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HomeMy WebLinkAboutHuntington Beach Union High School District - 1974-12-10SUB -CONTRACT N0. 1 1: 4 FOR SERVICES UNDER OCJP GRANT NO. 171$ A PROGRAM OF JUVENILE DELINQUENCY PREVENTION THIS AGREEMENT, entered into this IOth day of December 1974 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, (hereinafter referred to as "City"), and the HIUNTINGTON BEACH UNION HiGH SCHOOL DISTRICT, a local education agency, incorporated under the laws of the State of California, hereinafter referred to as "CONTRACTOR"), is made in furtherance of the national policy as enunciated in Public Law 90-0.51, the Omnibus Crime Control and Safe Streets Act of 1968. WITNESSETH: WHEREAS, the Council of the City of Huntington Beach, California by Resolution No. J9!/ , passed and adopted on �o4 X �L1774 _ authorized the city's submission of an application for a research grant in juvenile delinquency prevention to the Office of Criminal Justice Planning, hereinafter re- ferred to as "OCJP"; and WHEREAS, the Huntington Beach Union High School District is willin-,• tj operate such a program under the city's auspices; and WHEREAS, CITY, as "Subgrantee", and CONTRACTOR as; "Contractor" further agree to be bound by all the terms and con6ition of that certain document known. as "Exhibit A", OCJP Standard Third Party Contract Provisions and are incorporated by reference herein; ' NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL CONVENANTS HEREINAFTER CONTAINED, TO BE OBSERVED AND PERFORt.-D, THE PARTIES HERETO DO HERESY CGNVENANT AND AGREE AS FOLLOWS: %. SCOPE OF SERVICE`, CONTRACTOR agrees to employ its best efforts to conduct on behalf of t►-,e CITY the District Guidance Center project in accordance With tire- program objectives. } II. PERIOD OF PERFORMANCE: The effective date of this agreement shall be Services rendered and the CONTRACTOR'S right to incur "'.I igations hereunder shall continue through March 1, 1976 unless previously terminated in accordance with provision- of Article X of this agreement. III. COMPENSATION: The CITY shall pay CONTRACTOR for services rendered ,hereunder a sum not to exceed THIRTY --FOUR THOUSAND, NINE HUNDRED AND SIX DOLLARS payable on a cost reimbursement basis upon submission of monthly requests in accordance with payment procedure as detailed in Article IV, Section B below. Disbursement of funds by the CITY to the CONTRACTOR under this agreement shal'i be contingent upon receipt of $33,069 by the CITY from OCJP,, and $1,837 from 'the State of California. The WNTRACTOR will provide $1,837 as local hard match. Should funds not be made available due to OCJP's failure to provide such funds to the CITY, all obligations hereunder are canceled and the contract ij terminated. IV. FINANCIAL ACCOUNTABILITY: CONTRACTOR agrees to provide fiscal procedures adequate to assure disbursement of ar�d accounting for funds paid the CONTRACTOR under the agreement in accordance with the CITY'S ''iscal obligation render the OCJP Fiscal Affairs Manual. The CONTRACTOR agrees to reimburse the CITY for any expenditures unoer this agreement determined j be in violation of the terms and conditions of this subcontract. The CITY agrees to vigorously prosecute on behalf.of the CONTRACTOR any appeal resulting from an audit disallowance. A. Allowable Costs All items of cost, actually incurred, which are provided for in the contract budget, shall be allowable for payment to the extent any such item is allowable under applicable Law Enforcement Assistance Administration (hereinafter referred to as LEAD,) anO OCJP regulations. No item shall be allowed as a cost r -under Article: iV, Section A "Allowable Costs" which is not allowed as a reimbursable cost under applicable LEAA and OCJP regulations governing the same. B. UTILIZATION AND PAYMENT OF FUNDS Funds provided under this agreement are to be expended only for purposes and activities covered by the approved project plan and budget. Pay- ments, will be made on the bases of monthly requests and estimates of fund needs submitted by the CONTRACTOR. Payments will be adjusted to correct previous over- payments or underpayments. C. ACCOUNTING The criteria for record keeping detailed in the OCJP Fiscal Affairs Manual must ba applied to accounting both for Contract funds and matchingcon- tributions. D. WRITTEN APPROVAL OF CHANGES CONTRACTOR must obtain prior written approval from the CITY for major project changes. These include (a) changes of substance in project activities, design or research plans set forth in the approved application; (b) changes in the project director or in professional personnel identified as key personnel in the approved•app;ication; and (c) changes in the approved budget as specified in, Section. "B"-above. V. REPORTS: The CONTRACTOR shall submit to the CITY monthly financial reports and quarterly progress reports and final financial and narrative reports as required. VI'. CONTRACT MODIFICATIONS, CHANGES, OR AMENDMENTS: This sub -contract constitutes the entire agreement between the CITY and CONTRACTOR and may be