HomeMy WebLinkAboutC-2047 - CETA (California Employment Training Act) Services for YMCACITY OF NEWPORT BEACH
November 6, 1979
Mr. Jim de Boom
Orange Coast YMCA
2300 University Drive
Newport Beach, Ca 92660
Dear Jim:
In compliance with Section 10 of the Agreement made August 16,
1977, between the City of Newport Beach and the Orange Coast
YMCA, the City hereby notifies you that we intend to terminate
this Agreement effective December 6, 1979.
Payment will be provided for invoices up to, and including the
last day of employment of the remaining CETA employee (November 2,
1979), upon receipt of your final invoice.
Sincerely yours,
Robert L. Wynn
City Manager
GS
cc: Dell Cross, Orange County Manpower Commission
City Clerk
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
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AMENDMENT TO AGREEMENT
BETWEEN CITY OF NEWPORT BEACH
AND ORANGE COAST Y.M.C.A.
THIS AMENDMENT TO AGREEMENT is made and entered into this 1st
day of October, 1979, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "City" and ORANGE COAST Y.M.C.A. a
California non - profit corporation, hereinafter referred to as "Contractor
WITNESSETH:
WHEREAS, City and Contractor.have entered into an agreement
dated August 16, 1977, to provide a public service employment program under
Title VI (Projects) of the Comprehensive Employment and Training Act of 1973
(Public Law 93 -203, 87 Stat. 839) for unemployed CITY residents through such
agreements with CONTRACTOR as contained herein; and,
WHEREAS, Contractor has requested certain amendments to said
agreement to provide for an extension of the term of said agreement to and
including April 30, 1980, and to provide for additional payments for all
services, materials, equipment and facilities provided during that period;
and,
WHEREAS, the City Council by Resolution No. 8456 has authorized
the City Manager to execute certain agreements on behalf of the City of
Newport Beach; and,
WHEREAS, the City Manager has determined that the aforementioned
amendments are reasonable and justifiable,
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties hereto agree as follows:
1. Paragraph 2 of the agreement dated August 16, 1977, is hereby
amended to read:
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"2. DUTIES OF CITY. City covenants and agrees:
A. To pay and Contractor agrees to accept.as full and
complete payments for all services, materials, equipment and facilities
provided in accordance with this Agreement, the sum not to exceed
six thousand four hundred dollars ($6,400). Payments will be made
by City to Contractor within sixty (60) days following receipt of
the Program Monthly Invoice to be submitted to City by Contractor.
2. Paragraph 9 of the Agreement dated.August 16, 1977, is
hereby amended to read:
"9. TERM
The term of this agreement shall be to and including
April 18, 1980, unless terminated sooner as provided herein."
3. The remainder of the terms and conditions contained in said
Agreement dated August 16, 1977, shall remain in full force and effect
and continue to be binding on the parties hereto.
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IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
CITY OF NEWPORT BEACH, a
municipal corporation
By a—LA� I D Lo
Robert L. Wynn
City Manager
Attest:
City C erk
CITY
ORANGE COAST Y.M.C.A., a
California non - profit corporation
By
President
By
Secretary
3
CONTRACTOR
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AMENDMENT TO AGREEMENT
BETWEEN CITY OF NEWPORT BEACH
AND ORANGE COAST Y.M.C.A.
THIS AMENDMENT TO AGREEMENT is made and entered into this ist
day of October, 1979, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "City" and ORANGE COAST Y.M.C.A. a
California non - profit corporation, hereinafter referred to as "Contractor"
WITNESSETH:
WHEREAS, City and Contractor have entered into an agreement
dated August 16, 1977, to provide a public service employment program under
Title VI (Projects)-of the Comprehensive Employment and Training Act of 1973
(Public Law 93 -203, 87 Stat. 839) for unemployed CITY residents through such
agreements with CONTRACTOR as contained herein; and,
WHEREAS, Contractor has requested certain amendments to said
agreement to provide for an extension of the term of said agreement to and
including April 30, 1980, and to provide for additional payments for all
services, materials, equipment and facilities provided during that period;
and,
WHEREAS, the City Council by Resolution No. 8456 has authorized
the City Manager to execute certain agreements on behalf of the City of
Newport Beach; and,
WHEREAS, the City Manager has determined that the aforementioned
amendments are reasonable-and justifiable,
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the pa'lies hereto agree as follows:
1. Paragraph 2 of the agreement dated August 16, 1977, is hereby
amended to read:
"2. DUTIES OF CITY. City covenants and agrees:
A. To pay and Contractor agrees to accept-as full and
complete payments for all services, materials, equipment and facilities
provided in accordance with this Agreement, the sum not to exceed
six thousand four .hundred dollars ($6,400). Payments will be made
by City to Contractor within sixty (60) days following receipt of
the Program Monthly Invoice to be submitted to City by Contractor.
