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County File Number.
DTPA Agreement No.: A9029-21
COUNTY OF SAN BERNARDINO AGREEMENT
SIGNATURE SHEET
This Agreement is entered into by the County of San Bernardino, hereinafter referred to as the "Service
Delivery Area Grant Recipient" and �-City of Redlands
hereinafter referred to as the "Subrecipient." The purpose of this Agreement is to provide for the operation
of program(s) which provide training and/or employment and/or services for participants under the Job
Training Partnership Act of 1982 enacted by the United States Congress. Funds under this Agreement will
be expended in accordance with the above-referenced Employment and Training legislation enacted by the
United States Congress and the regulations promulgated thereunder.
The Subrecipient agrees to abide by and adhere to all provisions of this Agreement as incorporated herein
and attached hereto. The Service Delivery Area Grant Recipient agrees to reimburse the Subrecipient in
accordance with the terms and conditions of this Agreement for allowable expenses incurred in the
implementation of the functions delineated herein to the extent that such expenses are described herein and
are incurred within the period of this Agreement and are allowable under current Employment and Training
Regulations and under policies and regulations of the State of California and the Service Delivery Area Grant
Recipient.
Reason for this Action: (check one) CONTRACT AMOUNT: $ 51,707
E3 INITIAL FUNDING PROJECT NAME: Summer Youth Employment
Program (SYEP)
❑ INCREASE FUNDING
❑ DECREASE FUNDING PERIOD OF AGREEMENT:
❑ SUBRECIPIENT'S REQUEST May 1, 1992 / September 30s 1992
❑ OTHER (specify): Beginning Date Ending Date
SDA: CO TY OF S B RN INO CONTRACTOR/SU�SRECIPIENT APPRO FORA:
By. By.
"' UJUN 15
Date: Date: Date: . .
Name: LARRY WALKER Name: Steve Chapman pman Name: Kevin Norris
Title: Chairman of the Board of Supervisors Title: Finance Director Title: Deputy County Counsel
SIGNED iri3 Ot'Y Of THIS
HE CHAIR-
,,Ap 5 1
,hp Lxgty 1? war
Reviewed forP ces
Br. R a
Revy.¥ 3192„.
TABLE OF CONTENTS
Page Number
• Contract Signature Page I
• Table of Contents 2
• Agreement Summary 3
• Certification Sheet 4
• Statement of Work 5 - 11
• Budget Statement 12 - 14
• Attachment #1: Occupational Title Summary
• Attachment #2: Participant Significant Segment Plan
• Attachment #3: Program Worksite Location Summary
• Attachment #4: DTPA Assurances and Certifications
Page 2
Rev. 3/92
AGREEMENT SUMMARY
FUNDED AGENCY SUPERVISORY DISTRICT AREAS SERVED
Name: City Of Redlands (represent areas of participant residence)
Street: P.O. Box 3005 ❑ A-1 ❑ A-2
City/Zip Code: Redlands, CA 92373 a A_3 ❑ A4
Director; Rita Osborn ❑ A-S
Phone Number: 798-2513 LENGTH OF FINANCIAL AGREEMENT
Contact Person: Kathie Flemington (allowable period under which costs may be incurred)
Phone Number: 798-2513 From: May 1, 1992 To.- September 30, 1992
Program Activity (check items that are applicable)
❑ A - Assessment ❑ I - Intake/Eligibility ❑ R-Individual Referrals
❑ B -Work Exp/Remedlal (SYEP) ❑ J -On-the-Job Training ❑ S -Supportive Services
❑ C -Customized Training ❑ K-Job Placement/job Search ❑ T -Tryout Employment (youth)
❑ D -Classroom Training - ❑ L -Individual Skills Training ❑ U -Skill Upgrading/Retraining
Occupational Skills
❑ E - Education for Employment (youth) ❑ M -Job Placement Activities (SDA) Q V-Work Experience (unlimited)
❑ F-Classroom Training - Remedial ❑ O -Job Specific Skills (youth) ❑ W-Work Experience (limited)
❑ G -Job/Career Counseling (EDWAA) ❑ P - Pre-employment Skills/Work ❑ X -Basic Readjustment (EDWAA)
Maturity Skills (youth)
❑ H - English as 2nd Language ❑ Q - School-to-Work (youth) ❑ Y- Retraining Services (EDWAA)
(EDWAA)
❑ Z -Other
BUDGET COST CATEGORIES PLANNED PROGRAM DIMENSIONS
Participant Wages $ 36,231 Adult I Youth Total
Participant Fringe Benefits $ 4,481 Total Enrollments N/A 38 38
Training $ 697 Enter Employment N/A NA NA
Other Participant Support $ 8,747 Completion of Positive Training N/A 38 38
Administration $ 1,551 Other Terminations (Negative) N/A 0 0
TOTAL: $ 51,707 TOTAL TERMS: N/A 38 38
Rev. 3/92 zea _
CERTIFICATION SHEET
A. Chief Officials/Officers of the Board of Directors (list names and titles)
1. Charles DeMirjyn, Mayor
2. Swen Larson, Mayor Pro Tem
3. Jim Foster, Counciln�ember
4. William Cunningham, gouncilmember 5. Dee MUsong Cainr-ijMeMbar
B. Chief Fiscal Officer, Bookkeeper or Accountant*
Name: Steve Qalj=
Address: P.O. Box 3005, Redlands, CA 92373
Phone: 799-2840
C. Date this Organization began Operation:
Month: 12 — Dar. X23 Year. 1AAA
D. State Identification Number. 800-9833-8
Federal Tax Number. 95-6000-766
This is to certify that the above information is true, complete, and correct and that
Steve Chapman of
Person*
City of Redlands
Urgannauen
is legally authorized by its governing body to enter into this Agreement and other related transactions on
its behalf
4f,
Signature of Certifying Individual*
ATTEST:
Siren Larson, Mayor Pro Tem
Name & Title
CITY—,CLERK
I Z P.O. Box 3005, Redlands, CA 92373
ATdress
798-2513
Telephone
• Them two individuals are different persons
Rev. 3/92 Page 4
PROGRAM NARRATIVE DESCRIPTION?
1. GENERAL
(Briefly describe the program to be provided, including a statement of work to be performed and specific features of the
program. Text must be specific, concise, and clear. Activities authorized under SYEP shall be Work Experience and/or
Work Experience combined with Remedial Training, and/or any other activities described in Part B: SYEP of the Act,
including the assessment of reading and mathematics skill levels of participants in programs funded by this Agreement.
Sources of reference: §253(a)(1)(2), §253(b), §254, DTPA Directive 87-3, 87-7, JTPO Policy Bulletin 84-3).
The Summer Youth Employment Program is designed to help youth find employment
during the summer months. It is designed to provide gainful employment for youth
between the ages of 14 and 21 who meet the federal JTPA guidelines.
