HomeMy WebLinkAboutContracts & Agreements_85-96_CCv0001.pdf County File Number: 44
DTPA Agreement No.:
A9OD325-61
L
Al'c- I" - COUNTY OF SAN BERNARDINO AGREEMENT
JOBS AND EMPLOYMENT SERVICES DEPARTMENT
AGREEMENT SIGNATURE SHEET
C-,/
Thi entered into by the County of San Bernardino, hereinafter referred to as the "DTPA Service
Delivery Area" and the City of Redlands
hereinafter referred to as the "Contractor." This Agreement is to provide for the operation of program(s) which
provide training mid/or employment and/or services for participants under the Job Training Partnership Act of 1982,
as amended in November 1992, and any regulations which may replace or amend DTPA.
The Contractor agrees to abide by and adhere to all provisions of this Agreement. The Service Delivery Area agrees
to reimburse the Contractor in accordance with the terms and conditions of this Agreement for allowable expenses
incurred to the extent that such eApenses are described herein and are incurred within the period of this Agreement
and/or are allowable under current policies and regulations of the Act, the State of California and the County DTPA
Service Delivery Area.
CONTRACT AMOUNT: S 80 ,000
PROJECT NAME: Summer Youth Employment Training Program (SYETP)
PERIOD OF AGREEMENT:
5/9/96 9/30/96
Beginning Date Ending Date
SDA: C LINTY OF SAN BERNARDINO CO O;R�'� APPROVED AS TO FORM:
By: I M /
By:
Dam: M6 27 Ald"9u s t 6 , 1996 Date-. S11,319a
Name: MARSHA TUROCI Name: Gary M. Luebbers Name: L. THOMAS KRAHELSKI
Title: Chairman of the Board of Supervisors Title: City Manager Title: Deputy County Counsel
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Rev. 4/96 Page I
C'WPIS 1,BOILERPL SYETP96
TABLE OF CONTENTS -
Page Number
Contract Signature Page 1
0 Table of Contents 2
0 Agreement Summary 3
• Certification Sheet 4
• Statement of Work 5 - 13
• Budget Statement 14
• Attachment#1: Job Titles and Worksite Location (Planned) 15
• Attachment#2: Target Group and Population Segment Plan 16
• Attachment #3: DTPA General Provisions 17 - 24
Rev. 4''96 Page 2
C',WP6J'k80IL,ERPLI,SYETP96
AGREEMENT SUMMARY
FUNDED AGENCY SDA SERVICE AREAS
Name: City of Redlands (represent areas where the services are provided)
Street: 35 Cajon St. , #30 , P.O. Box 3005 ❑ A-1 West Valley areas
City/Zip Code: Redlands 92373 ❑ A-2 Central Valley & Mountain areas
Program Director: Karen Olsen 6 A-3 East Valley and Low Desert areas
Phone Number: ( 9 0 9 ) 798-7514 ❑ A-4 High-Desert areas
Contact Person: Same LENGTH OF FINANCIAL AGREEMENT
Phone Number: Same (allowable period under which costs may be incurred)
From: 5/9/96 To: 9/30/96
Program Activity (check items that are applicable)
(Rev. 1/95)
AA- e Activity O J-On-the-Job Training(OJT) O S-Supportive Services/NBP
M-Basic Ed/Remedial Education O K- O T-Job Dev/Job Club/Placement
O C- O L-Limited Iraernstdp(youth) D U -
O D- O M-Case Management(SDA) O V - Voc. Exploration Skills
O E-Education for Employment(youth) O N-Individual Skills Training X2 W-work Experience
❑F- Vocational/Skills Training 00- O X-Entry Entp. Exp. (youth)
O G-Customdedflndust y Specific P-Pre-employment Skills/Work X2 Y-work Exp/Remedial Ed/Pre-Emp-
Maturity Skills(youth) Work Maturity Skills(SYETP)
O H-Job Specific Skills(youth) O Q-School-to-Work O Z
01- O R-Rapid ResponswBasic Readjustment.
(EDWAA)
PLANNED PROGRAM DDAENSIONS
YOUTH 14-21
Total Enrollments 40
Terminations include:
• Completed TMMIng 36
• Not Completed Trainins 4
4�
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CERTIFICATION
A. Chief OfficialsiOfficers of the Board of Directors (Iist names and titles)
i Swen Larson, Mayor 5 . Geni A. S . Banda, Councilmember
2. Pat Gilbreath, Mayor Pro Tem
3 William E . Cunningham, Councilmember
4. Gilberto Gil , Councilmember
B. Chief Fiscal Officer, Bookkeeper or Accountant:
Name: Steve Chapman, Finance Director
Address: P. 0 . Box 3005 , Redlands, CA 92373
Phone: ( 909 ) 798-7543
C. Date this Organization was founded:
Month: December Day: 3 Year: 1888
D. State ID Number: 800-9833-8
95-6000-766
Federal ID Number:
This is to certify that the above information is true, complete, and correct and that
Gary Luebbers, City Manager
of
(Name of Cow=ftwtory OffcW)
City of Redlands
Oga=aaon
is legally authorized by its governing body to enter into this Agreeme2andther related transactions on its behalf.
ATTLST:
!rignature-OrBoard 74ember
Swen Larson, Mayor
L rr e Poyz , ity Clerk Name&Tide
P. 0. Box 3005 , Redlands , CA 92373
Address
( 909 ) 798-7533
Telephone
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C-\WP61 WILERPL'.SYETP%
t. GENERAL DESCRIPTION
(Briefly describe the training program, including a statement of work to be performed and specific
features of the program. Test must be specific, concise and clear. Activities under SYETP shall be a
combination of work-based training and classroom-based training. Work-based training includes Work
Experience. Classroom-based Training shall include Pre-Employment/Work Maturity Skills, Basic
Education Skills, Citizenship Skills, etc. Completion of an Objective Assessment and development of
an Individual Service Strategy (ISS) for participants must also be described.
The City of Redlands 1996 Summer Youth Employment Program is designed to
enhance the basic educational skills of youth, encourage school completion or
enrollment in supplementary or alternative school programs, provide eligible youth with
exposure to the world of work, and enhance citizenship skills. Participants will be
youths, ages 16-21 , who meet the eligibility criteria as defined by the Job Training
Partnership Act.
