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HomeMy WebLinkAboutContracts & Agreements_35-1991_CCv0001.pdf COUNTY OF SAN BERNARDINO fi COUNTY FILE NUMBER AGREEMENT E 91-901 SIGNATURE SHEET fi JTPA AGREEMENT NUMBER A9029-11 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 U.S. Congress and the regula- tions promulgated thereunder. The Subrecipient agrees to abide by and adhere to all provisions of this agreement as in- corporated 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: $374522 fi fifi INITIAL FUNDING fi fi PROJECT NAME: SLHJER YOUrH EMLOVENT PROGEM INCREASE FUNDING (SYEP) fifi DECREASE FUNDING PERIOD OF AGREEMENT: fi 5/13/91 9 30J91 SUBRECIPIENT'S REQUEST OTHER (SPECIFY) fi BEGINNING DATE ENDING DATE fi SDA: C unty of San Berdino ICONTRACTOF UBiw IPIENT (APPROVED Or, B B By-, Date Date SEP 0 9 19�`te fi fifi fi Name: Paul Y Name: LARRY WALKER fi Name Steve Chan ITitle: Deputy County Counsel Title: Chairman of the Board (Title: Finance Director of Supervisors I I ;#jPf fill PM -M L, Y OF TWS U All", Of 11+10'i'311'1_;'�I�' Ile u'A Y- z X Bq, TABLE OF CONTENTS Page No. 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: Contract Data Requirements List Attachment 3: Participant Significant Segment Plan Attachment 4: Program Worksite Summary Attachment 5: JTPA Assurances and Certifications Page 2 AGREEMENT SUMMARY FUNDED AGENCY SUPERVISORY DISTRICT AREAS SERVED (represent areas of participant residence) C:it�4 of Rtnd1;qn(j_q Name A-1 A-2 X A-3 P.O. Box 3005 A-4 A-5 Street Redlands, CA 92373 City Zip LENGTH OF FINANCIAL AGREEMENT Steve Chan 799-2840 (Allowable period under which costs may be incurred.) Director Telephone From 5/13/91 _ To2/30/91 Kathie Flemington 798-2513 Contact Person Telephone Program Activity (Check items that are applicable) A - Assessment / / H - Entry Employment Q - School to Work C - Customized Training Full/Part-time Transition D - Classroom Training- / / I - Intake and Outreach / / R - Relocation Assistance Occupational Skills / / J - On-the-Job Training (Title III) E - Education for Em- K - Job Placement/Job Search / / S - Supportive Services ployment I I L - Limited Work Experi- / / T - Tryout Employment F - Classroom Training- ence (50% of Expendi- / / U - Cooperative Education Remedial tures) /X/ V - Unlimited Work Ex- G - Employment Generating N - Needs Based Payments perience (100% of Activities f f 0 - Others Experiences) P - Pre-Employment Skills W - Limited Work Ex- perience (50% of Expenditures) BUDGET COST CATEGORIES PLANNED PROGRAM DIMENSIONS PARTICIPANT WAGES $ 24,975 Adult Youth Total PART. FRINGE BENEFITS $ 3,938 Total Enrollments N/A 27 27 TRAINING $ 579 Enter Employment N/A N/A N/A- II OTHER PART. SUPPORT $ 6,904 Completion of Training N/A 27 27 1,126 -0- -0- ADMINISTRATION $ other Terminations NZA, (Negative) TOTAL $37,522 Total Terms NIA, 27 27 Page 3 C; I , Lorrie Poyzer, City Clerk of the City of Redlands, California, do hereby certify under penalty of perjury that the following is a true and correct excerpt from the minutes of the City Council meeting held August 20, 1991: "Councilmember Cunningham moved to add the following item to the agenda which arose subsequent to the agenda being posted: Acceptance and expenditure of grant funding for the Summer Youth Employment Training Program. Motion seconded by Councilmember Milson and carried by AYE votes of all present. "On motion of Councilmember Larson, seconded by Councilmember Milson, Council authorized by AYE votes of all present the Community Services Department, Recreation Division, to accept and spend the $37 ,522.00 from the San Bernardino County Career Training and Development Department to provide the Summer Youth Employment Training Program (SYETP) and authorized execution of an agreement with the County of San Bernardino to provide for the operation of said program. " WITNESS my hand and official seal of the City of Redlands this 20th day of August, 1991. City Ciek 777- City of. Redlandg(,-talifornia P.C. BOX 3005 REDLANDS, CA 92373 CERTIFICATION SHEET A. Chief Officials/Officers of the Board of Directors (List Names and Titles ) 1. Charles DeMir- ;M, Mayor 2 . Carole Beswick, Mayor Pro-Ter 3. Swen Larson, Council Member 4 . William Cunningham, Council Mernber 5 . Dee Ann Milson, Council Member B. Chief Fiscal Officer, Bookkeeper or Accountant: Name: Steve Chapman Address: 30 Cajon St. , Redlands, CA Telephone: 799-2840 C. Date this organization Began Operation: Month 12 Day 03 Year 1888 D. State Identification Number: 800-9833-8 Federal Tax Numbers 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 (Organization) is legally authorized by its governing body to on or into this agreement and related transactions on its behalf. Attach a copy of the minutes of the Si ,;�(ao 06rt ' 4"'ng Individual* Governing Board of your organization, V specifying authorization to enter in- Charles G. DeMirjy�,. Mayor to this agroeownt. Typed Name & Title P.O. Box 3005 BgQg;,-,ds. �Z, 92 Address (714) 798-2513 Telephone These two individuals are different persons ATTEST: - I - CCher 4Z aL-L) I t'j7-�C: 1 je§r�� Page 4 PROGRAM NARRATIVE DESCRIPTION L GENERAL Briefly describe the program to be provided. This description should summarize the program in terms which would enable a layman to understand what the program will do and how it will be done. Include a very brief description of the overall goals of the program, including any secondary results or benefits expected to be derived from the program (such as community improvement, improved delivery of service, etc.). 