All participants will be evaluated to determine those unable to achieve at grade
level in the subject matter areas of Reading and Mathematics. The testing inst,17-
ment to be used during the program for reading and math assessment will be the
State-recognized CASAE materials. Participants will be receiving the minimum
wage of $4.25 an hour, effective the first day of enrollment, and only paid for
the actual number of hours in training. A copy of the pre-test and post-test
will be on file at the Recreation Division and a copy will be sent to the service
delivery area. Only those students requiring remedial training will participate
in the remedial program.
Remediation classes will be required each Monday. Remedial reading classes will
last two hours. Students will be post-tested using the same instrument. one
hour of classwork will be administered during 5 hour period.
JTPA Youths will have an opportunity to earn money while experiencing a useful
work experience. Participants are encourage to continue school after completion
of the program.
An additional goal is to develop useful work behavior traits on the part of the
Participant through proper supervision at the worksites. Participants will be
trained and Employed in a variety of occupations, i.e. maintenance, recreation
and clerical. The City of Redlands plans to enroll thirty---eight -(38J-JTPA eligible
individuals into the program. and the training will be conducted by the worksite
supervisors. Eleven (11) weeks average of work experience is progranmed for
each participant who will be receiving the minimum wage of $4.25 an hour for
the actual number of hours of training.
school adminstered and approved proficiency exams will be accepted as verificatior
or proficiency levels of some participants.
Job slots and occupation titles, worksite development and the number of students
to be enrolled, trained as a result of this activity shall be in accordance with
the Program Occupational Summary, Attachment 1, the Significant Segment Plan,
Attachment 2 and the Program Worksite Summary, Attachment 3.
Rev. 3192 Page 5
PROGRAM NARRATIVE DESCRIPTION
ADDITIONALLY-
(For items not described on Page 5,provide additional descriptions of the service to be delivered through this Agreement. Include
specific results, schedule of activities and/or other details which will constitute a 'Statement of Work" for the program to be
provided).
Schedule of Activities
May 1, 1992 1992 September 30, 1992 Program planning and worksite assignment; hiring of stag
job slots development
• Pre-testing, Assessment and job Skills Identification
• Orientation to Participants and Worksite Supervisors
June 15, 1992 August 28, 1992 Participant's time in the Program (tentatively)*
• Work Experience period for participants, or
• Work Experience combined with Remedial (if applicable)
• Post-Testing; Participant's Final Evaluation
August 31, 1992 September 30, 1992 Program Evaluation; Reports and Reimbursement; Closeout
of Contract
In-school Youth may be enrolled in the program once the school has officially recessed for the summer and
must be terminated from SYEP prior to the opening day for the fall semester. This definition does not apply to
the Out-of-School youth and/or schools operating on a year-round, full-time basis.
Out-of-school youth and students attending schools that operate year-round,except as provided in §254(a),must
be terminated from the program on/or before September 30th, or on/or before the terminating date of the
Contract, whichever comes first. Additionally, in no case, may an Individual be enrolled prior to May Ist, or
remain in the program beyond the terminating date of the Contract, or September 30th,whichever comes first.
Worksites to be selected shall be public employers or private non-profit agencies designed to enhance
employability of participants to develop good work habits and basic work skills.
Sources of Reference: DTPA §254(a), Directive 86-1, DTPA Technical Assistance Bulletin 36, Directive 87-7,
TELL 3-86, etc.
Rev.3192 Page 6
PROGRAM NARRATIVE DESCRIPTION
11. PROGRAM OPERATIONS
State job titles and number of staff involved in providing the following. If another agency is directly
involved in the process, describe the extent of involvement. Further describe the method of
accomplishment of each:
1. RECRUITMENT/OUTREACH: (Note: In-school, Out-of-School, Private School Students,
and Eligible Youth can be served).
Recruitment will be under the direction of the program coordinator.
Press releases were distributed to appropriate agencies.
2. ASSESSMENT: (for both Math and Reading and Work Experience; References: §104,
§253(b) of the Act). Applications are screened by the Program Coordinator and
the Recreation Supervisor fcr ability aptitude and interest, every student will be
assessed for achievement by the certified instructor teaching the remedial classes.
3. TRAINING: (Describe training to be provided: for W.E., emphasize on-site W.E. training;
for Remedial: focus on basic math and reading designed for students to meet the grade level;
Ref: §253(a)(b); Directive 87-3, 87-7)
The program coordinator will assist participants to develop satisfactory
job skills, worksite supervisor will train participants in proper work
habits and safety procedures.
4. SELECTION/INTAKE: Intake will be performed by the Contractor. The Contractor makes
preliminary determination of eligibility, initiates and prepares all required MIS forms,DTPA
Registration, Enrollment (EI Form), Completion/Termination Form (E2). The SDA/Intake
shall execute (sign) the enrollment forms (El). '
5. ORIENTATION: Participants and Worksite Supervisors will be given orientation in regard
to program goals, work habits and attitudes, labor laws, attendance, accident report, civil
rights, health and safety, cause for termination, etc. Participant and Supervisor handbooks
or any similar materials will be distributed to all persons involved using the SDAs sample
guide.
6. COUNSELING:
The Program Coordinator will provide counseling to participants on an,
individual or group basis.
7. SUPPORTIVE SERVICES: The Contractor is responsible to review Request for Supportive
Services and provide/pay those services directly to participants, using funds allocated in this
Contract (Page 14). Each request must be supported on its own merit, based upon individual
need, as justifled by the participant to the Contractor.
Rev.3192 Page 7
PROGRAIM NARRATIVE DESCRIPTION
S. JOB DEVELOPMENT: (Unsubsidized Employment for participants who do not plan to return to
school after completion of SYEP).
N/A
111. PROGRAM POLICIES/PROCEDURES
1. Employability Development Plan(EDP) is a written plan which identifies education,training,
and employment goals of a participant, and includes a planned series of actions leading to
the goal(s). Describe the way in which the requirement shall be met for this program.
• The SYEP staff will design an EDP or IEP for participants and use it as a practical
means of managing participant activities.
2. Job descriptions for all staff listed in the Budget Statement (Section B: Staff Costs) must be
provided. These descriptions must functionally support any proration of staff costs among
the various cost categories.
Job description for staff who are paid under this Contract is on file with the County
of San Bernardino.
3. In accordance with§143(a)(3) of the Act and Paragraph 9(A),Attachment 4 of the Contract,
Workmen's Compensation must be provided for SYEP participants. Describe the insurance
provided or the method used to assure compliance with these regulations.
• Workmen's Compensation benefits will be provided for participant, using funds
allocated for this SYEP Contract. (Budget Statement, §A of Page 12).
• Certificate of Insurance is on rile at the Contractor's office, with a copy sent to the
Department.
Rev.3142 Page 8
PROGRAM NARRATIVE DESCRIPTION
4. Describe systems designed for apprising program management of both programmatic and fiscal
performance on a regular basis. State type and frequency of reports and/or meetings,as well as job
titles of staff involved in the reporting process.
The syEp Coordinator meets weekly with the City of Redlands Recreation
Supervisor to review procedures and new developments.