Our 1996 program will focus on youth, with a special emphasis on those aged 16-21
years. The City of Redlands plans to provide forty (40) job slots for DTPA-eligible
participants from the Redlands Unified School District service area. Ten (1 0) weeks
of average training is programmed for each participant. Participants will earn the wage
of $4.50 per hour, effective the first day of enrollment, and will be paid for the actual
number of hours in training.
The City of Redlands assures that it will comply with DTPA Section 141 (a) and focus
on the "most in need'" who can benefit from the training program. The 1996 program
will target dropouts and potential dropouts. This population traditionally slips through
the educational crack and into the welfare system.
An Objective Assessment will be prepared to assist youths in reviewing of academic,
occupational skills, employability, interests and career goals. In the process, various
instruments, including the Work Maturity Survey, COIN (Vocational inventory) and the
CA SAS assessment test for Math and Reading are utilized. School administered and
approved proficiency exams will be accepted as verification of proficiency levels of
some participants. Only those students requiring remedial training will participate in
the remedial program. Participants will receive orientation that includes program
goals, health/safety, on-site training and math and reading education (where
applicable). Each program participant will be consulted by the Program Coordinator
as to areas of career interest as part of the Individual Service Strategy for each
participant. Participants will be assigned to related positions within a variety of
occupations, i.e. maintenance, recreation, custodial, water distribution, Police
Department, streets and park maintenance and office/clerical.
A post-test will be given to each participant under remediation training. A copy of the
pre-test and post-test will be maintained in the program file.
The Program Coordinator will provide overall supervision and guidance to participants,
including regularly scheduled worksite visitations and evaluations of participants to
ensure participant needs are being met. Page 5
IL PROGRAM SPECIFICATIONS.
Worksites to be selected for Work Experience in SYETP must be Public Agencies or Private Nonprofit
Agencies. Work Experience is short-term or part-time assignment designed to develop basic job skills and
good work habits for individuals who have never worked, or have been out of labor force for an extended
period of time.
a. Duration of work experience in the public or private nonprofit agencies has no hour limit. The need
for WE, along with the number of hours, must be justified in the case file and documented in the
Individual Service Strategy (ISS).
b. Pre-Employment/Work Maturity Skills cannot exceed 200 hours.
2. In-school youth can be enrolled in the program once the school has officially recessed for the surnmer and
must be terminated from SYETP 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.
1 Out-of-school Youth can be enrolled in the program beginning May 1st or thereafter, and must be terminated
from the program on/or before September 30th, or onior before the terminating date of the contract,
whichever comes first.
4. Students attending schools that operate on a year-round, full-time basis, can be enrolled in the program
during vacation period treated as the equivalent of a summer vacation; however, the contract period will
prevail and no students in year-round school can be enrolled prior to the commencing date, and/or remain
in the program beyond the terminating date of the contract.
NOTE: For more details, the Contractor should refer to Field Memo SB 94-29 of
9/28/94 which provides definition of In-School and Out-of-School.
III. ESSENTIAL PROGRAM ELEMENTS
Describe the method of accomplishment of each area listed below. If another agency is directly involved in the process,describe
the extent of involvement.
1. OUTREACHIRECRUITMENT: (Note: In•school,out-of-School, Private School Students and all Eligible Youth
can be served);describe:
Flyers and personal contact with Housing Authority Representative
at both Brockton and Lugonia Projects . Information flyers will be
developed and posted at various public places, (e.g. , low-income
housing sites, Redlands Community Center , YMCA, YWCA, Orangewood
Continuation School and throughout the Redlands Unified School
District. News Releases will be distributed to the various media.
Rev. 4196 Page 6
C'WP61'WtLERPLSYErP%
III. ESSENTIAL PROGRAM ELEMENTS (continued)
2. OBJECTIVE ASSESSMENT: (Each participate must be provided with an objective assessniem of his/her basic skills
and supportive service needs. This may include review of acadernic,occupational skills,prior work experience,ernployaiiiiity,
interests and aptitudes};describe:
Objective Assessment is a multiple-step process. CASAS
instrument will be utilized for academic assessment in Math
and Reading; school ' s proficiency exams will also be accepted;
SDA' s Work Maturity Skills Survey and the COIN instrument are
utilized for other areas of assessment. Post-testing will be
included.
3. INDIVIDUAL SERVICE STRATEGY': (ftmerty EDP- m&vxkW plan whit dwB include an employment goal,
vproprwe achieverrient objectives,and appropriate sequence of services for parucVul);describe:
Based upon the assessment, each participant will be consulted
by the Program Coordinator regarding areas of career interest
to begin to develop the Individual Service Strategy for each
participant. The ISS will serve as a career guide which also
defines a training plan, objectives to be achieved and sequence
of services for participant. Recommendations for additional
services will be made, if necessary.
4. MAKE PROMS: Intake eligibility will be performed by the Contractor. The Contractor makes
preliminary determination of eligibility, initiates and prepares all required DTPA forms, including
the Client Application/Registration (ERF Form), the Referral/Enrollment (EEF form); the Status
Change (ESFa form) and the Placement Information (ESFb form), when applicable. The SDA
Intake Personnel shall review and make final determination of client eligibility and execute/sign the
required DTPA forms.
5. ORIENTATION: Participants and Worksite Supervisors will be given orientation in regard to
program goals, work assignment and schedule, labor laws, attendance, accident-report, civil rights,
health and safety, cause for termination, etc. Participant and Supervisor handbooks or any sundar
materials will be distributed to all persons involved, using the SDAs sample guide.
6. COUNSELING (describe):
The Program Coordinator will visit the worksite on a regular
basis and conduct evaluations of participants to ensure
participants,"needs are being met.
If a situation arises wherein a participant is obviously mis-
matched, efforts will be made to reassign that participant to
one of the other available job sites . The Program Coordinator
will provide counseling for students on a one-on-one basis for
any problem that may arise during the program.
IA recent assessment and Individual Service Str&egy conducted by other non-JTPA agencies(JOBS,regular
high school academic program,etc.)which is completed within I year of application for services may be used to comply
with requirements described in Paragraph 2 and 3 above.