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 DTPA 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 instrument to be used during the program for reading and math assessment will be the State-recognized CASAS 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. Student will be post-tested using the same instrument. One hour of classwork will be administered during 5 hour period. DTPA youths will have an opportunity to earn money while experiencing a useful work experience. Participants are encouraged to continue school after completion of the program. An additional goal is to develop useful work behavior traits on the part of the participants through proper supervision at the worksites. Participants will be trained and employed in a variety of occupations, i.e. maintenance, recreation and custodial. The City of Redlands plans to enroll twenty-seven (27) DTPA eligible individuals into the program and the training will be conducted by the worksite supervisors. Eleven (11) weeks average of work experience is programmed for each participant who will be receiving the minimum wage of$4.25 and hour for the actual number of hours of training. School administered and approved proficiency exams will be accepted as verification 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 3 and the Program Worksite Summary, Attachment 4. PROGRAM NARRATIVE DESCRIpTTOt4 ADDIIJONA For items not described on Page 5, provide a detailed description of the service to be delivered through this agreement; Include specific results, time tables, and/or 0 other specific details which will constitute a "Statement of Work" for the program to be provided. Schedule of Activities: 5/13 1991 9/30 1991 : Program planning and worksite assignment-, Hiring of staff; Job slots development Pre-Testing, Assessment and Job Skills Identification Orientation to participants and worksite Supervisors 6/24 1991 9/2 1991: 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 9/3 1991 9/30 1991: 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 SYETP prior to the opening day for the fall semester. This definition does not apply to the Out-of-School youth; however, out-of-School youth must be terminated from the program on or before the terminating data of the contract. Worksites, to be selected shall be public employers or private non-profit agencies designed to enhance employability of participants be developing good work habits and basic work skills. 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 under the direction of the Program Coordinator. Press releases were distributed to appropriate agencies. 2. ASSESSMENT: Applications are screened by Program Coordinator and the Recreation Supervisor for ability, aptitude and interest, every student will be assessed for achievement by the certified instructor teaching the remedial classes. 3. 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 (El form), Completion/Termination (E2 form). The SDA/Intake shall execute(sign) the enrollment forms (El). 4. 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 handbook or any similar materials will be distributed to all persons involved, using the SDA's sample guide. 5. COUNSELING: The Program Coordinator will provide counseling to participants on an individual or group basis. 6. TRAINING: The Program Coordinator will assist participants to develop satisfactory job skills, worksite supervisor well train participants and develop safety for each activity. 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 justified by the participant to the Contractor. Page 7 PROGRAM NARRATIVE DESCRIPTION 8. JOB DEVELOPMENT: (For Unsubsidized Employment) N/A 9. FOLLOW-UP ON PLACED PARTICIPANTS• N/A 10. POST TERMINATION: N/A Ill. PROGRAM POLICIESIPROCEDURES: 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 the goal(s). Describe the way in which the requirement shall be met for this program. An EDP will be developed by SYETP staff for participants and use it as a practical means of managing participant procedures. 