrees to maintain such insurance as will fully protect both Employing Agency and County from any and all claims under any workmen's compensation act or employer's liability laws, and from any and all other claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever which may arise from operations carried on under this Agreement, either by Employing Agency, any subcontractor or by anyone directly or indirectly engaged or employed by either of them. Employing Agency shall exonerate, indemnify and hold harmless County from and against, and shall assume full responsibility for payment of, all Federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws, with respect to Employing Agency and Employing Agency's employees engaged in performance of this Agreement. and employees, shall not be, nor be held liable for any liabilities, penalties, County, and its agents or forfeitures, or for any danage to the goods, properties or effects of Employing Agency, or for any other persons WhatSOeVer. nor for personal injury . - 6- . .I*- .. . to or death of them, wheYner caused by or resultinc; from my negligent act or omission of Employing Agency. The provisions of this paragraph do not relieve the County of its liability for damages to Employing Agency caused by County's negligent acts or omissions. and hold harmless County and County's agents and employees, against and from any and all of the foregoing liabilities, and any and all costs or expenses incurred by County on account of any claim therefor. Employing Agency further agrees to indemnify Employing Agency agrees to assume the foregoing obligations and liabilities, by which it is intended by both parties that Employing Agency shall indemnify and hold County harmless from all claims arising by reason of the work done or by reason of any act or omission of Em;?loying Agency. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF C-MLSBAD COUNTY OF SAN DIEGO Ci .y Attomey 1200 Elm Avenue, Carlsbad, CA 92008 ~ .,--_ - -- - . Address -- 2. Highest Elected Official. MAYOR ROBERT FRAZEE Planned Average Month Dee 74 May 75 12 - -0 Jan -5 75 Jun.3 12. Ju~ 75 12 - Feb -5 75 Business Address 1200 Elm Avenue, Carlsbad, CA 92008 . Aug 75 12 - Mar 75 -5 Apr 75 12 .- - . .- Telephone # 729-1181 Ext. 51 - 3. Program Liaison Contact JEROME N. PIETI, Personnel Director Business Address 1200 Elm Avenue - -- L ------_I_____. ______ ParTshad. fA 931308 Telephone rr” 729-1181 EXt. 50 4. Fiscal Liaison THELMA SOWELL, Finance Director . .- _l_--_l_____ Business Address 1200 Elm Avenue Carlsbad, CA 92008 . Telephone # 729-1181 EX t. 41 __-- I ______ ___ 5. Kumber of Full-Time Employees 12 . 6. Number of Part-Time Employees 0 BUDGET ESTIbLATE I a Cost Category Participant Nzges Participant Benefits TraininE __ .- . _I .- Employment Services kdminis tration __ Total Federal Cost I S8,704 - -. * 19,170 n 0 5,381 113,255’ ‘I * 95% of CETA funds must be , used for wages and benefits - ‘ .I’ ~ SUBCR4NTEE: OF CARLSBAD ,4 ’ , ... PSE OZCUPATTONAL rant Number