Rev. 4/96 Page
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H1. ESSENTIAL PROGRAM ELEMENTS (continued)
7. SUPPORTIVE SERVICES/NEEDS-BASED PAYMENT: (if funds are allocated in the contract,the Contractor
shall reviewiapprove/provide and pay those services. Needs for Supportive Services/Needs-Based Payments should be
recorded in the Objective Assessment; follow the procedural rules on Supportive Services/Needs-Based Payments, describe:
Supportive Services will be executed in accordance with the
procedural rules adopted by the Department.
Documentation supporting payment made for Supportive Services
is on files at the Contractor ' s office.
IV. PROGRAM POLICIES/PROCEDURES
1 ELIGIBILITY FOR SERVICES: An individual is eligible to participate in SYETP if such individual
is:
a. age 14 through 21
b. economically disadvantaged, or eligible for FREE meals under the National School Lunch
Act during the most recent school year.
Additionally, the Contractor assures that it shall provide training and employment opportunities to
those who can benefit from, and who are most in need of, such opportunities and shall make efforts
to provide equitable services among substantial segments of the population(JTPA §141a).
CAUTION: The "10% window provision" which authorizes the non-economically
disadvantaged to participate in DTPA training programs does NOT apply to SYETP.
2. INSURANCE REQUIREMENTS: (In accordance with Labor Standards,the Comprehensive Liability and Workers'
Compensation Insurance coverage must be made available with respect to injuries suffered by participants and staff personnel;
for more details, refer to Attachment 3). Describe:
• The Comprehensive Liability and Workers' Compensation Insurance coverage is provided
for participant, using ftuids provided by this SYETP Contract. Certificate of Insurance is
on file at the Contractor's office, with a copy sent to the Department, for files.
3 PROGRAM MANAGEMENT: (systems designed for apprising program management of both programmatic and fiscal
performance on a regular basis. Indicate the type and frequency of reports, meetings, conferences, or other methods in
program mimagernent);describe:
The SYETP Program Coordinator will meet weekly with Project
Director to evaluate program development. Written reports
are kept on file as documentation for future reference.
A monthly budget report will be requested from the Finance
Department, reflecting expenditures, beginning and current
balance.
Rev, 4196 Page 8
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4. ACCOUNTING and INTERNAL CONTROLS.' (sistems that may indua Accoummg Principles and practices,
Maintenance of Records. TransactiomFinancial Reports. Claims for Reimbursement, Internal control structure to assure
coffipfiance with laws. regulations and contracts). describe:
• Proper accounting practices will be implemented to ensure the accountability of all funds
received and expended or disbursed under this Contract. Records supporting financial
transactions are maintained in file.
• Request for Reimbursement will be prepared and submitted before the tenth (10th) working
day of each month to claim the actual expenditures incurred during the previous month(s).
I
Internal control structure will be implemented to prevent fraud, misuse of fluids and to
assure compliance with laws, regulations, grants and contracts.
5. COST ALLOCATION PLAN (method to ensure fumlins smirce is fairly charged;or the process of distributing costs
or services to a number of other program, grams, funding sources; pion must be suilimmed and on file a SDAs off=)-.
describe:
The City of Redlands has a cost allocation plan in effect to
prevent =proper charging of funds and to ensure the expenses are
distributed appropriately to various contracts, grants, funding
sources and cost categories. A copy of the plan is maintained on
f ile.
6. WORKSITE AGREEMENT: (for work-based training.a worksine Alpeenum mat be developed and signed by the
Contractor and the Worksite Operator),describe:
• The Contractor is responsible to conduct pre-monitoring and evaluation of worksites, based
on the nature of the training provided and the career interests of the participants. The
Department reserves the right to reject/withdraw any workshe if it does not meet
qualifications for worksite selection.
• The Contractor shall rriiitimin on file a copy of Worksite Agreement between both parties,
with one (1) copy forwarded to the Department, and one (1) copy each given to the
Worksite Supervisor and the Participant.
7. PROGRAM INCOME or AVERAGE DAILY ATTENDANCE FUNDS: {Indicate whether or not the
progrun will generate any ADA hinds. revenue,or incotne. If so. include estimated amattrit and source. ADA hinds must
be and prunardy for teacher's salary. .DTPA hinds can only be used to the teacher's salary when ADA
hinds are not available midlor are not enough); describe:
No gross or net revenue will be generated as a result of this
contract.
Rev. 4/96 Page
c wPtt,a0tLEjtf"-tSYETP%
& GRIEVANCE PROCEDURE: (internal procedures to be used for resolving grievances or complaints, including the
specific steps a participant must follow,and the time limits for resolution, The Contractor can use the sample form provided
by the Department, or use the guide shown below), describe:
(a) Complaint/grievance identified verbally and discussed Same day or within 24 hours
by participants with Program Coordinator maximum. If not resolved, go to
and Worksite SL(WoNj4igtqr. next Step.
(b)Complaint/grievance.identified in writing and Same day or within 3 days
discussed with —Pro 3ect Directof- maximum. If not resolved, go to
(position title) next Step.
(c) Initial hearing on grievance; complainant, witnesses, Within 7 days after receipt of
contractor or representative meet to resolve grievance. written complaint; if not resolved,
go to next Step.
(d) Final hearing on grievance; all parties meet to resolve Within 20 days of filing of
grievance. grievance; if not resolved, go to
next Step.
(e) All documents, procedures, and reports forwarded to Contractor will be notified of the
the Department for appropriate actions according to actions taken by the Department
Department's Grievance and Hearing Policy of 5/20/91. and resolution of the complaint;
decision shall be made within 45
days of filing of grievance.
The Contractor shall provide each participant with a copy of its internal JTPA Participant Complaint
and Hearing Procedures upon enrollment into the program. The Contractor shall maintain on file
a copy signed by the participant, with the second signed copy given to the participant.
V. ADDITIONAL STEPUTIATIONS:
1. Continued funding or modification of this Contract to increase funds will be contingent upon the
availability of Rinds. Also, the County makes no commitment to fund this project beyond the terms
of this Agreement.