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 Section 143(a)(3) of the Federal Regulation, Paragraph 10(A), Attachment 5 of the contract, Workmen's Compensation must be provided for SYETP parficipants. 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 SYETP contract, indicated in the Budget Statement, Section A of Page 12. Certificate of insurance is on file at the Contractor's Office, with copy sent to the Department. 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. Include job titles of staff responsible for monitoring and expenditure levels for the program. The SYETP 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 on an accrual basis, describe the system of internal controls designed to prevent fraud and embezzlement. - Proper controls will be implemented to insure the accountability of all checks written on this contract. - Request for reimbursement will be developed once per month to reflect actual expenditures for the previous month. - Internal controls to prevent fraud and embezzlement 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 of Career Training within ten (10) days of their execution. Worksites with a history of summer youth activities should be re-evaluated, using their past performances as a guide. Contractor is responsible to conduct pre-monitoring and evaluation of new worksites based on the nature of the training provided and the career interest of the participants. The SDA reserved 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 copy forwarded to the worksite and to the Department of Career Training and Development Department within ten(10) days of their execution. Page 4 PROGRAM NARRATIVE DESCRIPTION 7, Indicate whether or not the program will generate or assist in generating any gross or net revenue or income for organization in any manner. If so, describe in detail including method, estimated amount, and source, and comply with Paragraph 17 on Page 8 of Attachment 5. If no revenue or income is generated, state NONE. No gross or net revenue will be generated as a result of this contract. 8. Explain in detail, any participant selection criteria to be used other than DTPA eligibility. Describe any special tests, scores required for entry, any age criteria required, regular school attendance record, any required educational levels, ore any other restrictions on participation. (If none are listed, it is understood that no eligible applicant may be rejected by this program. Participant must reside within Redlands city limits. 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. DO NOT ATTACH the County of San Bernardino POLICIES OR FORMS. The Department should be shown as the final step in the procedure for unresolved grievances. Procedures must meet the criteria addressed in Public Law 97-300 October 13, 1982, Section 144, (a), (b). Below is the guide to assist in developing an internal "Participant Complaint and Grievance Procedures". (a) Complaint/grievance identified verbally Same day or within 24 hours and discussed by participants with Program maximum. If not resolved, Coordinator: Worksite Supervisor go to Step 2. (b) Complaint/grievance identified in Same day or within 2 writing and discussed with City Recreation working day maximum. If not Supervisor resolved, go to Step 3. (c) Participant, witness (if any), Worksite Same day of Contractor's Supervisor, Program Coordinator Contractor or receipt of form or within 2 his/her Representative meet to resolve grievance. working days maximum; if not resolved, go to Step 4. (d) If not resolved, all documents, procedures, Contractor will be notified reports forwarded to the Department for of the actions taken by the appropriate actions according to the Complaint/ Department and resolution of Grievance procedures. the complaint. Contractor shall provide each participant with a copy of its internal JTPA Participant Complaint and Hearing Procedures upon enroilment into the program. Contractor shall be responsible for documenting in writing that each participant receives a copy of such document. Page 10 PROGRAM NARRATIVE DESCRIPTION 10. Attach a copy of the Affirmative Action Plan for staff and participants under this agreement. DO NOT ATTACH the County of San Bernardino AFFIRMATIVE ACTION PLAN. A policy statement WILL NOT SUFFICE. The — City of Redlands Affirmative Action Policy or E.O.E. Statement is on file with the County of San Bernardino. IV. ADQIJIONAL STIMATIONS: 1. Continued funding or modification under this contract will be contingent upon the availability of funds. 2. City ofRedlandsassures 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, 3. No equipment is authorized under this contract due to a limited duration of the program. 4. The Contractor shall operate a County of San Bernardino JTP* Program In accordance with the contract policy as approved by the Private Industry Council and the San Bernardino County Board of Supervisors; and as sot forth in the County JTPA Request for Proposal (RF?) , issued March 26, 1991, which is incorporated herein by this reference. 