Written reports are kept on file as documentation for future reference.
Once a month (on the 10th) , a budget report is typed indicating the beginning
balance, expenditures and ending balance.
5. Briefly explain the system which will assure that proper financial accounting methods will be used
for this program. Describe accounting procedures, including a description of how all accounts and
records are maintained; describe the frequency of reconciliations and trial balances; describe the
development of reports and Requests for Reimbursement;and describe the system of internal controls
designed to safeguard against waste, loss and misuse of funds.
• Proper accounting controls will be implemented to ensure the accountability of all funds
received and expended or disbursed under this Contract.
• Request for Reimbursement will be developed once per month to reflect actual expenditures
for the previous month.
• Internal controls to prevent fraud, misuse, and waste will be implemented.
6. Identify worksites and potential worksites to be used for the program. All Worksite Agreements
between the Contractor and the Worksite Operator should be placed in file for audit purposes.
Further,it is required that a copy of all Agreements be forwarded to the Department within ten (10)
days of their execution.
• The Contractor is responsible to conduct pre-monitoring and evaluation of new worksites,
based on the nature of the training provided and the career interests of the participants. The
SDA reserves the right to reject/withdraw any worksite if it does not meet qualifications for
worksite selection.
• Worksite Agreement between the Contractor and the Worksite Operators will be placed on
file,with a copy forwarded to the worksite and to the Department within ten (10)days of their
execution.
Rev. 3192 Page 9
PROGRAM NARRATIVE DESCRIPTION
7. Indicate whether or not the program will generate or assist in generating any ADA, revenue, or
income for organization in any manner. If so, describe in detail, including estimated amount and
source. If no ADA, revenue, or income is generated, state NONE.
No gross or net revenue will be generated as a result of this contract.
8. Explain any participant selection criteria to be used other than DTPA eligibility. Describe any special
tests, scores required for entry, any age criteria, regular school attendance record, any required
educational levels, or any other restrictions on participation. (if NONE are listed, it is understood
that NO eligible applicant may be rejected by this program).
NA
9. Describe the internal procedures to be used for resolving participant grievances. Show the specific
steps a participant must follow and the time limits for resolution. The Department should be shown
as the final step in the procedure for unresolved grievances.
Below is the guide to assist in developing an internal "Participant Complaint and Grievance
Procedure."
(a) Complaint/grievance identified verbally and discussed Same day or within 24 hours maximum.
by participants with Program Coordinator; If not resolved, go to Step 2.
Worksite Supervisor
(b) Complaint/grievance identified in writing and Same day or within 2 working days
discussed with city Rec-rc-Ation supenLisor maximum. If not resolved, go to Step 3.
(c) Participant,witness (if any),W�ite aMgai. , p22gim Same day of Contractor's receipt of form
CxrdirjabW Contractor or his/her Representative meet to or within 2 working days maximum; if not
resolve grievance. resolved, go to Step 4.
(d) If not resolved, all documents, procedures, and Contractor will be notified of the actions
reports forwarded to the Department for appropriate taken by the Department and resolution
actions according to the of the complaint.
Complaint/Grievance Procedures.
Contractor shall provide each participant with a copy of its internal DTPA Participant Complaint and
Hearing Procedures upon enrollment into the program. Contractor shall maintain on file a copy signed by
the participant, with the second signed copy given to the participant.
Sources of Reference: §144(a)(b); SDAs policy of May 20, 1991, and JTPO Policy Bulletin 84-8.
Rev. 3/92 Page 14
PROGRAM NARRATIVE DESCRIPTION
IV. ADDITIONAL STIPULATIONS
1. Continued funding or modification under this Contract will be contingent upon the
availability of funds.
2. Cit:...y of Redlands assures and assumes full responsibility under
the Act, in compliance with safeguards against fraud and abuse as set forth in the Act, and
pursuant to Federal Regulations.
. No equipment is authorized under this Contract cine to a limited duration of the program.
4. The Contractor shall operate a County of San Bernardino JTPA Program in accordance with
the Contract policy as approved by the Private Industry Council and the San Bernardino
County Board of Supervisors; and as set forth in the County's Grant Application issued on
February 21, 1992, which is incorporated herein by this reference,'
5. The Contractor shall develop and maintain adequate controls,personnel records,standards,
and evaluation procedures as may be necessary to promote an effective program responsive
to the spirit and intent`of the Job Training Partnership Act.'
6. The Contractor shall not incur expenditures provided under this Contract prior to the
commencement date and after the termination of this Contract,
7. The Contractor shall comply;with provisions contained in Attachment 4 of the Contract
herein referred to as the DTPA Assurances and Certifications.
S. The Contractor shall be paid, on a cost-reimbursement basis, for all expensesauthorized
under the terms and conditions o this Agreement. The`Contractor shall invoice the County
on the tenth (10th) working clay of each month, using the cast-reimbursement form to be
provided by the County.
Additionally,the Contractor must report and submit all final claims fair caay ent within the closeout
of Cout-ruet,which is due'thirty (30) days after contract termination. Invoices not received within
or before that date will be processed and paid directly by the Mate or the Department of Labor
(DOL),which the Contractor hereby acknowledges and accepts delayed payment.
9. The County has the authority to withhold funds under this; Agreement, pending a final`
determination by the County of questioned expenditures or indebtedness to the County arising
from past or present agreements between the County and the Contractor.
Additionally, payments to the Contractor may be withheld by the County; f the Contractor fairs to:
comply=_with any provisions of this Agreement.
10. The Contractor shall assure that funds provided by this Agreement must be used exclusively
for activities authorized under this'Title IIB-SYEP Program. Commingling and/or diverting
of funds to support the activities of iother programs is NOT authorized. Documentation
supporting the expenditures should be kept can file at the Contractor's office, and trade
available at all times for audit and monitoring purposes.
Rev. 3/92 Pate 11
PROGRAM NARRATIVE DESCRIPTION
11. The Contractor shall assure that programs and activities funded under this Contract are
conducted in compliance with program limitations,and with laws and regulations, including
the Federal Non-Discrimination Laws, §503 and §504 of the Rehabilitation Act of 1973, the
Labor Code of California, the California Child Labor Laws, System to handle Equal
Employment Opportunities issues, Complaint and Grievance, and Health and Safety
conditions for staff and participants.
12. The Contractor is responsible for monitoring its DTPA Program activities on and off-sites.
The monitors shall make a written record of their findings and share them with the Worksite
Operators. Copies of the findings must be available for review by the SDA in the flies at the
Contractor's office.
Additionally,the County reserves the right to monitor and visit,announced or unannounced,
the Contractor's program, including visits to all locations, offices, and training sites at any
time during normal business hours. The monitoring shall be conducted in accordance with
the County Service Delivery Area (SDA) monitoring guide and with DTPA Directive 87-12 of
July 1, 1987. The monitoring activities become part of the Contract requirements.