2. Paragraph 9 of the Agreement dated August 16, 1977, is
hereby amended to read:
"9. TERM
The term of this agreement shall be to and including
April 18, 1980, unless terminated sooner as provided herein."
3. The remainder of the terms and conditions contained in said
Agreement dated August 16, 1977, shall remain in full force and effect
and continue to be binding on the parties hereto.
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IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
CITY OF NEWPORT BEACH, a
municipal corporation
By 4"—;\ a V t/
Robert L. Wynn
City Manager
Attest:._
City Clerk
[411r7
ORANGE COAST Y.M.C.A., a
California non - profit corporation
By 4:5
Secretary
3
CONTRACTOR
-?—.v/
CITY 01 NEINPORT BEACH RECEIPT
NEWPORT BEACH. CALIFORNIA 92663
07697
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RECEIVED PRO" ILI fiV02
t
f FOR:
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ZZ 7ff(a DEPARTMENT
MIZT-7 &_ M6
N2 248
90•2800 /1222
J NEwPoRTHARBOUR NATIONAL BANK
December 11.,..___1979
Pay to the Forder of.___._......__. -- _ — --------- CITY OF NEWPORT BEACH —_— ---------------------
. . ..... ......... . ..... ..
$ 22,000.00
r.
-- - - - - -- TWENTY -TWO THOUSAND AND 00/ 100---------------------------- - - - - --
._...._.
. ..... I ------- Dollars
74 SANTIAGO BANK
S35 FASf FIRST STREET
TUSTIN, CALIFORNIA 92680
ODOD 21,811' 1: 1 2 2 2 2800 31: D LO LO F3 2 79 Lit'
a
CITY OF NEWPORT BEACH
TO: FINANCE DI]RECMR
FROM: City Clerk
SUBJECT: Contract No. 2047 (Amendment)
Description of Contract Amendment to
CALIFORNIA
DATE April 3, 1979
between the
Authorized by Resolution No -cit. Uanag, , adopted on
Effective date of Contract _ -ranuary 1, 197
Contract with Orange rnact YMrA _
Address 990n T Inivercity rlriye
Newport Rearh, CA 9760 "
Amount of Contract see rnntrart
City Clerc
City Hall
3300 W. Newport Blvd
Area Code 714 .
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AMENDMENT To AGREEMENT
BETWEEN CITY OF NEWPORT BEACH
AND ORANGE COAST Y.M.C.A.
THIS AMENDMENT TO AGREEMENT is made and entered into this 1st
day of January, 1979, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "City," and ORANGE COAST Y.M.C.A., a
California non - profit corporation, hereinafter referred to as "Contractor."
W I T N E S S E T H:
WHEREAS, City and Contractor have entered into an agreement
dated August 16, 1977, to provide a public service employment program under
Title VI (Projects) of the Comprehensive. Employment and Training Act of 1973
(Public Law 93 -203, 87 Stat. 839) for unemployed CITY residents through such
agreements with CONTRACTOR as contained herein; and,
WHEREAS, Contractor has requested certain amendments to said
agreement to provide for an extension of the term of said agreement to and
including September 30, 1979, and to provide for additional payments for
all services, materials, equipment and facilities provided during that period;
and,
WHEREAS, the City Council'by Resolution No. 8456 has authorized
the City Manager to execute certain agreements on behalf of the City of
Newport Beach; and,
WHEREAS, the City Manager has determined that the aforementioned
amendments are reasonable and justifiable,
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties hereto agree as follows:
1. Paragraph 2 of the agreement dated August 16, 1977, is hereby
amended to read:
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"2. DUTIES.OF.CITY. CITY. covenants and agrees:
A. To pay and CONTRACTOR agrees to accept as full and
complete payments for all services, materials, equipment and facilities
provided in accordance with this Agreement, the sum not to exceed
twenty -five 'thousand dollars ($25,000). Payments will be made by
CITY to CONTRACTOR within sixty (60) days following receipt of the
Program Monthly Invoice to be submitted to CITY by CONTRACTOR.
2. Paragraph 6 of the Agreement is amended to include:
"6. APPLICABLE LAWS
(10) CONTRACTOR agrees to inform all CETA employees,
in writing, of Grievance Procedures, Civil Rights, and
Rights and Privileges of CETA Employees."