2. The County may unilaterally suspend and/or terminate this Contract,if grant funds to the County are
suspended or ternimated, or if the Contractor refuses to accept additional conditions imposed on it
by the Department of Labor, the State STPD, or the County,
In the event of such suspension or termination, the Contractor will be paid, up to the date of
suspension or termination, for any amount which is properly incurred by the Contractor as a result
of performance of this contract.
1 The Contractor shall not incur expenditures prior to the commencement date, and after the
termination of this Contract. In addition, at the expiration of this Agreement, or upon termination
prior to the expiration, funds not obligated or expended shall revert to the County.
4, The Contractor 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 Department's Policy of July 1, 1990
(Rev. 1) regarding Report of Fraud and Abuse.
Rev. 4/96 Page 10
C'111wP6111"o1LERPL1SYErP%
5. 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, which is incorporated herein by
this reference
6 The Contractor shall comply with all provisions contained in JTPA General Provisions, which are
part of the complete Agreement.
7. The Contractor shall be paid, on a cost-reimbursement basis, for allowable expenses under the terms
and conditions of this Agreement. The Contractor shall invoice the County on the tenth (10th)
working day of each month for expenditures actually incurred during the previous month(s).
Additionally, the Contractor must report and submit all final claims for pa=nt within the final
closeout of Contract, which is due thirty (30) days after contract termination.
8. The Contractor shall be responsible for any funds expended on.participants who were found
ineligible for JTPA services, or found in violation of rules, regulations, JTPA grant or contract.
Also, any disbursements made under this Agreement are determined to be a disallowed cost through
monitoring, audit, investigation, or review of records, reimbursement of said amounts will be made
within forty-five (45) days after notification. If said reimbursement is not made within the stated
time, the County may withhold said amount from non-Federal funds that may be due or become due
the Contractor.
Further, 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 if the Contractor fails to
comply with any provisions of this Agreement.
9. Where liability for debt collection is determined to be at the Contractor's level, 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 Policy (Rev. 1) of October 30,
1990, and/or Policy on Audit Review and Resolutions (Rev. 2) of September 16, 1991.
10. The Contractor shall assure that funds provided by this Agreement must be used exclusively for
activities authorized under this Tide Program. Commingling and/or diverting of funds to support
the activities of other programs is NOT authorized. Documentation supporting expenditures should
be made available at all times for audit and monitoring purposes.
For cash management, the Contractor shall not be required to maintain a separate bank account for
this training program, but shall separately maintain an account-for Federal funds (including JTPA)
on deposit in a bank insured by Federal Deposit Insurance Corporation(FDIC).
Il. 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, among others,
the Federal Non-Discrimination Laws, §503 and §504 of the Rehabilitation Act of 1973, the Fair
Labor Standards, System to Handle Equal Employment Opportunities Issues, Complaint and
Grievance, Health and Safety conditions, the Child Labor Laws/Employment of Minors, etc.
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C WP61 801LERPLSYETP96
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,
Program Manager/Director and the Department's monitoring team. The Contractor is also
responsible for developing its own monitoring guide and for documenting visits by its staff.
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 DTPA Directive 95-25
of 12/20/95, the Department's monitoring guide and Policy on Monitoring of DTPA Operators
(Rev.1) dated 12/2191.
13. Participant's File Records: Participant records to be maintained by the Contractor shall include, but
are not limited to, the following: Eligibility Document, Assessment, Individual Strategy Service
(ISS), Orientation, Worksite Agreement, Counseling Notes, Application/Registration, other forms
for Enrollment, Status Change, training information, and schedules that may include Pre-test, Post-
test for Pre-Employment/Remedial Training, Internal Complaint and Grievance Procedures,
timecards, payroll, work permits, medical releases, certification of free meals, and other documents
required by DTPA.
14. The Contractor shall be responsible for the arrangement and procurement of an audit in accordance
with the Single Audit Act of 1984, and agrees that it will provide the County with a copy of its
Annual Audit Report, or JTPA Financial and Compliance Report, whichever applicable.
15. 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.
16. The Contractor shall provide the County (on form provided) a certification stating that their
organization and its principals shall not use funds provided by JTPA in any lobbying activities,
and/or agree to submit Standard Form LLL *Disclosure Form to Report Lobbying' if any funds
other than Federal funds have been paid or will be paid for such activities.
17. The Contractor shall assure and 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.
18. Therefore, prior to the execution of this Agreement, the Contractor shall submit to the Department,
the following documents:
• Cost Allocation Plan
• Copy of Complaint and Grievance Procedures
& Copy of Comprehensive General and Auto Liability Insurance
• Copy of Workers' Compensation Insurance
0 Certification regarding Compliance with the Single Audit Act of 1984
• Certification regarding Disclosure of Lobbying Activities, Debarment/Suspension and
Drug-free Workplace
• Certification regarding Non-Discrimination/Affirmative Action Compliance
19. Program Income: Program income is defined as income received by the Contractor directly
generated by a grant or subgrant supported activities, ore only as a result of the grant or
subgrant.
-Rev. 4196 Page 1
Such income includes income from fees for services performed and from conferences, from the use
or rental of real or personal property acquired with grantisubgrant funds, from sale of property or
sale of commodities, or items fabricated under a grant/subgrant, from revenues earned by
governmental/public or private non-profit agency in excess of the actual costs incurred in providing
the services and from interest earned on advance of grant/subgrant funds, etc.
The Contractor may retain any program income earned only if such income is added to the funds
committed to the JTPA grant and used for JTPA purposes, and under the terms and conditions
applicable to the use of the grant.
The Contractors receiving funds under JTPA shall maintain records sufficient to determine the
amount of income received, and the purpose for which such income is expended.
For more details, the Contractor should consult the Department for other requirements involving
"Program Income and Interest Earned" which are not described in this paragraph.
20. No purchase of fixed assets, or property, or equipment is authorized under the SYETP due to a
limited duration of the program; however, the short-term rent or lease of equipment for use in
support of this training may be authorized.