1 5. The following reports must be submitted to the Department of Career Training by the tenth working day, which include: a. Request for Reimbursement for actual expenditures through the end of the previous month which serves as a tool to evaluate the program performance against the available monies (Attachment 2) . b. Client and fiscal data, and other reports (if applicable) described in the Contract Data Requirements List, Attachment 2. 6. 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 file* at the Contractor's office. 7, The Contractor must report and submit all final claims fgX_2A33Lj= within the closeout of contract which is duo 30 days after contract termination. Invoices not received within or before that date will be processed and paid directly by the State or the Department of Labor, which the Contractor horebY acknowledges and accepts delayed payment. 8. The Contractor shall develop and maintain adequate controls, personnel records, standards, and *valuation procedures as may be necessary to promote an effective program responsive to the spirit and intent of the Job Training Partnership Act. Page 11 PROGRAM NARRATIVE DESCRIPTION IV, ADDITIONAL STIZULATIOS: 9. This is Title IIB SPEP program during the school vacation period. To be eligible to participate, applicants must meet the eligibility requirements listed in DTPA Part 3, Section 251 (a) (b) (c) . 10, Prior to the execution of this Contract, City of Redlands shall submit to the SDA 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 E.O.E. Statement Copy of Liability Insurance Certificate (Ref: Paragraph 10(D) of Attachment 5) Copy of Workmen's Compensation Certificate 11. The Contractor shall not incur expenditures provided under this contract prior to the commencement date and after the termination of this contract, 12, The Contractor shall comply with provisions contained in Attachment 5 of the Contract, herein referred to as the DTPA Assurances and Certifications. 13. The Contractor shall be paid, on a cost reimbursement basis , for all expenses authorized under the terms and conditions of this Agreement. The Contractor shall invoice the County on the tenth (10th) working day of each month, using the cost reimbursement form to be provided by the County- 14. The County has the authority to withhold funds under this Agreement pending a final determination by the County of questioned expenditures or indebted- ness to the County arising from past or present agreements between the County and 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 5, 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. 16. The Contractor shall provide the County 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 (form will be provided) . Page Ila PROGRAM NARRA?jvZ DZSCRIPTION 17, 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' Em- ployability Development Plan (EDP) , MIS forms for Enrollment/Termination/ton/ Placement, Training Information and Schedules that may include Pre-Test, Post-Test for Remedial training, signed copy of Internal Complaint and Grievance Procedures, time cards, payroll, work permit, Medical release etc. 18. The Contractor shall assure that programs and activities funded under this contract are conducted in compliance with laws and regulations listed in Paragraph 4 and 11 of Attachment 5, including the Federal Non-Discrimination Laws, Sections 503 and 504 of the Rehabilitation Act of 1973, the Labor Code of California and the California Child Labor Laws. 19. The Contractor shall assure that funds provided by this Agreement must be used exclusively for activities authorized under this Title IIB-SYEP pro- gram. Commingling and/or diverting of funds to support the activities of other programs is not authorized. Documentation supporting the expenditures should be kept in file at the Contractor's office and made available at all times for audit and monitoring purposes. 20. The County reserves the right to monitor and visit, announced or unannounced, the Contractor's program including visit to all locations offices and training sites at any tine during normal business hours.locations, 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 becone part of the contract requirements. ii Page llb V. BUDGET STATEMENT SECTION A - Participant Support Costs TOTAL 1. Participant Wages 20 slots x $ 4.23 hr x 26,5 hrs/wk x 11 wks = 24,975 slots x S hr x hrs/wk x wks = slots x S 1 hr x hrs/wk x wks = TOTAL PARTICIPANT WAGES 2 . Participant fringe benefits Employer' s cost of: FICA 7.65 -% x 24,975 1910 WC 4.72 % x 24,975 = 1179 Other (Specify) U1 3.4 x 24,975 = 849 x TOTAL PARTICIPANT FRINGE BENEFITS TOTAL PARTICIPANT COSTS: (Total 1 and 2 ) 28,913 pAnp I ? SECTION I - STAFF c0n Kam/ Salasy/ % of No. Remedial Put, Title Me" riMW WOOks min. Trainino l g T= Coordinator 323.75 100 i6 - -art total 4680 -5:80_ C�erical ($i2. �7 �s) 3% 2 2020= Clerical ($8.08ihr) — — '—"' 10--d—_ 6_ 24__2___ 242_ Notes Th* law requires a separate tracking of funds and co-mingling of fundi will not take place. !or Staff Salaries and other expenses that are supported by more than one project fund, contractor must develop a Cost allocation Plan for those char es k4*2 it on ile and make available aL all time for audit and monitorin ; i SQBIMAL it son ;127 M1976cle C20 69 its. Benefit tats Tbtal Sa1�siM FTrA4Mmi,e-Ara 7.65 5627 _ WC 4.72 5627 UI 3.4 5627 A.iq �Txlm 15.77 J-78-1 887 TO'!u STAR COGT! 579 5935 6514 Page I .._ . 1. Travel Costs 1,A Mileage R' M Y /W. k " 110 1 1.3 ■ Other - " • . : .TAL TRAVEL -Zaulcipant Sutmortive Child 1 2.9 • •{ MsdicAl. i r Transportation SUPPORTIVESUBTOTAL SERVICES 1. • •n { T itemized 2. Suimlies •w •• 3 . Re.2roduction 150 150 4. EguiRment Repair/Maintenance Utilitiess 7. Telephone 8. postAge 9. Bonding and Insurance M ; . • Outreach 111, Other Expenses • description) - Costs 969 969 ITOTAL OTHER PROGIM COSTS AWN-♦ ITRAINING OR ITOTAL ti/ • �y • r • Occupational Title Summary Contractor: City of Redlands Agreement No. A9029-11 P.O. Box 3005Redlands, CA 92373 NUMBER DTPA Wage Duration Occupational Title Of Jobs Rate of Employment (A) (B) (C) (D) Recreation Aide 19 4.25 11 weeks Maintenance 1 4.25 11 Weeks TOTAL 20 This form should be completed for Work Experience Program only. List all occupational titles in column A, and complete columns 8 through D. Attachment 2 CONTRACT DATA REQUIREMENTS LIST FOR SYETP Date of Submission Frequency Document Sent To Documents listed on Prior to contract Once SDA/Contract Page IIa, Paragraph 10 execution Registration Prior to Enrollment Once SDA/Intake Invoice; Request for 10th Day of Month Monthly SDA/Fiscal Reimbursement MIS E series Forms Upon Enrollment/ When Applicable SDA/Intake (El, E2 and E3) Termination Worksite Agreement Prior to Enrollment Once SDA/Monitor Attendance Records and Upon Request Upon Request N/A Payment Records Subcontract; Contract Mod. When Applicable When Applicable SDA/Contract Closeout of Contract Year-End Once SDA/Fiscal Average Daily Attendance When Applicable Upon Request SDA/Fiscal Report (ADA) Supportive Services When Applicable Upon Request SDA/Fiscal (Child Care, Transportation Medical) Program Income, Revenues, When Applicable When Applicable SDA/Contract Interest Earned and Fiscal Disregard items that do not apply. SIGNIFICANT SEGMENT PLAN CONTRACT A9029-11 CONTRACTOR Ci"'fi= of Rp-d I ands NUMBER "WIFICATION The Contractor agrees to enroll participants to extent possible in the following proportions ( Youth Only) PARTICIPANT CHARACTERISTICS Contractor's SDA Percentage Percentage Goal To Be Served Male 48 50 Female 52 50 14 15 Years Old 20 25% Sum of 16 17 Years Old 27 50% Percentage 18 21 Years Old 53 25% ust Equal 22 54 Years Old 0 0 100% 55 and over 0 0 White (Non Hispanic) 54 25 Black (Non Hispanic) 12 25 Hispanic 30 50 American Indian or Alaskan Native 1 0 Asian or Pacific Islander 3 0 School Dropout 30 10 Veterans Vietnam Era Vets AFDC Work/WIN Registrant Welfare Recipient 36 95 Handicapped 4 25 Attachment 4 PROGRAM WORKSITE SUMMARY Contractor: City of Redlands 525 N. University Redlands, CA 92374 Agreement No. A9029-11 Number Street Address Worksite Cif Jobs (Do not use P. O. Box) (A) (B) (C) Redlands Community Center 3 111 W. Lugonia Recreation Office 4 525 N. University Grafton Elementary 1 311 N. Wabash Smiley Elementary 1 1210 W. Cypress Sylvan Park 1 University & Colton Kimberly Elementary 1 301 W. South Avenue Lugonia Elementary 2 202 Pennsylvania Ave. McKinley Elementary 1 645 W. Olive Ave. Brookside Park I Brookside & Terracina Hillside Memorial Park 1 1540 Allesandro Brockton Housing Authority 4 Brockton & Texas 20 This form should be completed for Work Experience Programs only. List all work sites In column A, and complete columns B and C. ASSURANCES ANI? CERTIFICATIONS 1. 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 requirements contained in any future Federal or State legislation, regulations or policy. Either party may request an amendment or modification to 'this Agreement. Amendment must be in writing and properly executed by both parties . The contractor assumes the fiscal and financial responsibility for exceeding costs by line items or cost category. 