3. Paragraph 9 of the Agreement dated August 16, 1977, is
hereby amended to read:
"9. TERM
The term of this Agreement shall be to and including
September 30, 1979, unless terminated sooner as provided herein."
4. The remainder of the terms and conditions contained in said
Agreement dated August 16, 1977, shall remain in full force and effect
and continue to be binding on the parties hereto.
IN WITNESS WHEREOF, ,the .parties have executed this agreement as
of the day and year first above written.
CITY OF NEWPORT BEACH, a
municipal corporation
By Robert L.I Wynn
City Manager
Attest:
City Clerk
CITY
ORANGE COAST Y.M.C.A., a
California non - profit corporation
By
Presiden
By�,i'- L� -��i�-
Secretary
CONTRACTOR
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TO: FINANCE DIRECTOR
FROM: City Clerk
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CITY OF NEWPORT BEACH
CALIFORNIA
City 11411
3300 W. Newport Blvd.'
Area Code 714
DATE September 27, 1978
SUBJECT: Contract No. 2047
Agreement and
Description of Contract Amendment to agreement between the City and Orange
Coast Y.M.C.A.
Authorized by Vawbaftwu=x City Manager , adopted on
Effective date of Contract October 1, 1978
Contract with Orange Coast Y.M.C.A.
Address 2300 University Drive
Newport Beach, CA 92660
Amount of Contract (See contract)
An City 4Cler
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AMENDMENT TO AGREEMENT
BETWEEN CITY OF NEWPORT BEACH
AND ORANGE COAST Y.M.C.A.
THIS AMENDMENT TO
is made and entered into
this 1st day of October, 1978, by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as City,"
and ORANGE COAST Y.M.C.A., a California non - profit corporation,
hereinafter referred to as "Contractor."
W I T N E S S E T H:
WHEREAS, City and Contractor have entered into an
agreement dated August 16, 1977, to provide a public service
employment program under Title VI (Projects) of the Comprehensive
Employment and Training Act of 1973 (Public Law 93 -203, 87 Stat.
839) for unemployed CITY residents through such agreements with
CONTRACTOR as contained herein; and,
WHEREAS, Contractor has requested certain amendments
to said agreement to provide for an extension of the term of
said agreement to and including December 31, 1978, and to provide
for additional payments for all services, materials, equipment
and facilities provided during that period; and
WHEREAS, the City Council by Resolution No. 8456
has authorized the City Manager to execute certain agreements on
behalf of the City of Newport Beach; and
WHEREAS, the City Manager has determined that the
aforementioned amendments are reasonable and justifiable,
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties hereto agree as follows:
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1. Paragraph 2 of the agreement dated August 16, 1977,
is hereby amended to read:
'2. DUTIES OF CITY. CITY covenants and agrees:
A. To pay and CONTRACTOR agrees to accept
as full and complete payment for all services, materials,
equipment and facilities provided in accordance with this
Agreement, the sum not to exceed twelve thousand dollars
($12,000). Payments will be made by CITY to CONTRACTOR
within sixty (60) days following receipt of the Program
Monthly Invoice to be submitted to CITY by CONTRACTOR.
2.' Paragraph 9 of the agreement dated August 1'6,
1977, is hereby amended to read:
"9. TERM
The term of this Agreement shall be to and
and including December 31, 1978, unless terminated
sooner as provided herein."
3. The remainder of the terms and conditions contained
in said agreement dated August 16, 1977, shall remain in full force
and effect and continue to be binding on the parties hereto.
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IN WITNESS WHEREOF, the parties have executed this
agreement as of the day and year first above written.
CITY OF NEWPORT BEACH, a
municipal corporation
By Robert L. Wynn
City Manager
Attest4`4
Jerk
CITY
ORANGE COAST Y.M.C.A., a
California non- profit corporation
By Y
President
By
Secretary
CONTRACTOR
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A G R E E M E N T
THIS AGREEMENT is made and entered into this 16th day of
August, 1977, by and between the
CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY,"
A
N
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ORANGE COAST, Y.M.C.A., a California non - profit
corporation, hereinafter referred to as "CONTRACTOR."