21. Subcontracts/Subagreements
The Contractor, using another party to provide services under this Contract, shall document such
services with a subcontract. The Contractor shall develop written agreement formats that shall
include, but are not limited to, the following requirements:
1. Compliance with all JTPA regulations
2. Stipulation to hold the County harmless as a result of Subcontracting
3. Training/Retraining and other applicable services to the participants
4. Indemnification and insurance requirements imposed on the Subcontractor
Copies of all executed subagreements must be forwarded to the County within seven(7) days after
their execution. The Contractor acknowledges the requirements and agrees to furnish such
documents as a condition to receiving payment. In addition, the contractor shall also notify the
County of any default, termination, or findings of disallowed costs under these subagreements.
22. Advance Funds
The County, at its discretion, may permit an advance payment, based on anticipated expenditures
and cash flow needs of the Contractor. Funds advanced shall he expended only in direct support
of this contract, and any advance funds received by the Contractor are subject to repayment.
Release of advance ftmds and repayment are executed according to procedural rules adopted by the
County Department of Jobs and Employment Services. The County may require the Contractor to
secure a fidelity bond before any advance funds are released.
Rev. 4/96 Page 13
C WP61 8O1LERPLSYFrP96
VI. COMPENSATION AND BUDGET STATEMENT
The County shall pay to the Contractor an amount not to exceed:
Eictity `hazanJ and 00
Dollars (S 3-1,C00 ) for complete and satisfactory performance of the terms of this Contract. In no
event shall the total payment for the agreement period exceed the compensation set forth above, except as
provided for by an amendment to this Contract.
(Complete the budget below. Indicate if other non-DTPA funding sources are also used to support the
program; if none, leave blank).
Funded from
COST PRINCIPLES JTPA Funded Other Sources TOTAL
A. Administration 3,2CO 3,200
B. Direct Training (wcludmg Parucspm Wages
and Benefits) 6C,80C 60,COC
C. Training-Related/Supportive Services 161000 16,000
D. Total Budget
E. Funds Requested 8C),000
NOTE:
(1) Participant Wages and Benefits: S .57,637 (Must be 50% or more of total budget). Rate of pay
currently applicable is $4.50/hour; number of hours paid must NOT exceed 40 hours per week.
(2) Administrative Costs cannot exceed 5% of the total budget.
(3) Wages and/or other compensations received by participants are treated as taxable income, and are subject
to normal withholding of taxes applicable to similarly-situated employees.
(4) Participants may be compensated or paid wages for both work-based and classroom-based training -
meaning, in combined activities - they do not have to spend more than half of their time on work-based
training in order to receive compensation.
(5) JTPA §143 (a) (5) specifies: "No funds available under the Act maybe used for contribution on behalf of
any participant to retirement systems or plans. "
(6) Department of Labor's Notice#5-91 of 7/23/91 and Rev. 1 of 11/22/91, DOL Letter 27-91 of 6/25/91 and
JTPA Information Bulletin 9-21 of 1/16/92 recommend that, effective 7/1/9 1, FICA (including Medicare)
be deducted on all participant wages if those participants were not members of a retirement system. These
guidelines also state: "Employers who do not make FICA payments run the risk of having to make retroactive
payments. "
(7) Participants' benefits include the Workers' Compensation Insurance and other insurances, if required.
(8) Contract funds can be used to subsidize the Contractor's portion of FICA payment, currently 7.65%,
including Medicare.
Rev. 4/96 Page 14
C'WP6l 80f 46RPLSYETP46
Attachment #I
JOB TITLES AND WORKSITE Contractor:
LOCATION City of Redlands
Agreement Number: A9M3-.5;61
Worksite Location {Street address and Phone Number.
Job Titles Do NOT use P.O. Box
SEE ATTACHMENT SEE ATTACHMENT
TOTAL:
This form should be completed for Work Experience Program only, gist all job titles and worksites developed for
thistrainin2 pr ram. If more spaces are needed, make additional sheetsIf more spaces are needed, make additional sheets.
Rev. 4196 Page 15
C'.WP61\$01LERPL+SYS
rr SYETP96.
f
site ocation dress o Site rte uperv�sor artrc�pant one
Wastewater Treatment Plant Lab 1950 Nevada St Val Housel Betty Mugemancuro 909-798-7506
�r Ben Kennedy
Wastewater Treatment Plant 1950 Nevada St Gerald Schwartz Clif Bedore 909-798-7506
_ ........ _...... _..._ _._. _..._-_. __ _. .........._, . ..._... ._...._.__.__._.__.. __ ___._ __ .__.._-------
Jamie
___-
Jamie Stewart Kimberley Regan
Wastewater Treatment Plant 1950 Nevada St Richard Baca Gabriel Lawson 909-798-7506
Municipal Water Distribution 955 Park Drive Daniel Perez Jose Uribe_.._ __.__. ._._. .._. 909-7502
Adam Villalba
Equipment Maintenance 1270 West Park Ave. Mike Sepulveda Ken Sutton 909-798-7567
3 Danny Wingo
Public Works Dept. 35 Cajon Suite 222 Laurie Johnson Darrel Walton 909-798-7655
Fire Prevention Dept. 35 Cajon Suite 12 Eileen Dirksen Sandra Akers 909-798-7695
Central Stores 1270 West Park John Caviness Mike Herrera 111 909-798-764711-
Police
09-798 7647Police Department 212 Brook side Fran Serrao Sabrina Alvarado 909-798-7681
Sergeant Dalzell Edward Lopez 909-798-7681
Propect Park 1270 West Park Charles Workman Tarike Habte 909-798-7624
k Kahsai Goitom
Hillside Memorial Cemetery 1540 Alessandro Rd. Dan Graves Benny Gonzales 909-798-7569
Erika Martinez
_.
Eyob Goitom
ct Yemane Goitom
'f SYETP Office 35 Cajon Suite 35 Dovie Monroe Carolina Chavez 909-798-7514
Jody Stout
31
Utility Billing 35 Cajon Suite 15A Linda Arnold Alaina Gonzales 909-798-7516
Community Center 111 West Lugonia Erin Snyder lily Ortega 909-798-7547
Sandra Sanchez
_ ..,.._..__. . _...__ .....,_ . __.__.. ..._.__.._ ..__... .....__..__._._�__.__... ._.__.... _ -......_._ ._..__.a_ ...... ............_...