13. Participant's File Records: Participant records to be maintained by the Contractor shall
include,but are not limited to,the following documents: Registration Eligibility Documents,
Assessment and Counseling Notes, Employability Development Plan (EDP), MIS forms for
EnrollmenVrerininatiotVCompletion/Placement, Training Information and Schedules that may
include Pre-test, Post-test for Remedial Training, signed copy of Internal Complaint and
Grievance Procedures,timecards,payroll,work permits,medical releases,and other required
documents as set forth within the SYEP.
14. Program Income and Interest Earned: Program Income is defined as gross income earned
by the DTPA program operators from grant or agreement-supported activities. Such income
includes, but is not limited to, income from service fees, sale of commodities or products,
usage or rental fees, and royalties on patents or copyrights.
The Contractor agrees that income generated under any program shall be used to further
program objectives and may be retained by that program, unless the County or the State of
California requires that such income be turned over to the County/State of California; and
It is the policy of the State and/or the County that Interest Earned on Program Income may
be retained by DTPA Operators and used for the same purposes as program income; and
Interest earned on advances of JTPA funds is not program income. The Contractor agrees
that interest earned as a result of funds advanced under this Agreement shall be accounted
for separately, reported and returned to the County. The County shall determine the
disposition of these ftinds; and
Any income which has not been utilized within two (2) years of the end of the Program Year
in which it was earned, must be returned to the County or the State of California.
Public or Private Non-Profit Contractors' revenues in excess of costs (which have been
properly earned) are to be treated as Program Income. The Contractor agrees that revenues
in excess of costs shall be used for the same purposes as Program Income.
Rev. 3/92 Page Ila
PROGRAM NARRATIVE DESCRIPTION
Any monies generated as a result of fund-raising activities need not be reported or returned
to the County. These funds can be disposed of by the Contractor.
15. The Contractor shall be responsible for the arrangement and procurement of an annual audit
in accordance with Paragraph 2(G) of Attachment 4, and agrees that it will provide the
County with a copy of its annual Audit Report. The Contractor further recognizes that the
County of San Bernardino may not contract with any organization which is not in compliance
with this assurance. Payments to the Contractor may be withheld if the Contractor fails to
comply with this provision.
16. The Contractor shall provide the county (on form provided) a certification stating that the
organization and its principals are not debarred or suspended from doing business with
governmental agencies, pursuant to Executive Order 12549.
17. The Contractor shall provide the County (on form provided) a certification stating that their
organization and its principals shall not use funds provided by this Agreement in any
lobbying activities. Further, if any funds other than Federally-appropriated funds have been
paid or will be paid for lobbying activities, the Contractor agrees to submit to the County,the
Standard Form - LLL - "Disclosure Form to Report Lobbying."
18. The Contractor shall assure that, and shall provide the County (on form provided) a
certification stating that it will maintain a drug-free workplace pursuant to the Drug-Free
Workplace Act of 1988.
19. Therefore, prior to the execution of this Agreement, Git-y et Redl &
shall submit to the Department, the following documents:
• Copy of Internal Complaint and Grievance Procedures
Job Description of Staff Members who are paid by this Contract
• Copy of Affirmative Action Policy or EEO Statement
Copy of Liability Insurance Certificate
• Copy of Workmen's Compensation Certificate
• Certification regarding Compliance with the Single Audit Act
0 Certification regarding Lobbying Activities
Certification regarding Debarment, Suspension
• Certification regarding Drug-Free Workplace requirements.
20. Debt Collection
Where liability for debt collection Is determined to be at the Contractor's level by the County,
the Contractor will be responsible for the debt. When a debt is established as a result of an
audit,a monitoring finding,an investigation, or other means,appropriate action will be taken
by the County to collect the debt from the Contractor, pursuant to the Department's Debt
Collection Procedures (Rev. 1) of October 30, 1990.
(Sources of Reference: DTPA Info Bulletin 85-6, JTPO Policy Bulletin 843, DTPA Directive 87-12, 86-5,
87-7, 84-19)
R".3/92 Page lib
V. BUDGET STATEMENT
SECTION A - PARTICIPANT SUPPORT COSTS
1. Participant Wages
31 slots X $ 4-25 25 hrslwk x
2-__/br. x 11 wks = 36,231
slots x $ /hr. x hrstwk x wks =
slots x x hrs/wk x wks =
TOTAL PARTICIPANT WAGES $ 36,231
2. Participant Fringe Benefits
Employer's Cost of:
FICA 6.2 % x 36,231 = 2246
WC 4.72 % x 36,231 = 1710
Other (specify):
Mem care 1.457,ox36,231 = 525
% x
TOTAL PARTICIPANT FRINGE BENEFITS � $ - 4,481
NOTE: JTPA §143(a)(5) states, "No funds available under this Act may be used for contributions on
behalf of any participant to retirement systems or plans;" and DOL's guidelines specify- "FICA payments
should be made for SYEP participants effective July 1, 1991, and employers who do not make FICA
payments run the risk of having to make retroactive payments."
(Sources of Reference: DO12s letters of June 18, 1991 and July 23, 1991; JTPA TAB 10, JTPO Policy 84-3, JTPA
Bulletin 85-6).
TOTAL PARTICIPANT COSTS: (Total #1 and #2) Section A 7T$-40,712
Rev. 3/92 Page 12
SECTION B - STAFF COSTS
of No. Remedial Part.
Name/Title Sal2rv/Wk Time Wks. Admin. TraininQ Support TOTAL
Ray Ramirez, Recreation Asst. 148.68 35% 16 2379 2379
Kathie Flemington, S= Coord. 276.90 100% 12 443 2880 3323
—Eddie Upton, Sr. Admin. Clerk 58.22 12.5% , 12 699 699
Rita Osborn, Project Coordinator 25.54 5% 12 306 306
Note: The law requires a separate tracking of funds and commingling of funds will not take place. For staff
salaries and other expenses that are supported b m ore than one pro ect fund, Contractor must develop a Cost
Allocation Plan for those charges, keep it on file, and make it available- at all times for audit and
monitoring.
Aggr,o va' Indirect cost Rates: operators who wish to apply the Indirect Cost Policy must submit to the SDA
H2'18 p IU by their cognizant Agency. Operators who do not have an approved Indirect
establish a d apply the Indirect Cost Policy, should submit the request to the SDA for
Cost Rate, but wish to n i
approval. (References: DOLs TEIN 39-85 of 3/3/86 and Directive 1 84-22).
SUBTOTAL SALARIES 443 6264 6707
Employer's Cost of Fringe Benefits
Total
Benefit Rate Salaries
FICA 6.2% -6, 07
Worker's Cccir 4.72% 6,707
Medicare 1.45% 6,707
SUBTOTAL: FRINGE BENEFITS A, 12.4 54 775 829
TOTAL STAFF COSTS (Section B) 497 7039 7536
Page 13
Rev. 3/92
Section C - Other Program Costs Remedial Part.
Admin Training Support TOTAL.