W I T N E S S E T H:
WHEREAS, CITY has received a Subgrant from the Orange County
Manpower Commission to Conduct a Public Service Employment Program under
Title VI of the Comprehensive Employment and Training Act of 1973 (Public
Law 93 -203, 87 Stat. 839), hereinafter referred to as the Act; and
WHEREAS, the CONTRACTOR has met the requirements for operating
a Public Service Employment Program and is willing to conduct such a
program pursusant to said Act; and
WHEREAS, the City of Newport Beach proposes to provide a public
service employment program for unemployed CITY residents through such
agreements with CONTRACTOR as contained herein; and
WHEREAS, CITY desires to put all parties on notice that this
funding agreement is for a limited period only, not to extend beyond
September 30, 1978, and that there are not sufficient funds to cover
employee transition into permanent employment under the above Act.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
1ICOVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS
JI FOLLOWS:
1. DUTIES OF CONTRACTOR. CONTRACTOR covenants and agrees:
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A. To hire all personnel under this Agreement and take
responsibility to inform all employees hired under this Act that funding
under this program terminates on September 30, 1978.
B. To keep accurate accounting records to show that such funds
received under the Act were properly distributed to employees holding such
positions as described herein under this Agreement.
C. To complete in duplicate once a month, a Monthly Invoice
form, and agrees that the aforementioned form will be delivered to the
City of Newport Beach, Personnel Office, City Hall, Newport Beach, California,
92663. Invoices must be in our hands ten days in advance of the date for
j which payment is due and expected.
D. To take the responsibility to assure that the form referred
to in Subsection C, above, is delivered to the City of Newport Beach
I Personnel Office.
E. To be responsible for deducting Federal and State Income
Taxes, Social Security deductions and to pay benefits as agreed between
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CONTRACTOR and employees hired under the Act.
F. That the work day contemplated under this Agreement shall be
generally an eight (8) hour work day (40 hour work week), generally Monday
through Friday (8:00 A.M. through 5:00 P.M.).
G. To assure that the Monthly Invoice properly reflects the
total wages and benefits and any and all associated costs in the program.
That appropriate costs attendant to the recruiting, screening and
certification by the City to assure proper qualifications of persons to
I be employed under this Act for referral to the CONTRACTOR for employment,
will be charged /assessed against the CONTRACTOR'S grant.
2. DUTIES OF CITY. CITY covenants and agrees:
A. To pay and CONTRACTOR agrees to accept as full and complete
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payment for all services, materials, and equipment and facilities provided
in accordance with this Agreement, a sum not to exceed Seventy Five
Thousand Two Hundred and Eighty Two Dollars ($75,282.00). Payments will
be made by CITY to CONTRACTOR within sixty (60) days following receipt of
the Program Monthly Invoice to be submitted to CITY by CONTRACTOR.
3. RELATIONSHIP TO PARTIES.
A. The
,parties agree that CONTRACTOR shall act as an independent
contractor under the terms and conditions of this Agreement and that employees
of CONTRACTOR are not nor shall they be deemed to be employees of CITY, and
that employees of CITY are not nor shall they be deemed to be employees of
ICONTRACTOR.
B. CONTRACTOR shall have the right to hire, dismiss, or promote
such personnel hired under this Agreement so long as such hiring, dismissal
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for promotion does not violate Title VI of the Civil Rights Act of 1964, the
Fair Labor Standards Act of 1938 or other Equal Opportunity Employment
!regulations.
4. SAVE HARMLESS AGREEMENT
CONTRACTOR hereby agrees to release and to indemnify and save
harmless CITY, its officers, agents and employees for and against any and
fall loss of, or damage to, property, or injuries to , or death of, any person
or persons, including property and employees or agents of CITY, and shall
1defend, indemnify and save harmless CITY, its officers, agents, and employees,
from any and all claims, damages, suits, costs, expense, liability, actions
or proceedings of any kind or nature whatsoever, in any way resulting from,
or resulting out of, directly or indirectly, its operations in connection
with the terms and provisions of this Agreement.
5. INSURANCE
In order to secure CONTRACTOR'S obligations to hold harmless and
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1 indemnify CITY, CONTRACTOR shall procure and maintain the following insurance:
2 A. Workers' Compensation Insurance as prescribed by the laws of
3 the State of California.
4 B. Comprehensive Automobile Bodily Injury Liability and Property
5 Damage Liability Insurance with Limits of $250,000. for bodily injury or
6 death of any one person; $500,000. for bodily injury or death of two or
7 more persons in any one accident, and $100,000. for property damage in any
8 one accident.
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9 C. Comprehensive General Bodily Injury Liability and Property
10 Damage Liability Insurance, including Public Liability, with limits of
11 $250,000. for bodily injury or death of any one person; $500,000. for bodily
12 injury or death of two or more persons in any one accident, and $100,000. for
13 property damage in any one accident.
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141 CONTRACTOR further agrees to secure and deliver to CITY at the
15 time of execution of this Agreement a Certificate of Insurance evidencing
16 such coverage, naming CITY, its officers, agents and employees as insured,
17 I providing said insurance shall be primary and not contributing with any
18 1 liability insurance of the City, and providing a ten (10) day notice of
19 cancellation of termination.