Matthew Lopez
Monica Medina
Angie Gomez
Eyizah Acquaye
Joslyn Center2 21 Grant Street Cheryl Hins Elizabeth Ramirez 909-798-7550
Bobby Morales
F Street Construction Division 1270 West Park__ Butch Estrada lJohn Kim 909-798-7507
A
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Electrical Street Division 1270 West Park Kyle Wilson Kenneth Breslin 909-798-7665
_. _ . _. _. ._-._
Electrical Street Division 1270 West Park Roger Orr Steve Young 909-798-7507
State Street Park 1270 West Park Alvin Kellly Kimberly Hathorn 909-798-7624
Treasurers Office35 Cajon Suite 15 B Peggy McVey Azieb Berhane 949-798-7544
Animal Shelter _.__..... . _ 1274 West Park _.__._._. Fermin Ruiz _.__.._._ _._..-Manuel Varela_ 1909-798-7644 r
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Attachment#2
TARGET GROUP
cn lee it #a�tatio�l loran 1 ed:. ..
Planned Enrollment
Number to be Enrolled 40
School Status
Number of In-School Youth 37
Number of Out-of-School Youth 3
Hard-to-Serve
Number %of Enrollment
Basic skills deficient 14 35 %
Educational attainment that is one or more
grade levels below(in-school youth) or 14 35 %
school dropout(out-of-school youth) 3 7 %
Pregnant or parenting 3 7 %
With disability, including learning disability 3 7 %
Homeless or runaway ,2 5 °/o
Offender 7 17 %
Member of family receiving public assistance 20 50 %
Population Segment Plan
Male 23 57 %
Female t7 41 %
(Total percentage must be equal to 100%)
Age 14 - 15 9 22 °fo
Age 16 21 _ '11 %
(Total percentage must be equal to 104%)
White 8 20 %
Black 12 30 %
Hispanic 18 45 oda
American Indian/Alaskan 0 0 %
Asian/Pacific Islander _ _ _%
Other 0oto
Notal percentage must be Nual to 1 Wlo)
Residency
Central Valley and Mountain areas 40 100 %
West Valley areas 0 %
High Desert areas ----� %
East Valley and Low Desert areas 0 0 %
(Total percentage must be equal to 1000/*)
Population Segment means: A group within the local population whose characteristics cause individuals within them to experience unusual
difficulty in obtaining employnsent.
Any deviation from the Population segment Plan proposed by the Contractor would require a Justification. Further,the Contractor
recognizes that the County may not contract for the future with any organisation which is in soon-compliance with the Plan,or it has been
determined that the Contractor has substantially violated the Plan.
4+etwordleii�,dcae
Page 16
Attachment#3
JTPA GENERAL PROVISIONS-
1. Amendment and Waivers
A. Funding of this Contract 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 Contract is subject to amendment, as necessary, in accordance with requirements contained in
any future Federal or State legislation, regulations, or policy; amendment must be in writing and
property executed by both parties.
B. Waivers of any provisions of this contract must be in writing and signed by the authorized personnel,
and no waiver of any provision of these terms and conditions shall be deemed, for any purpose, to be
a waiver of any other provisions, or to be a continuing or subsequent waiver of the same provision.
2. Auditing Requirements
A. The Contractor shall establish such internal control structure and fund accounting procedures as
required by JTPA and State and Federal or local regulations or as may be deemed necessary to assure
the proper disbursement of, and accounting for, funds paid to the Contractor under JTPA.
B. The County,the U.S. Department of Labor, and the State of California, shall have the right to monitor,
and/or evaluate all conditions and activities and to investigate and audit all records, books, papers, or
documents related to the conduct of programs funded by the County.
C. The Contractor shall maintain and make available to the auditorstmonitors adequate records, cooperate
with all auditors/monitors, comply with all Federal regulations, State, and local taws that are cited in
JTPA laws as they relate to the utilization of funds or operation of programs.
D. The County will be notified by the auditors/monitors performing audits of any incidents of fraud, misuse
of funds, abuse, or other criminal activity in relation to this Contract the Act or Regulations.
E. Governmentai/Non-governmental agencies shall be responsible for the procurement of an audit under
the provisions of OMS Circulars A-128 or A-133(or any other OMB circular that becomes legislation)
in accordance with the Single Audit Act of 1984. OMB Circular A-128 refers to "Audit of State and Local
Governments,"Circular A-133 establishes "Audit of Institutions of Higher Education and other Non-
Profit Organizations.-
Commercial/Private for-Profit Organizations must have an audit which could be either an independent
financial and compliance audit of JTPA funds,or an organization-wide audit that includes coverage of
JTPA funds within its scope. The audit is usually performed annually, but not less frequently than every
two(2)years.
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 responsibility may
include, but not be limited to, providing the County with a copy of the Annual Audit Report Compliance
with the Single audit Act of 1984 shall be executed according to the Departments policy of 9/16/91
(Rev. 2).
Further, the Contractor acknowledges that the County of San Bernardino may not contract with any
organization which is not in compliance with these requirements and/or payment to the Contractor may
be withheld by the County if the Contractor fails to comply with the request.
Mek, 4 9 6 Page 17
C�WP61,801LERPUSYETP%
3. Compliance with Laws and Regulations
The Contractor warrants and certifies that, in the performance of this Contract, it shall comply with all applicable
laws, rules, and regulations of the United States, the State of California, and the County of San Bernardino.
The Contractor further warrants and certifies that it shall comply with any new or amended, or revised laws,
regulations, and/or procedures that apply to the performance of this Contract.
Examples of applicable laws, rules, or regulations include, but are not limited to, the following:
A. The Job Training Partnership Act (JTPA) Public Law 97-300 of 1982, all regulations and any new
legislation, regulation, or policy, which may replace or amend JTPA.
B. The terms and conditions of this Contract and all applicable Federal. State, and local laws, regulations,
and policies, and amendments thereto.
C. Any provisions made by the County that were imposed upon the County by the state of California with
respect to grant application for funds under JTPA.
D. County of San Bernardino JTPA policies as set forth in the Request for Proposal for JTPA job training
programs.
E. County of San Bernardino administrative procedures and technical assistance released in the form of
field memorandums and policy manuals.