1. Travel Costs
Ia. Mileage
Staff Member {Title) Rate/Mi. MUWk. #Wks.
All Staff .26 240 16 996
1.b. Other Travel Costs (describe)
SUBTOTAL TRAVEL 996 583
2. Participant Supportive Services
2.a. Child Care
2.b. Health Care (medical, dental, eye care)
2.c. Transportation
SUBTOTAL SUPPORTIVE SERVICES
1. Equipment (attach itemized list) RenV ease only
2. Supplies 200 656 772
3. Reproduction 56 56
4. Equipment RepairiMaintenance
S. Rent: sq.ft. x $ /sq. ft./mo. x mos.
6. Utilities
7. Telephone
8. Postage
9. Bonding & Insurance
10.Advertising - Outreach
11. Other Expenses (attach description)
Ila. Administration Indirect Cast 1551 1551
TOTAL OTHER PROGRAM COSTS (SECTION C) 1551 200 1211 2962
TOTAL PROGRAM COSTS (A+B+C) 1551 697 149,459 51,707
PERCENT OF PROGRAM COSTS 3% 1.3% 1 95.7% 100%
Rev. 3/92 Page 14
Attacnment
Occupational Title Summary Contractor:
City of Redlands
Agreement No. A9029-21 P.O. Box 3005
Redlands, CA 92373
NUMBER DTPA Wage Duration
Occupational Title Of Jobs Rate of Employment
(A) (B) (C) (D)
Recreation Aide 28 4.25 11 weeks
Maintenance Trainee 3 4.25 11 weeks
TOTAL 31
This form should be completed for Work Experience Program only. List all occupational
titles in column A, and complete columns B through D.
Rev. 3/92
Attachment 2
SIGNIFICANT SEGMENT
(Youth Only)
Contractor: city of gedlandg Contract #: A9029-21 odification:
CHARACTERISTICS
SDA % Level Contractor's % Level
Male 40 50
Female 60 50
14 - 15 Years Old 50 50
16 - 21 Years Old 50 50 Sum of Percentage
22 . 55 Years Old .0- 0 Must Equal 100%
55 and Over -0- 0
White (non-Hispanic) 32 25
Black (non-Hispanic) 25 25
Hispanic 36 50
American Indian/Alaskan Native I
Asian or Pacific Islander 6
(includes Filipino and other Asian or PI)
School Dropout 30 10
AFDC Recipients 20 95
Disabled 12 25
(Significant Segment means: A group within the local population whose characteristics cause individuals within them
to experience unusual difficulty in obtaining employment. Source of Reference: DTPA Directive 87.7, Rev. 1).
Rev. 3/92
httachment 3
PROGRAM WORKSITE LOCATION Contractors City of Redlands
P.O. Box 3005
Agreement No. A9029-21 Redlands, CA 92373
mundmr Street Address
worksite Of Jobs (Do not use P.o. Bois)
� ff
(A) ( 8) (C) 1
4
Redlands Cewuni.ty Center 7 111 W. Lugonia
Recreation Office 9 525 N. University Street
Crafton 1 311 N. Wabash
Smiley 2 1210 W. Cypress Avenue
Sylvan 2 University and Colton.
Kimberly 1 301 W. South Avenue
Lugonia 2 202 Pennsylvania Avenue
McKinley 1 645 W. Olive Avenue
Hillside Memorial Park 1 1540 Allesandro
Brockton Housing Authority 5 Brockton and Texas
31
'his to= swam be 00*10tad for Work. Ex"ri4we "Owam =IT.
List all work sitar is oolumn A, and coMlato columm s and C.
Rev. 3/92
4
ASSURANCES AND CERTIFICATIONS
Amendment to Agreement
Funding of this Agreement is contingent on the availability of Federal or State
funds and continued Federal or State authorization for program activities, and
is subject to amendment or termination due to lack of funds or authorization,
This Agreement is subject to amendment as necessary in accordance with re-
requirements contained in any future Federal or State legislation, regulations
or policy. Either party may request an amendment or modification to this Agree
went. Amendment must be in writing and properly executed by both parties.
The contractor assumes control and responsibility for all fiscal, financial and
programmatic matters. No request for Agreement modifications will be honored
by the County if such request represents expenses or obligations incurred prior
to the Contractor receiving written approval from the County.
2 Auditing and Monitoring
A. The Contractor shall establish such fiscal controls and fund accounting
procedures as required by DTPA and State and Federal or local regulations 01
as may be deemed necessary to assure the proper disbursement of, and
accounting for, funds paid to the Contractor under the Job Training Partner,
ship Act.
B. The County, the U.S. Department of Labor, the Office of the Inspector
General, and the Comptroller General shall have the right to observe,
monitor, and/or evaluate all conditions and activities in the Agreement, and
to investigate, examine, and audit all records, books, papers or documents
related to the conduct of programs funded by the County.
C. The Contractor shall maintain such program and fiscal records and make such
program statistical and fiscal reports as are required by the County. The
Contractor agrees to comply with procedures established by the County
regarding timely completion and submission of the required reports.
D. The Contractor shall maintain and make available to the auditors/monitors
adequate records; cooperate with all auditors/monitors; comply with all
Federal regulations, State and local laws that are cited in the FESA and
JTPA laws as they relate to the utilization of funds or operation of
programs.
E. The County will be notified by the auditors/monitors performing audits of
any incidents of fraud, abuse or other criminal activity in relation to this
Agreement, the Act, or Regulations.
F. The Contractor agrees to retain all records pertinent to all grants and
agreements under the DTPA, including financial, statistical, property and
participant records and supporting documentation for a period of three years
from the date of obligation of funds. If at the end of three years, there
is ongoing litigation or an audit involving those records, the Contractor
shall retain the records until the resolution of such litigation or audit is
completed.
Rev. 03/92
G. Audit Requirements
The Contractor shall be responsible for the procurement of an audit under
the provisions of OMB Circulars A-128 or A-133 (or any other OMB circulars
that become legislation) in accordance with the Single Audit Act of 1984,
Public Law 98-502. Those organizations not included under OMB A-128 and OP
A-133 shall be responsible for the procurement of an audit in accordance
with Section 164 of the Job Training Partnership Act, Public Law 97-300.
OMB Circular A-128 refers to "Audit Requirements for State and Local Goverr
ments" and A-133 establishes "Audit Requirement for Higher Education and
other Non-Profit Organizations" .
Therefore, the Contractor will be responsible for providing the County with
information which will assist the County in determining if the Contractor
has met its audit requirements for organizations that received (receive)
$25,000 or more in federal funds in any given fiscal year. This responsi-
bility may include but not be limited to, providing the County with a copy
of the annual audit report.
Further, the Contractor acknowledges that the County of San Bernardino may
not contract with any organization which is not in compliance with these
requirements,
3 Choice of Law Governing this Agreement
This Agreement shall be governed by and construed in accordance with the laws of
the State of California.