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. Auditina 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 or as may be deemed necessary to assure the proper disbursement of, and accounting for, funds paid to the Contractor under the Job Training Partnership 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, local State and Federal laws that are cited in the FESA and DTPA laws as they relate to the utilization of funds or operation of program. E. The Ommty 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 will retain the records until the resolution of such litigation or audit. Page L Rev. 05/91 .g Me The Contractor shall be responsible for the procurement of an audit under the provisions of OKB 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 organizaticas not included under A-128 or 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. 014E Circular A-128 refers to "Audit Requirements for State and Local Governments" and A-133 establishes "Audit Requirement for Higher Education and Other Non-Profit Organizations" . Additionally, 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. This responsibility may include but not be limited to, providing the County with a copy of the annual audit report, 3. Choice Of IAV GMrning this-Agre2mgnt This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4. Com] 1iance with Statutes and Reimlations The Contractor warrants and certifies that in the performance of this Agreement, it shall comply with all applicable statutes, rules, regulations, and orders of the United States, the State of California, the County of San Bernardino, including the laws and regulations pertaining to labor, wages, hours, and other conditions of employment, Affirmative Action Plan, and JTPA participant's compliance with Selective Service Act. 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 (JTPA) Public Law 97-300 of 1982, all regulations to JTPA, and any new legislation, regulation, policy and procedures which may replace JTPA; B. The Family Economic Security Act (California Unemployment Insurance Code, Section 15000 at seq. ) 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; C. The terms and conditions of this Agreement and all applicable Federal, State and local laws, regulations and policies, and any amendments thereto; D. The Assurances mad* 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 March 26, 1991; Rev. 05191 Page 2 F County of San Bernardino administrative procedures and notices released in the form of field memorandums ; G. Copeland "Anti-Kick-Back" Act (18 USC 87-14) (29 CFR, Part 3) H. Davis-Bacon Act (40 USC 276a-7) (20 CFR. , Part 5 .0) ; labor standard on wages paid 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 requirements that no program activities under this contract shall involve political activities. JCalifornia Political Reform Act, California Government Code, Section 879100 et seq. K. Title VI of the Civil Rights Act of 1964, (42 USC 20004) and implemenz'.'ng regulations; L. Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment: opportunity act of 1972, (42 USC 2000e) , and implementing regulations; M. The Age Discrimination Act of 1975 , as amended, (42 USC 6101, et seq. ) and implementing regulations; (Non-Discrimination on the basis of age) ; N. The Military Selective Service Act, Section 3 (50 USC App. 453) ; 0, 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. P. Title IX of the Education Amendment of 1972; (Non-Discrimination on the basis of sex) ; Q. 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. 5. Contractor's Grievance Procedure The Contractor shall establish and maintain a grievance procedure to be used for grievances and complaints from participants, subcontractors, and other interested persons under this Agreement. Procedures must show the specific steps a participant must follow and time limits for resolution. The County should be shown as the final step in the procedures for unresolved grievances. Procedures must meet the criteria addressed in section 144 (a) and (b) of Public Law 97-300, October 13, 1982. The Contractor will file the approved documentation of the above procedures with the County within the first thirty (30) days. 6, gffect 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 invalidity of such covenant, condition or provision shall not affect any other covenant, conditilon or provision herein contained. Page Rev. 05/91 7 . EgIal OpRortunityfNon-Discrimination The Contractor assures that it has an Affirmative Action Plan which is applicable 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 age 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 recruitment advertising, layoff or termination, rates of pay or other forms of compensation 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 the non- discrimination clause. 8, GeneralCompliance 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. 