modified only by further wirtten agreement between the parties -veto consistent with the terms and conditions of OCJP Project number 1718-1 VII,' AUTHORIZED REPRESENTATIVES: In negotiations, correspondence, general communications, and service of official notice pursuant to the terms of this - agreement, the authorized representative of the CITY shall be its chief administrator, i the City Manager; the authorized representatives of the CONTRACTOR shall be thti project d:--ector or his authorized agent. VIII, INDEPENDENT CONTRACTOR: Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employers, partners, joint ventures, or associates of one another. Contractor agrees that during the period of this Agreement that he is -not an employee of the CITY; fie is not eligible for 'workmen's compensation or indemnity from the CITY and is not eligible for any other employer contriouted benefit. IX. FORCE MAJEURE: the CONTRACTOR shall: not be in default by reason of any failure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the CONTRACTOR. Such causes may include, but are iiot restricted to Acts of God or of a public enemy, acts of the government in either its sovereign or contractual capacity, riots, firers, floods, epidemics, quarantine restrictions, strikes, freight embargoes, but in every case the failure to perform must be beyond the control and without the fault or negligence cf the CONTRACTOR. X. TERMINATION: A, The performance of work under this Agreement may be terminated by the OCJP In accordance with this clause in whole., or from time to time i'n part on thirty days written notice to the Contractor: (1) Whenever the Contractor shall default in performance of this .Agreement in accordance with its terms and shall fail ,cure 1 such default within a period of thirty days after receipt from the OCJP of a notice specifyin§ the default; or (2) ,Whenever for any reason the OCJP shall determine that such termination is in the best interest of the OCJP. Any such termination :hall be effected by delivery to the Contractor of a notice of termination speci 9 whether termination. for default of the Contractor or for the convenience of the OCJP the extent to which performance of work under ! Agreement is terminated, and the date upon which s-ch I termination becomes effective. B. After receipt of a notice of termination and except as otherwise directed by the OCJP, the Contractor- shall: (1) Stop work under the Agreement on the date and to the extent specified in the notice t' termination; (2) Transfer title to the OCJP (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the OCJP, the work in process, completed work and other material produced as a part of, or acquired in respect: of the performance, the work ter- minated. C. The amount due the contractor by reason of termination shall be 1 determined as follows: } (1) There shall be included all costs and expenses reimbursable in accordance with this agreement, not previously paid the Contractor for the satisfactory performance of this Agreement prior to the effective date of the notice of termination; (2) There shall be included a portion of the fee payable under the agreement determiner; as follows: (a) In the event of termination of +iris' Agreement for the convenience of the OCJP and not for the defaUlt of the Contractor, thers shall bepaida percentageofthe fee equivalent to the percentage of the completion of work contemplated by the Agreement; d MW (b) In the evei,- of termination of this Agreement for the default of the C-ntracter,.the total fee payable shall be such proportionate part of she fee as the total amount_ of work delivered to and accepted by the OCJP bears to the total work called for by this Agreement. B. In the event of a partial termination, the portion of the fee which is payable with respect to the work under the continued portion of the Agreement shall be equitably adjusted by AgreemF'- between the Contractor and the OCJP, and such adjustment shall t- evidenced by an amendment to this Agreement. I IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below: I THE BOARD OF TRUSTEES OF THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT By. William J. Settle, Ed.D. TypedXame R bert h,,l4, ,i Acting Superintendent T� tef Ass -},tam (Z-b' L Date: December 19, 1974 APPRQVED A�P FQ E)ON P. BONFA �. City Attorney Revised: 1216/74 :RAA:eh THE CITY OF HUNTINGTON BEACH, a Municipal Corporation By - — i f u /L (A''` . k ' `�,�, �-� Typed Name: Alvin M. Coen Title: Mavor 3y : Typed Name: Alicia M. Wentworth Title: city Clerk Date: December 10, 1974 t 'OFFICES OF COUNTY COUNTSEL County Of Orange COUNTY ADMINUTRATION aUILDING . P. O. BOX 1379 • SANTA ANA, CA 92702 834-3300 December. 