4 Compliance With Statutes and Reizulations
The Contractor warrants and certifies that in the performance of this Agree-
ment, it shall comply with all applicable statutes, rules, regulations, and
orders of the United States, the State of California, the County of San Bernar-
dino, including the laws and regulations pertaining to labor, wages, hours, and
other conditions of employment. The Contractor further warrants and certifies
that it shall comply with new, amended, or revised laws, regulations, and/or
procedures that apply to the performance of this Agreement.
Example of applicable statutes, rules or regulations include but are not limited
to, the following:
A. The Job Training Partnership Act (DTPA) Public Law 97-300 of 1982, all
regulations to DTPA, and any new legislation, regulation, policy and
procedures which may replace DTPA;
B. The Family Economic Security Act (California Unemployment Insurance Code) to
the extent permitted by Federal Law; all State regulations and local
policies and procedures issued pursuant to FESA; and any new legislation,
regulation, policy and procedures which may replace FESA; and
C. The terms and conditions of this Agreement and all applicable Federal, State
and local laws, regulations and policies, and any amendments thereto.
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Rev. 03/92
D. The Assurances made by the County that were imposed upon the County and the
County's Grant Application for funds under JTPA;
E. County of San Bernardino JTPA policies as set forth in the Request for
Proposal dated February 21, 1992;
F. County of San Bernardino administrative procedures and notices released in
the form of field memorandums;
G. Copeland Act (Anti-Kick-Back) ;
H. Davis-Bacon Act (Labor standard on wages paid. ) ;
I. Hatch Act - The Contractor will comply with the provisions of the Hatch Act
which limits the political activity of the participants, subcontractors,
staff, and other interested persons under this contract and will comply with
the requirement that no program activities under this contract shall involve
political activities.
J. California Political Reform Act (California Government Code)
K. Title VI and Title VII of Civil Rights Act of 1964 as amended by the Equal
Employment Opportunity Act of 1972, and implementing regulations;
L. The Age Discrimination Act of 1975, as amended, and implementing regula-
tions; (Non-Discrimination on the basis of age) ;
M. The Military Selective Service Act, Section 3;
N. Sections 503 and 504 of the Rehabilitation Act of 1973, and implementing
regulations; (Non-Discrimination on the basis of handicap) ; and the American
Disabilities Act of 1990;
0. Title IX of the Education Amendment of 1972; (Non-Discrimination on the
basis of sex) ;
P. The Single Audit Act of 1984 (Public Law 98-502) ;
Q., The Immigration Reform and Control Act of 1986 (where applicable) ;
R. Heath and Safety Standards under OSHA of 1970.
S. Executive Order 12549 requires any recipient receiving Federal Assistance
funds to certify that their organization and its principals are not debarred
or suspended from doing business with governmental agencies.
T. The Labor Code of California and the Child Fair Labor Standard Act (where
applicable) ;
U. The Drug-Free Workplace Act of 1988.
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Rev. 03/92
5 Effect of Legal Judgement
Should any covenant, condition or provision herein contained be held to be
invalid by final judgement in any court of competent jurisdiction, the invalidi
ty of such covenant, condition or provision shall not affect any other covenant
condition or provision herein contained.
6 Egual Opportunity Non-Discrimination
The Contractor assures that it has an Affirmative Action Plan which is applica-
ble to cover staff and participants under this Agreement which declares that it
does not discriminate on the basis of race, color, religion, creed, national
origin, physical/mental handicap, sex, political affiliations or beliefs and
ages in the selection of participants and staff personnel. Such action shall
include, but not be limited to, the following: employment, promotion, demotion
or transfer, recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race,
color, religion, sex, national origin, age, citizenship, handicap, or political
affiliation or beliefs. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or recruit-
ment advertising, layoff or termination, rates of pay or other forms of compen-
sation, and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provision of this nondis-
crimination clause.
In the event of the Contractor's non-compliance with the non-discrimination
clauses of this Agreement or with any of such rules, regulations or orders, this
Agreement may be canceled, terminated, on suspended in whole or in part and the
Contractor may be declared ineligible for further Government contract in
accordance with procedures authorized in Executive Order 11246 of September 24,
1965.
7 General Compliance
A. All education programs for youth supported with funds provided under this
Agreement shall be consistent with applicable State and local educational
standards.
B. Standards and procedures with respect to the awarding of academic credit and
certifying educational attainment in programs conducted under this Agreement
shall be consistent with the requirements of applicable State and local
laws and regulations.
C. No person or organization may charge an individual a fee for the placement
or referral of such individual in or to a training program under this
Agreement.
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Rev. 03/92
D. No funds may be provided under this Agreement for any subsidized employment
with any private-for-profit employer except as allowed in Section 205(d) -
(3)(B) of Public Law 97-300, October 13, 1982. (Tryout Employment Program) .
E. Funds provided under this Agreement shall not be used for Public Service
Employment.
F. Any reports, analyses, studies, drawings, information, or data generated as
a result of this Agreement are to be considered confidential. Such informa-
tion shall not be made available to any individual, agency, or organization
except as provided for in this Agreement or as provided by law.
8 Indemnification
The Contractor shall indemnify, defend, and hold harmless to the County, its
officers, agents, and employees, and the Private Industry Council (PIC) offi-
cers, agents , and employees from any loss, liability, claim or damage that may
arise or result from activities of the Contractor, or in connection with
Contractor's performance of this Agreement. Without limiting the generality of
the preceding sentence, the Contractor shall indemnify, defend, and hold
harmless the County and the Private Industry Council against any liability,
claim loss, demand or damage incurred by the County or the Private Industry
Council as a result of the determination by the United States Department of
Labor, or its successor, or the Grantor that activities undertaken by the
Contractor in connection with this Agreement fail to comply with any laws,
regulations, or policies applicable thereto, or that any funds billed by, or
disbursed to, the Contractor under this Agreement were improperly expended.
9 Insurance Requirements
A. Worker's Compensation (When Applicable)
To the extent that a State Worker's Compensation Law is applicable, Worker's
Compensation Insurance shall be made available with respect to injuries
suffered by participants under this contract. To the extent that such law
is not applicable, Contractor shall secure insurance coverage for injuries
suffered by such participant before commencing the performance of the work
of this Agreement.
B. Underlying Insurance
The Contractor shall be responsible for requiring indemnification and
insurance as it deems appropriate from its employees receiving mileage
allowance, and from its agents and subcontractors, if any, to protect the
Contractor's and the County's interests, and for ensuring that such persons
comply with any applicable insurance statutes. The Contractor is encouraged
to seek professional advice in this regard.
C. Fidelity Bond (When Necessary)
The Contractor shall secure a fidelity bond against any losses of money,
securities, and other property caused by any fraudulent or dishonest act
committed by any employee, board member, officer, partner, shareholder
and/or trainee of the Contractor, subject to the following requirements:
Rev 03/92 -5-
1.