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 information shall not be made available to any individual, agency, or organization except as provided for in this Agreement or as provided by law. 9. Indemnification The Contractor shall indemnify, defend, and hold harmless to the County, its officers, agents, and employees, and the Private Industry Council (PIC) officers , agents, and employees from any loss, liability, claim or damage that may arise Page Rev, 05/91 or result from actL ities of the Contractor, or in connection with ' ontrac~or' 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. 10. Insurance Regui.rements 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 insuring that such persons comply with any applicable insurance statutes. The Contractor is encouraged to seek professional advice in this regard. C. Fidelity Bond 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: 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 County as loss payee, obligee or additional insured for the purpose of reimbursement 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 (1) year subsequent to cancellation or other termination of the bond. 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 approved by the County for the benefit Page Rev. 05/91 x 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 and all 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 insureds. Within ten (10) days after execution of this contract by the County, the Contractor shall deliver to the Career Training and Development 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 endorsements and shall provide that the policy or policies may not be cancelled or terminated except upon delivery of thirty (30) days prior written notice to the County and to the PIC. 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 unavailable types of insurance coverage or coverage limits become reasonably priced or available, the County 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 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 entire term 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) days of receipt. i Rev. 05191 Page 6 11 . Labor Requirements A. The Contractor shall comply with the provisions of Article 3, Chapter 1, Part 7, Division 2 of the Labor Code 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 and reasonable in 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. E. The Contractor will, in all solicitation or advertisements for employees or trainees recruited by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment or training without regard to race, color, religion, sex, national origin, age, marital status, handicap, or political affiliation or beliefs. F. 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 cancelled, terminated, or 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. 12. Maintenance of Effort 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 organization and employer concerned. C. The Contractor will assure that no funds will be used to hire any participant 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 of any other regular employee not supported under the agreement in anticipation of filling the vacancy so created by hiring a participant to be , Rev. 05191 Page 7 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 negotiations 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. 13. 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 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. 14. Partigipatj—on- 2f Small. Llinority. 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. 15. Payment or Benefits 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. 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. 16. Permits and Licenses The Contractor shall obtain all permits and licenses necessary to the performance 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. 17. fto&rax tncome and Intgrest Earned A. Program Income is defined as monies generated as a result of funds provided by this agreement or grant supported activities. The Contractor agrees that Rev. 05/91 Page 8 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 B. 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 C. Interest earned on advances of DTPA 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 determined the disposition of these funds: and D. 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; and E. Public or Private Non-Profit Contractor's 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; and F. 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. 18. Prohibition of Activities A. 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 relocating 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. 19. Prohibition of Legal troceedinas The Contractor is prohibited from using funds under this Agreement for the purpose of instituting legal proceedings against the County or its official representa- tives. 