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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 0 . 0 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: 0 "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. iq 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 0 • 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. Y r vy p t 1 • 0 i 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 co 0 RECEIVED PRO" ILI fiV02 t f FOR: i - 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 . 0 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: l •I • • "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 0 TO: FINANCE DIRECTOR FROM: City Clerk 0 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 • r] 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: 0 0 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. -2- 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 -3- 11 2I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 D 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: M, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 i 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 -2- !3I 2 3 4 5 6 7 8 9!. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 i 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 -3- i 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. I 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. i 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. i 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii • • 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 -5- 1 2 3 4 51 6 71 r lO 11� 12I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 I land shall be sufficiently given and served upon the other party if sent by ,United States mail, postage prepaid, and addressed as follows: i 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. -7- I ' II • • 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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"