The bond shall be a Commercial Blanket Bond, with an approved corporate
surety covering all employees, board members, officers , partners,
shareholders, and/or trainees;
2. The bond shall be limited to this Agreement and shall name the Countv as
loss payee, obligee or additional insured for the purpose of reimburse-
ment of any loss sustained by the action of the Contractor in the
performance of this Agreement;
3. The bond shall cover losses incurred during the period of performance of
this Agreement with a discovery period covering no less than one
year subsequent to cancellation or other termination of the bond,
D. Liabilitv Insurance
Prior to commencement of its performance of this Agreement, the Contractor
shall procure and maintain in effect a policy or policies of comprehensive
general liability and automobile liability for owned and non-owned vehicles
with an insurance company or companies for the benefit of the Contractor,
the County and the Private Industry Council, under the terms of which the
County, its officers, agents, and employees, and the PIC, its officers,
agents, and employees are protected from, and insured against, any loss,
liability, claim or damage arising out of, or resulting from, activities of
the Contractor, its officers, agents or employees in connection with the
Contractor's performance of this contract.
The limits of liability of such policy or policies of liability insurance
shall be not less than five hundred thousand dollars ($500,000,00) combined
single limit for bodily injury and property damage. The County and the PIC
shall be named as additional named insured. Within ten (10) days after
execution of this contract by the County, the Contractor shall deliver to
the Jobs and Employment Services Department of the County a certificate or
certificates of insurance pursuant to this Agreement. The certificate of
insurance shall include evidence of the required additional insured endorse-
ments and shall provide that the policy or policies may not be canceled or
terminated except upon delivery of thirty (30) days prior written notice to
the County and to the PIC.
The Contractor may satisfy the insurance requirements set forth herein by
showing that it is a member of a joint powers entity created pursuant to
California Government Code Section 6500 et. seq. , which provides insurance
or self-insurance to Contractor for the risks and to the entities set forth
herein for which Contractor has agreed to provide insurance.
The Contractor shall require the carrier(s) of the insurance coverage(s) to
waive all rights of subrogation against the County, the Department and the
Private Industry Council.
The above insurance requirements are subject to periodic review by the
County. The County is authorized, but not required, to reduce or waive any
of the above insurance requirements whenever the County determines that any
of the above insurance is not available, is unreasonably priced, or is not
needed to protect the interests of the County. In addition, if the County
determines that heretofore unreasonably priced or available, the County is
authorized, but not required, to change the above insurance requirements to
Rev. 03/92 -6-
require additional types of insurance coverage or higher coverage limits,
provided that any such change is reasonable in light of past claims against
the County, inflation, or any other item reasonably related to the County's
risk.
Any such reduction or waiver for less than, the entre tern of the contract
(including any option periods) must` be in writing and signed by the County
to be effective.
Any such reduction or waiver for the entire term of the contract
(including
any option periods) and any change requiring additional types of insurance
coverage or higher coverage limits must be made by amendment to this
contract. Contractor agrees to execute any such amendment within thirty
(30) stays of receipt.
10 labor Re , e ent
A. The Contractor shall comply with the provisions of Article 3, Chapter 1
Part 7 Division; 2 of the Labor Cade of California, the California Child
Labor Laws and all other applicable statutes, ordinances, and regulations
relative to employment, wages, hours of labor and industrial safety.
B. Whenever the Contractor has knowledge that any actual or potential labor
dispute, involving participant or other employees, is delaying or threatens
to delay the timely performance of this Agreement, the Contractor shall
immediately give notice thereof, including all pertinent information, in
regard to same to County.
C. Conditions of employment or training shall be appropriate
light of such factors as the type of work, geographical region, and profi-
ciency of the participant.
D. Health and safety standards established under State, :;Federal, and local law,
otherwise applicable to working conditions of employees, shall be equally
applicable to working conditions of participants. With respect to any
participant in a program conducted under this Agreement who is engaged in
activities which are not covered by health and safety standards under OSHA
of 1970, the Contractor shall prescribe, by regulation, such standards as
may be necessary to protect the health and safety of such participants.
ll Maintenance`of ZEUZI
A. The Agreement will not result in the displacement of `employed workers
(including partial displacement such as reduction in the hours of non-
overtime work, wages, or employment benefits) , or impair existing agreements
or services or result in the substitution of Federal funds or other funds in
connection with work that would otherwise be performed.
B. No program shall impair existing Agreement for services or collective
bargaining Agreement, except that no program under this Agreement which
would be inconsistent with the terms of a collective bargaining agreement
shall be undertaken without the written concurrence of the labor organiza-
tion and employer, concerned.
Rev. 03/92 -7-
C The Contractor will assure that no funds will be used to hire any partici-
pant to fill a job opening created by the action of the Contractor in laying
off individuals for the same or any equivalent job, or terminating the -
employment or any other regular employee not supported under the agreement
in anticipation of filling the vacancy so created by hiring a participant to
be supported by this Agreement,
D. The Contractor will assure that no jobs shall be created in a promotional
line that will infringe in any way upon the promotional opportunities of
currently employed individuals,
E. This Agreement contains the entire agreement of the parties and all negotia-
tions and any other agreement between them. This Agreement is not intended
to and shall not be to create the relationship of agent, servant, employee,
partnership, joint venture or association between the County and the
Contractor.
12 Non-Duplication of Service
A. Funds provided under this Agreement shall only be used for activities which
are in addition to those which would otherwise be available in the area in
the absence of such funds.
B. Funds provided under this Agreement shall not be used to duplicate facili-
ties or services available in the area (with or without reimbursement) from
Federal, State, or local County sources, unless the plan established that
alternative services or facilities would be more effective or more likely to
achieve performance goals.
13 Participation of Small, Minority, and Women's Businesses
To the fullest extent possible in the administration of this Agreement, the
Contractor shall provide opportunity for small, minority and women's businesses
to participate in procurement under this Agreement.
The Contractor also agrees to comply with the provisions of the Affirmative
Action Compliance Program of the County of San Bernardino and rules and regula-
tions adopted pursuant thereto. Executive Orders 11246, 11375, 11625, 12138,
12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair
Employment Practice Act, California Public Contracts Code 2000, and the San
Bernardino County M/WBE Policy No. 11-15, and other applicable Federal, State,
and County laws, regulations, and policies relating to equal employment and
contracting opportunities, including laws and regulations hereafter enacted.
Information on these rules and regulations may be obtained from the Contract
Compliance Officer of the County of San Bernardino at (714) 387-8894.
14 Payment or Benefits (Where Applicable)
A. Individuals employed in activities authorized under this Agreement shall be
paid wages which shall not be less than the highest: (A) the minimum wage
under Section 6(a) (1) of the Fair Labor Standard Act of 1938, (B) the
minimum wage under the applicable State or local minimum wage law, or (C)
the prevailing rates of pay for individuals employed in similar occupation
by the same employer.
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B. A trainee shall receive no payments for training activities in which the
trainee fails to participate without good cause.
C. No funds available under this Agreement may be used for contribution on
behalf of any participant to retirement systems or plans.