20, 197*4 ADRIAN KUYPFR COUNTY GOJNSEL CLAYTON H. PARKER CN1EF ASSISTANT ROBERT F. NUTTMAN W ILLIAM J,MCCOURT ASSISTANTS JOHN M. PATTE.RSON ARTHUR C. WAHI-S.TEDT, in.. JOHN V!. ANDERSON LAUREN`E M, WATSON VICTOR T. BCLLERUE JOHN R. GRISET C'HARLES S. SFVIER WALTER C, WEp5T.E� I RYNE C. BLACK RALPH W, BENSO!l SPENCER F. COVERT, Ja, TERENCER. RICE ROBERT H. S.AN CHEZ. �j KENNAR❑ R. SMART, JA.. BBoard of 1rS teES JANE A. SIEGRIST rI�t: DAMES R. FLOURNOY Huntington Beach Un.lon TERRY C. ANDT%US TERRY E. DIXON High School District EDWARDN,OURAN 1902 1(7St reet treet RECUT IES Huntington Beach, California 92648 Attention: Richard A. Altimari, Ph.D. Director, Specially Funded Programs, Re: Agreement with the City of Huntington Beach for Operation of District Guidance Center Gentlemen: } We have approved the above -referred to Agreement as to form. The School District's powers pursuant to this Agreement are limited to educational counseling -and the psychological services which it may render to pupils pursuant to Education Code Section 11753.2. Very truly yours, f ADRIAN KUYPER, COUNTY COUNSEL 1 luntyngtulI o�ach CA 92648 JACK S. ROPER HOARD OF TRUSTEES S UPERINTENDENY OF SCHOOLS DENNIS H. MANGERS AND SECRCTARY BOARD OF TRUSTEES PRESIDENT R. H. 3AUER. PH.O, VICE PRESIDENT R. M. SCHMITT December 3, 1974 CLERK JOHN J. SENTLEY GEOROE LOGAN TO: Office of City Administrator City of Huntington Beach FRO04: Dr. Richard A. Altimari Office of Special Programs Huntington Beach Union High School District SUBJECT: City of Huntington Beach Authorization to Enter Into Third Party Contractual Agreement with Huntington Beach Union ;sigh School District for Continuation of Delinquency Prevention Project Funded Under State Office of Criminal Justice Planning (Formerly CCCJ) Our District was notified on November 27 that it is obligated to enter into a Third Party Contract with the City of Huntington Beach in order to assure continued funding of our Delinquency Prevention project now underway at -the Wintersburg Continuation School complex. This is the same project which the Huntington Beach City Council authGrzed in its Resolution of July 2, 1974 (see attached). finder the terms of the contract all fiscal, personnel, and administrative responsibilities are the sole obligation of the High School District. Hence, no matching monies are required of the City of Huntington Beach in either hard cash or personnel resources. The sole role of the City of Huntington Beach is that of clearinghouse and signatory age►icy as mandated under the terms of the Office of Criminal Justice Planning. Your expeditious approval of the attached contract would be sincerely appre- ciated as our entire packet must be presented in time for the Criminal Justice Review Committee meeting on December 11. Please feel free to contact me should you have any further questions. RAA: eh Attachment cc J. Hunt R. C. Martin P. Hill RESOLUTION NO. 3911 A RESOLUTION AUTHORIZING THE APPLICATION TO THE CALIFORNIA COUNCIL ON CRIMINAI; JUSTICE FOR A GRANT UNDER SECTION 30 I.(B) OF THE OMNIBUS CRIME CONTROL AND SAFE STRI?ETS ACT OF 1968; PL 90-355 AS AME;IDED BY 01-PIIBIJS CRIME C014TROL ACT OF 1970; PL 91-644 WHEREAS, the City of Huntington Beach desires to under- take a certain project designated as District Guidance Center (Greater Huntington reach Area Community Resource Center) to be funded in part from funds made available through the Ofnnibus Crime Control and Safe Streets Act of 1968, PL 90-355, as amended, PL 91-644, (hereinafter referred to as the Safe Streets Act:) administered by the California Council on Criminal. Justice (hereinafter referred to as CCCJ). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the City Administrator is author- ized, on behalf` of the City, to submit the attached Application For Grant For Law Enforcement Purposes to CCCJ and is authorized to execute on behalf of the City the attached Grant Award Con- tract for law enforcement Purposes, including, any extensions r: or amendments therene. BE IT FURTHER RESOLIX-D that the applicant ( City) agrees ti i to provide all matching funds required for said project, includ- ing any extension or a:rnendment thereof, under the Safe Streets Act and the rules ar.-d regulations of CCCJ and the Law Enforce- ment Assistance Administration and that cash will be appro- prial-�d as required thereby. Grant- funds received hereunder" shall not be used to supplant on --going; law enforcement expend- itures. PASSED AND ADO "TND by the City Council of the City of l � all . 777 Huntington Beach at a regular meeting thereof' held on the lst \ day of July, 1974. ay ATTEST: City Clerk APPR D TO DON B , f A torney B hr L _S 71S, Assistant, City Attorney APPROVED AS TO CONTENT City Administrator y y 2 f 7 S'1'&r OF CALIFORNIA ) } COUN1*Y OF ORANGE ) sss CITY OF HUNTINGTON BEACH ) No. 3911 1, ALICIA M. WENTWORTH, the duly, elected; qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing res:rlution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at s regular meeting thereof held on the lst day of Julv 19 74 by the following vote: AYES: Councilmen: Bartlett, Gibbs. Matney, Wiener, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: 4' Shipley — City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, Califor-nia The foregoing insirunlanz is a correct copy of the arigiriai'on'file �fe#s office. Attest, i✓ 4y.rNlWORTH City Cleric and Ex offitia Clerk- the City Coun H of Me City of Huntington Reach Gal.