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20 6. APPLICABLE LAWS.
21 A. CONTRACTOR agrees to comply with all applicable Federal,
22 State and local requirements with respect to the services and materials to
23 be furnished in accordance with the terms and conditions of this Agreement,
24 including Department of Labor guidelines, applicable Orange County Manpower
25 Commissions guidelines and regulations and CITY Personnel Procedures and
26 regulations.
27 B. CONTRACTOR agrees and certifies that:
28 (1) If the regulations promulgated pursuant to the
Act are amended or revised, it shall comply with them
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or will notify in writing the City of Newport Beach
within thirty (30) days after promulgation of the
amendments or revision that it cannot so conform so
that CITY may terminate the Agreement.
(2) CONTRACTOR will comply with Title VI of the Civil
Rights Act of 1964 (P.L. 83 -354) and in accordance
with Title VI of the Act, no person in the United
States on the grounds of race, color, sex, age, or national
origin will be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimi-
nation under this Agreement.
(3) CONTRACTOR will comply with the provision of the Hatch
Act which limits the political activity of employees
hired under this Agreement.
(4) CONTRACTOR will comply with the requirements that no
program under the Act shall involve political activities.
(5) CONTRACTOR will give the United States Department of Labor
and /or Comptroller General, through any authorized repre-
sentative, as well as the City of Newport Beach, the
access to and the right to examine all records, books,
papers or documents related to the accounting and use of
funds under this Agreement.
(6) CONTRACTOR will assure that no person with responsibilities
in the operation of this program will discriminate with
respect to any program participant or any applicant for
participation in program because of race, creed, color,
national origin, sex, political affiliation or beliefs.
(7) CONTRACTOR agrees that appropriate standards for health
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and safety in work and training situations will be
maintained.
(8) CONTRACTOR agrees that it will use appropriate funds
received from the CITY to provide Workers' Compensation
protection to all those hired by CONTRACTOR in connection
with this Agreement.
(9) CONTRACTOR agrees that the program will, to the maximum
extent feasible, contribute to the occupational develop-
ment or upward mobility of individual participants.
7. ASSIGNMENT.
Neither CITY nor CONTRACTOR may assign or transfer this
Agreement nor any duties or obligations thereunder without the prior
'written consent of the other party.
B. ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between the
jparties and there are no other further written or oral understandings or
agreements with respect thereto. No variation or modification of this
lAgreement and no waiver of its provisions shall be valid unless in writing
land signed by the duly authorized officers of CONTRACTOR and CITY. This
Agreement supersedes any and all other agreements either oral or in writing
(between the parties, and contains all the covenants and conditions between
the parties with respect to the use of funds under this Agreement.
9. TERM.
The term of this Agreement shall be from July 1, 1977, through
(September 30, 1978, both dates inclusive unless terminated sooner as pro-
I vided herein.
10. TERMINATION.
Either CITY or CONTRACTOR may terminate this Agreement at any
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time by giving the other at least thirty (30) days' notice in writing of
such termination. Should this Agreement be terminated during any calendar
month, payments provided for herein shall be prorated on a calendar basis
for the number of calendar days which have expired prior to such effective
date of termination. Notwithstanding such termination agreement, CITY shall
have the right as well as the duty to terminate the Agreement with CONTRACTOR
without notice when it is shown that there has been an intentional misuse
!, of funds, false reporting procedures, and /or an intentional violation of
Title VI of the Civil Rights Act of 1964, and /or of the Fair Labor Standards
Act of 1938.
11. NOTICES.
All notices required by this Agreement shall be in writing
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land shall be sufficiently given and served upon the other party if sent by
,United States mail, postage prepaid, and addressed as follows:
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IF SENT TO CITY: Office of the City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California, 92663
;or such other place as the CITY may, from time to time, designate by notice
Ito CONTRACTOR.
IF SENT TO CONTRACTOR: Orange Coast Y.M.C.A.
2300 University Dr.
Newport Beach, California, 92660
or at such other place as the CONTRACTOR may, from time to time, designate
Eby notice to CITY.
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IN WITNESS WHEREOF, this Agreement is executed by the parties
hereto on the day and year first hereinabove written.
CITY OF NEWPORT BEACH a municipal
Corporation
By �1.� �, ��- �i•�v".
City Manager
Attest:
City Clerk
"CITY"
ORANGE COAST Y.M.C.A.
a California non - profit corporation
By
President
By
Secretary
"CONTRACTOR"