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HomeMy WebLinkAboutCC RESO 10,495RESOLUTION NO. 1(1,495 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF EMERGENCY EMPLOYMENT AGREEMENT WITH THE COUNTY, OF SAN DIEGO BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized and directed to execute Emergency Employment Program Agreement (PL 92-54) with the County of SAn Diego in connection with the City's participation in an employment program pursuant to the Emergency Employment Act of 1971. PASSED AND ADOPTED this 9th day of November, 1971. ATTEST: (PE 92-54) EMERGE CY ]:IiPLO MENl PROGRAM AGREEMENT THIS AGREEMENT entered into this 9th November day of , 1971 by and between the City of National City , hereinafter referred to as "EMPLOYING AGENCY" and the COUNTY OF SAN DIEGO, hereinafter referred to as "COUNTY": WITNESSETH: WHEREAS, County has been granted funds by the Federal Government under the Emergency Employment Act of 1971; and WHEREAS, County is required by said Act to allocate the granted funds equitably among other public agencies in San Diego County.which desire to conduct employment programs under the Act; and WHEREAS, Employing Agency is such a public agency and desires to conduct an employment program under the Emergency Employment Act of 1971; NOW THEREFORE • IT IS AGREED AS FOLLOWS: 1. For the period commencing October 4,, 1971 October. 31 and ending71,it;trrt-233-, 19'12, Employing Agency hereby agrees to conduct an employment program to provide unemployed and under- employed persons with employment wherein they will provide needed public services. In furtherance of said employment program, Employing Agent shall employ arsons to fill the positions specified in Exhibit "A" which is attached hereto and by this reference incorporated herein. In conducting said employment prop -am, Employing Agency shall comply with all requirements, provisions, m;q, and conditions of the Emergency Employment Act. of 1971 Public Lao 92-:>4; the regulations pursuant thereto, the guidel ines of the secretary of Labor of the United States related thereto, and the grant conditions agreed to by County in securing initial and full funding under said Emergency Lli'.'liloyiaeli t. Act of 1971, including, but not. lhaited to, those requirements, provisions, terms, and conditions respecting selection of participlaits, use- of fednr-ai fund;, non-fedet 1 Share, record Keeping, and reporting, Coi:ipensat LOU and working conditions Of l)ortici.iJants, and non-discrimination. A copy of said Emergency Employment Act of 1971, copies of the regulations and guidelines pursuant thereto, and copies of County's application for full funding under the Act are attached hereto as L;;hibi t "i ", 131:d by this reference incorporated herein. In the event the Act or the. 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, or shall notify the County within 20 working days after receipt of the amendments that it cannot so conform, In which case this Agreement shall te;. ninate in accordance with the applicable regulations, 2. Por Employing Agency's conduct of the employment program specified in Paragraph 1 of this Agreement, County shall. grant -2- to Employing Agent the sum of $ 418,288.94 on or before October 31 , 1972 . Said sum is to he spent by Employing Agency in the conduct of its employment program in accordance with the budget attached hereto as Exhibit "C" and by this 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 County. 3. shall administer and monitor performance of this Agreement on behalf of the County and shall at all times have the r.i.gln_ to inspect, monitor and evaluate the employment program of Employing Agency pursuant to this Agreement. 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 acci t 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 illegal expenditures, and County may withhold funds otherwise payable under the Act in order to recover any amounts expended illegally or for unauthorized purposes. -3- 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 30 days after receipt: of such request such repayment shall be made. No action shall be 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 "C" either for salaries and wages or/for supportive services for participants. Any such reduction in expenditures may be deemed sufficient cause for termination under Paragraph G of this Agreement. 5. Termination. If the grant to the County under the Emergency Employment Act of 1971 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. If Employing Agency violates the Act, the regulations, the guidelines or grant terms or conditions specified in Paragraph 1 of this Agreement, the County may terminate this Agreement in whole or in part unless Employing Agency causes such violation to be corrected within a period of 14 days after receipt of a written notice from County specifying the viol.atiion. Furthermore, County may in its discretion terminate this Agreement in whole or in part for any reason whatsoever. -4-. Termin.at.ion shall be effected by a notice of termination which shall specify the extent of termination and the date upon 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; (2) Promptly cancel all agreements, and contracts utilizing funds under this Agreementto the extent that they relate to theterminated portion of the Agreement; (3) Settle, with the approval of the County, all outr;tanding 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 he reimbursed to Employing Agency. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first above written. COUNTY OF SAN DIEGO By .41'LOYING AGENT -5- i liYLI. C%i [ON i'ilit Pli.il1NG ALLOCATED UNDER SECTION 9 (a) (1) OF. THE EidERGENCI ENPLOYI'E; T ACT OF 1971 Application is hereby mde to the County of San Diego (Program Agent) for funds allocated under Section 9 (a) (1) of the Emergency Employment Act of 1971, Public Law 92-54. The City of National City as Sub -Agent agrees that the funds (City or Di. trice) requested herein will be used to conduct a program within the area covered by this application in order to provide unemployed and underemployed persons with transitional employment in jobs providing needed public services and, - wherever feasible, related training and employment services, to enable such persons to move into employment and training not supported under this Act. The Sub -Agent agrees to; 1. Plan and conduct its program in accordance with the regulations promulgated by the Secretary of Labor (29 CFR 55) for the Emergency Employment programs under PL 92-54. In particular, the applicant hereby warrants that the program will be conducted as required by section 55.6 of the regulations and by the terms o.'.,tt'c Emergency Employment Agreement entered into with the County of San Diego, 2. Administer or supervise, and assume full responsibility for all activities and services provided under this grant; • 3. Use no less than ninety (90) percent of the funds granted for wages and fringe benefits for unemployed and underemployed participants And no more than 3.2 percent for the administration of the program; 4. Provide reports and records required for this program. 5. Abide by the provisions of Section 12 (g) of F.L. 92-54 regarding commitment and compliance with equal employment opportunity for all program particip nts or. applicants. Name of City or District National City Signature of Authorized Officiii Title Approved by County of San Diego: Signature Title Date Date