F. Copeland Act(Anti-Kickback)and Hobbs Act(Anti-Corruption)
G. Davis-Bacon Act of 1931 and Fair Labor Standard Act of 1938 (where applicable).
H. Hatch Act of 1939, as amended, October 1993; and California Political Reform Act of 1974.
1. Equal Pay Act of 1963 (where applicable).
J Title VI and Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunity
Act of 1972; and Executive Order 11246 of 1965(Affirmative Action Obligations)
K. Age Discrimination Act of 1975, and Age Discrimination in Employment Act(where applicable).
L. Military Selective Service Act, Section 3(if applicable)
M. Rehabilitation Act of 1973, and American Disabilities Act of 1990(where applicable).
N. Title IX of the Education Amendment of 1972 (Non-Discrimination on the basis of Sex)
O. Single Audit Act of 1984
P. Immigration Reform and Control Act of 1986 (where applicable)
0, Occupational Safety and Health Art of 1970(standard on health and safety)
R. Executive Order 12549(Debarment, Suspension, and Exclusion)
S. Child Labor Laws in California, Child Labor Standard Act, Family and Medical Leave Act of 1993,
Assembly Bill 1900 of January 1995: Employment of Minors(where applicable)
T. Drug-Free Workplace Act of 1988
U. Ant-lobbying and Disclosure of Lobbying Activities.
Im 4/96 Page 18
C WP6hBOILERPLISYET?%
4. Non-Discrimination and Affirmative Action Compliance
No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under,
or denied employment in the administration of, or in connection with any such program because of race, color,
religion, sex, national origin, age, disability, or political affiliation or belief. Such action shall include, but not be
limited to, the following: employment, promotion, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation and selection of training.
The Contractor also agrees to comply with the provisions of the Affirmative Action Compliance Program of the
County of San Bernardino and rules and regulations 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 MANBE Policy 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 AGENCY of the County of San Bernardino
at(909) 386-8689.
The County of San Bernardino has a goal of 15%Minority Business Enterprise(MBE)and 5%Women Business
Enterprise(WBE) participation for all contracts and subcontracts.
5. General Requirements
A. 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 JTPA.
B. No funds may be provided under this Contract for any subsidized employment with any private-for-profit
employer, unless the person employed is a youth, 16 to 21 years of age, who is economically
disadvantaged and the employment is provided in accordance with §264(C) (1), Subparagraphs (F)
and (H)of the Act.
C. All education programs for youth supported with funds provided under Title 11 shall be consistent with
applicable State and local educational standards. In addition, the standards and procedures with
respect to the awarding of academic credit and certifying educational attainment in programs under
Title 11 shall be consistent with the requirements of applicable State and local law and regulation.
0. No funds under JTPA shall be used for Employment Generating, Economic Development activities,
investment in revolving loan funds, capitalization of businesses, investment in contract bidding
resources centers and similar activities. Additionally, no funds under Title 11 and Title III shall be used
for foreign travel.
E. No funds available under Tide 11 (Part A, B, and C)may be used for Public Service Employment(PSE).
6. Indemnification
The Contractor agrees to indemnify, defend and hold harmless the County, the Private Industry Council, and
its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages
andlor liability arising from Contractor's acts, errors or omissions, and for any costs or expenses incurred by
the County and the Private Industry Council on account of any claim therefore, except where such
indemnification is prohibited by law.
Rev, 4i96 Page 19
C WP61,.R0tLERPLSYETP%
7. Insurance Requirements
Without, in any way affecting the indemnity herein provided, and in addition thereto, the contractor shall secure
and maintain throughout the contract the following types of insurance with limits as shown:
A. Workers'Compensation -A program of Workers' Compensation insurance or a State-approved Self-
Insurance Program in an amount or form to meet all applicable requirements of the Labor Code of the
state of California, including Employees Liability with $250,000 limits, covering all persons providing
services on behalf of the Contractor and all risks to such persons under this Agreement.
S. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual
coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall
have combined single limits for bodily injury and property damage of not less than one million dollars
($1,000,000).
C. Errors and Omission Liability Insurance - Combined single limits of$1,000,000 for bodily injury and
property damage and $3,000,000 in the aggregate or
D. Professional Liability - Professional liability insurance with limits of at least$1,000,000 per claim or
occurrence.
E, Additional Named Insured-All policies,except for Workers'Compensation, Errors and Omissions and
Professional Liability policies shall contain additional endorsements naming the County and its officers,
employees, agents and volunteers as additional named insureds with respect to liabilities arising out
of the performance of services hereunder.
F Waiver of Subrogation Rights-Except for the Errors and Omissions Liability and Professional Liability,
Contractor shall require the carriers of the above-required coverages to waive all rights of subrogation
against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
G. Policies Primary and Non-Contributory - all policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the County.
H. Proof of Coverage - Contractor shall immediately furnish certificates of insurance to the County
Department administering the contract evidencing the insurance coverage, including endorsements,
above required prior to the commencement of performance of services hereunder, which certificates
shall provide that such insurance shall not be terminated or expire without thirty(30)days'written notice
to the Department and Contractor shall maintain such insurance from the time Contractor commences
perbirmante of services hereunder until the completion of such services. Within sixty (60)days of the
commencement of this Agreement, the Contractor shall furnish certified copies of the policies and all
endorsements.
1. insurance Review-The above insurance requirements are subject to periodic review by the County.
The County's Risk Manager is authorized, but not required, to reduce or waive any of the above
insurance requirements whenever the Risk Manager 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 Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance
coverage or coverage limits become reasonably priced or available,the Risk Manager is authorized,
but not required,to change the above insurance requirements to require additional types of insurance
coverage or higher coverage limits, provided that any such change is reasonable in fight of past claims
against the county, inflation, or any other item reasonably related to the County's risk.
Any such reduction or waiver for the entire term of the Agreement and any change requiting additional
types of insurance coverage or higher coverage limits must be made by amendment to this Agreement.