20. Press Releaselhu-blished Announcements Rev. 05/91 Page 9 In all communication 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) as the co-sponsor of the program from funds made available under the Job Training Partnership Act, and that the Contractor is an Equal Opportunity Affirmative Action Employer. Contractors are also requested to coordinate press releases with the PIC media/Vublic relations for maximum impact. 21. P,rop_qrty. Tools and Etc.uioment In the event of any termination, all property (finished or unfinished) , documents, 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 and/or equipment 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 the 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. 22. Standard of Conduct The Contractor hereby assures that in administering this Agreement, it will comply with the standard of conduct set our herein, for maintaining the integrity 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 Subcontractor; 2. The Subcontractor is someone with whom such person has negotiated or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code Section 87100 et seq. if such person were a public officer, and because such person would have a "financial or other interest* in the Subcontract. NOTE: The term ."IMUdiate Eamily" 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, Rev. 45191 Page 10 mother-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law. The term "Financial or Qther Interest"- includes but is not limited to: a) Any direct or indirect financial interest in the specific 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 following 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 positions 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 County. Supplies, material, equipment or services purchased with JTPA 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 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 Contractor shall disclose to the County any relationship, financial or otherwise, direct or indirect, of the Contractor or any of its officers, directors, or employees or their immediate family with the proposed Subcontractor and its officers, directors or employees. 7. Tho Contractor warrants that it has not paid and will not pay to any third person any money or other consideration for obtaining this Agreement. B. NIpgt 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 Page 11 Rev. 05/91 favorable treatment is being granted to friends and associates . 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 in an administrative capacity for the Contractor. NOTE: A person in administrative capacity is a person who either has an overall administrative responsibility for a program, or has responsibility for the direction, hiring or fiscal integrity of the Contractor's program. 23. Technical Assistance If the Contractor identifies a need for technical assistance from the County regarding matters which are the subject of this Agreement, a written request shall be submitted to the County specifying the nature of the problem, any action the Contractor has taken to resolve the problem, and the type of assistance needed. 24. 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. 25. Withholding of Funds If any disbursements made under this Agreement are determined to be a disallowed cost, 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. In addition, at the expiration of the term of this Agreement or upon termination prior to the expiration of the Agreement, funds not obligated for the purposes of this Agreement shall revert to the County. 26. 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 ggrant, 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 agreement. Rev. 05/91 Pa§e 12 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 accordingly. Rev. 05/91 Page 13 JOBS AND EMPLOYMENT SERVICES �^a �+ �y c �� ' COUNTY OF SAN BERNARDINO SERVICES DEPARTMENT SOCIAL SERVICES GROUP �w ea;a!�cr3us 851 South Mt. Vernon Avenue,Suite 22 * Colton, CA 92524 (714) 422-0488 * 1-800-451-JOBS * Fax No. (714)422-0309 November 27, 2991 Mr. Charles Demirjyn, Mayor City of Redlands Post Office Box 3005 Redlands, CA 92373 Subject: Review of Corrective Actions SYETP Monitoring Report of September 10, 1,991 Dear Mr. Demirjyn: This notice is to inform you that: QWe are unable to review the Corrective Actions since you have not submitted nor responded to our monitoring findings. The clue date for submittal was We need to discuss the matter. We have reviewed the Corrective Actions submitted and concluded they were incomplete and insufficient. Further corrective action plan is required. We need to discuss the matter. We have reviewed the Corrective Actions submitted and concluded they were satisfactory and sufficient to resolve the findings and close the matter. No further action on your part is necessary. Si rsulq P`�I: htave'. ,`e.ny -FL!zlew cf;-. +pact Ari P-grb of this #Bice at (714) 422-0488. i Sincerely, Keith Lee, Director Tops and Employment Services Department lL:lcj s CC: Rita Osborn 4 MN