15 Permits and Licenses
The Contractor shall obtain all permits and licenses necessary to the perfor-
mance of this Agreement. The Contractor shall pay all normal fees for permits,
licenses, inspections or any other certification or service required in the
performance of this Agreement. The County is not permitted to waive any fees
for services, except as otherwise required by law.
16 Prohibition of Activities
A. The Contractor will assure that no funds under this contract shall be used
to assist, promote or deter union organizing activities.
B. Funds provided under this Agreement shall not be used to assist in relocat-
ing establishments or parts thereof, from one area to another unless such
relocation will not result in an increase in unemployment in the area of
original location or in any other area.
C. None of the funds, materials, property, services, and participants shall be
used for, or employed on, the construction, operation or maintenance of so
much of any facility as is used or to be used for sectarian instruction or
as a place for religious worship. Contractor also assures that this
Agreement does not provide the advancement or aid to any religious sect,
church or creed, or sectarian denomination.
D. None of the funds, materials, property or services provided directly or
indirectly under this Agreement shall be used for or to promote any partisan
or non-partisan political activity or: to support or defeat any pending
legislation or administrative legislation.
17 Prohibition of Legal Proceedings
The Contractor is prohibited from using funds under this Agreement for the
purpose of instituting legal proceedings against the County or its official
representatives.
18 Press Release/Published Announcements
In all communications with the press , television, radio, or any other means of
communicating with the general community, regarding any items which are related
to the program which is funded by this Agreement, the Contractor shall make
specific reference to the County as the contracting agency, and the Private
Industry Council (PIC) at the co-sponsor of the program from funds made avail-
able under the Job Training Partnership Act, and that the Contractor is an Equal
Opportunity Affirmative Action Employer. The Contractors is also requested to
coordinate press releases with the County media/public relations for maximum
impact.
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19 Property, Tools and Equipment
In the event of any termination, all property (finished or unfinished) , docu-
ments, photographs, data, studies and reports or unused supplies prepared or
purchased by the Contractor under this Agreement shall be disposed of in
accordance with direction from the County.
In addition, any tools, equipment, assets furnished to the Contractor by the
County and/or purchased by the Contractor with funds from Cost-Reimbursement
contracts .shall be limited to use pursuant to this Agreement and shall remain
the property of the State of California. Upon termination of this Agreement,
the Contractor shall immediately return such tools and/or equipment to the
County or dispose of them in accordance with the directions of the County.
Personal or real property transferred from program under CETA will be used for
the purposes of DTPA and the Contractor will adhere to procedures and recording
requirements as may be published by the DTPA in order to maintain accountability
for property.
20 Standard of Conduct
The Contractor hereby assures that in administering this Agreement, it will
comply with the standard of conduct set out herein, for maintaining the integri-
ty of the project and avoiding any conflict of interest, nepotism, and any
situation which may give rise to a suggestion that any decision was influenced
by prejudice, bias, special interest, or personal gain.
A. Conflict of Interest
The Contractor assures that none of its directors, officers, employees, or
agents shall participate in selecting, or administering any Subcontract
supported (in whole or in part) by Federal funds where such person is a
director, officer, employee or agent of the Subcontractor; or where such
person knows or should have known that:
1. A member of such person's immediate family, or partner, or organization
has a financial interest in the Subcontract;
2. The Subcontractor is someone with whom such person has negotiated or is
negotiating any prospective employment; or
3. The participation of such persons would be prohibited by the California
Political Reform Act, (California Government Code) if such persons were
a public officer, and because such person would have a "financial or
other interest" in the Subcontract.
NOTE: The term "Immediate Family" includes but is not limited to
those persons related by blood or marriage, such as husband,
wife, father, mother, brother, sister, son, daughter, father-
in-law, mother-in-law, brother-in-law, sister-in-law, son-in-
law or daughter-in-law.
The term "Financial or Other Interest" includes but is not
limited to:
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a) Any direct or indirect financial interest in the specif-
ic Agreement including a commission or fee, a share of
the proceeds, prospect of a promotion, or of future
employment, a profit, or any other form of financial
reward;
b) Any of the foll,3wing interest in the Subcontractor
ownership; partnership interest or other beneficial
interest of five percent or more; ownership of five
percent or more of the stock; employment in a managerial
capacity; or membership on the board of directors or
governing body.
4. The Contractor hereby assures that it will establish safeguards to
prohibit employees from using position for a purpose that is, or gives
the appearance of being, motivated by a desire for private gain for
themselves or others , particularly those with whom they have business or
other ties. Executive officers or employees of the Contractor will not
solicit or accept money or any other consideration from a third person,
for the performance of an act reimbursed in whole or in part by the
Contractor or the County. Supplies, material, equipment or services
purchased with DTPA funds will be used solely for purposes allowed under
the Agreement.
5. The Contractor shall not subcontract with a former director, officer or
employee within a one-year period following the termination of the
relationship between said person and the Contractor.
Further, the Contractor assures that no member, officer or employee or
the Contractor shall have any interest, direct or indirect, in any
contract or subcontract of the proceeds thereof for work to be performed
in connection with this project during his/her tenure as such employee,
member or officer or for one year thereafter.
6. Prior to obtaining the County approval of any subcontract, the Contrac-
tor shall disclose to the County any relationship, financial or other-
wise, direct or indirect, of the Contractor or any of its officer,
directors or employees or their immediate family with the proposed
Subcontractor and its officers, directors or employees.
7. The Contractor warrants that it has not paid and will not pay to any
third person any money or other consideration for obtaining this Agree-
ment.
B. Nepotism
1. No relative by blood, adoption or marriage of any executive or employee
of the Contractor, will receive any favorable treatment for enrollment
in services provided by, or employment with, the Contractor.
2. Executives and employees of the Contractor will be particularly aware of
the varying degrees of influence that can be exerted by personal friends
and associates and, in administering the Agreement, will exercise due
diligence to avoid situations which may give rise to an assertion that
favorable treatment is being granted to friends and associates.
Rev. 03/92
3. The Contractor may not hire a person in an administrative capacity,
staff position, or on-the-job training position with funds provided by
this Agreement if member of that person's immediate family is engaged i
an administrative capacity for the Contractor. ,
NOTE: A person in administrative capacity is a person who either ha
an overall administrative responsibility for a program, or ha
responsibility for the direction, hiring or fiscal integrity
of the Contractor's program.
21 Certification Regarding Lobbying
The Contractor certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agree-
ment.
B. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the
Contractor shall complete and submit Standard Form - LLL, "Disclosure Form
to Report Lobbying, " in accordance with its instructions.
C. The Contractor shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants and contracts under grants, loans, and cooperative
agreements) and that all Subcontractors shall certify and disclose accord-
ingly.
22 Waivers
A. Waivers of the provisions of this Agreement must be in writing and signed by
the appropriate authorities of the County.
B. No waiver by the County or breach of any provision of these conditions shall
be deemed for any purpose to be a waiver of a breach of any other provision
hereof, or of a continuing or subsequent breach of the same provision.
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