Contractor agrees to execute any such amendment within thirty (30)days of receipt.
ktv. 4/96 Page 20
C%WP6h801LER.PL1SYErP96
J. Professional services contracts in excess of$1,000,000 shall be independently reviewed by the Risk
Manager and the County Counsel,
8. Fidelity Bond
The County may require that the Contractor secure a fidelity bond against any losses of money and other
property caused by any fraudulent or dishonest act committed by any employee,board member,officer, partner,
shareholder and/or trainee. The bond shall be limited to this Contract and shall name the County as loss payee
or additional insured for the purpose of reimbursement of any loss sustained by the action of the Contractor in
the performance of this Contract,
9. Labor Standards
A. The Contractor shall comply with the Labor Code of California, the Child Labor Laws in California, the
Child Labor Standard Act, Assembly Bill 1900: Employment of Minors, and all other applicable
regulations with respect to employment, wages, hours of labor, and industrial safety (if applicable),
8. Conditions of employment or training shall be appropriate and reasonable in light of such factors as the
type of work, geographical region, and proficiency of the participant.
C. 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 Contract 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.
D. No program under the Act shall impair (1) existing contracts for services; or (2) existing collective
bargaining Contracts, unless the employer and the labor organization concur, in writing, with respect
to any elements of the proposed activities which affect such Contract.
E. No participant shall be employed or job opening filled(1)when any other individual is on layoff from the
same or any substantially-equivalent job,or(2)when the employer has terminated the employment of
any regular employee or otherwise reduced its workforce with the intention of filling the vacancy created
by hiring a participant whose wages are subsidized under the Act.
10. Maintenance,of Effort
A. The Contract will not result in the displacement of currently employed workers (including partial
displacement,such as reduction in the hours of non-overtime work,wages, or employment benefits).
B 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.
11. Non-Duplication of S*rvico
A. Funds provided under this Contract 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 Contract shall not be used to duplicate facilities 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.
Rev. 4/96 Page 21
C,kWP61tROILF"LISYE-rP96
12. Payment of Benefits (where applicable)
A. When applicable, individuals employed in activities authorized under this Contract shall be paid wages
which shall not be less than the highest: (a) the minimum wage under 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 occupations by the same employer,
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 Contract may be used for contribution on behalf of any participant to
retirement systems or plans-
13. Permits and Licenses
The Contractor shall obtain all permits and licenses necessary to the performance of this Contract. The
Contractor shall pay all normal fees for permits, licenses, inspections, or any other certification or service
required in the performance of this Contract. The County is not permitted to waive any fees for services, except
as otherwise required by laws.
14. Prohibition of Activities
A. The Contractor will assure that no funds under this Contact shag be used to assist promote, or deter
union organizing activities.
B. Sectarian Activities-The Contractor certifies that this agreement does not provide for the advancement
or aid to any religious sect church or creed, or sectarian purpose, nor does it help to support or sustain
any school, college, university, hospital or other institution controlled by any religious creed, church,
or sectarian denomination whatever,as specified by Article XVI, Section 5 of the Constitution, regarding
separation of church and state.
C. No funds provided under this Act shall be used or proposed for use to encourage or induce the
relocation of an establishment or part thereof, that results in a loss of employment for any employee
of such establishment at the original location,
D. None of the funds, materials, property, or services provided directly or indirectly under this Contract
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.
E. The Contractor is prohibited from using funds under this Contract for the purpose of instituting legal
proceedings or legal dispute against the County or its official representatives.
is. Standard of Conduct
The Contractor hereby assures that in administering this Contract, it will comply with the Standard of Conduct
set out herein, for maintaining the integrity of the project and avoiding any conflict of interest, favoritism,
nepotism,and any situation which may give rise to a suggestion that any decision was influenced by prejudice.
bias, special interest, or personal gain.
Rev, 4/96 Page 22
C'WP611AOILERPUSYETP96
A. Conflict of Interest
1 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.
• A member of such person's immediate family or partner, or organization has a
financial interest in the Subcontract; and
• The Subcontractor is someone with whom such person has negotiated or is
negotiating any prospective employment.
2. The Contractor assures that it will establish safeguards to prohibit employees from using
position for a purpose that 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.
3. The Contractor shall not subcontract with a former director,officer,or employee within a 2-year
period following the termination of the relationship between said person and the Contractor.
4. Conducting Business Involving Relatives-No relative by blood, adoption or marriage of any
executive or employee of the Contractor,will receive favorable treatment when considered for
enrollment in programs provided by, or employment with, the Contractor.
5. Conducting Business Involving Close Personal Friends and Associates - 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 give rise to an assertion that favorable
treatment is being granted to friends and associates.
6. Further, the Contractor assures that no member of its Board, officer, or employee or the
Contractor shall have any interest, direct or indirect, in any contract or subcontract or the
proceeds for work to be performed in connection with this project during hisMer tenure as such
employee, officer, or member of the Board.
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 Contract
8. This agreement contains the entire agreement of the parties and supersedes all negotiations.
verbal or otherwise,and any other agreement between the parties hereto. This agreement is
not intended to and will not be construed to create the relationship of agent,servant, employee,
partnership,joint venture or association between the County and the Contractor.
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. The Contractor may not hire a person in an any capacity, staff position, or Work
Experience/On-the-Job training position with funds provided by this Contract if a member of
that person's immediate family is engaged in a direct administrative capacity upon such
person.
Rev. 4/96 Page 23
C,',WP6h8O1LERPL1,SYETP%
NOTE: A person in Administrative capacity is a person who either has an
overall administrative responsibility for a program, or has
responsibility for the administration, supervision, hiring, or fiscal
responsibility of the Contractor's program.
For more details, the Contractor should consult the Department for all other matters involving"Conflict
of Interest. Nepotism, Code of Conduct"which are not described in this paragraph.
16. Report on Inventions, Patents and Copyrights
If any project produces patentable items, patent rights, discovery or inventions in the course of work under a
Federal grant or agreement, the Contractor shall report the fact promptly and fully to the County.
The County, or the State, or the DOL's representative shall determine how the rights on the invention or
discovery,including licensing, reproduction, publishing, utilization, royalty will be administered in order to protect
the public interest consistent with the government policy.
For more details, the Contractor should consult the Department for other possible requirements involving
"Invention, Patents and Copyrights"which are not described in this paragraph.
t(tv, 4/96 Page 24
C%WP61kBOILERPUSYETP96
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