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HomeMy WebLinkAboutContracts & Agreements_33-1997_CCv0001.pdf MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA JUNE 1997 FROM: KEITH LEE, DIRECTOR JOBS AND EMPLOYMENT SERVICES DEPARTMENT SUBJECT: CONTRACTS FOR SUMMER EMPLOYMENT RECOMMENDATION: Approve agreements in the total of $2,978,081 with the following agencies to provide Summer Youth Employment and Training Program for 1997. (30) CONTRACTOR QONjRAQT.AMOU�U AGR _EM.E.N1AQ-- $ 36,096 97-335 Advocate School $ 72,914 97-336 Apple Valley Unified School District $174,071 97-337 ASA Learning Center $112,215 97-338 Barstow Unified School District $ 90,000 97-339 Career Institute $ 68,464 97-340 Chaffey community College $ 51,352 97-341 Chino Unified School District $129,583 97-342 City of Highland $ 64,944 97-343 City of Redlands $121,171 97-344 Colton-Redlands-Yucaipa-ROP Miller) $ 66,410 97-345 Fontana Unified School District(A.B. 97-346 Fontana Unified School Dist. (Fontana High Sch.) $ 82,500 97-347 Goodwill Industries $ 25,975 97-348 Henkels & McCoy, Incorporated $ 86,743 97-349 ol District $173,640 97-350 Hesperia Unified Scho $ 50,000 High Desert Youth Center $ 18,000 97-351 Lucerne Valley Unified School District $ 98,698 97-352 Morongo Unified School District $245,425 97-353 National Council of Negro Women $ 57,184 97-354 Needles T.E.A.M. $318,699 97-355 Provisional Educational Services, Inc. $117,173 97-356 Redlands Unified School District $ 75,000 97-357 Rialto Unified School District $ 54,390 97-358 San Bernardino County Supt. of Schools $ 50,000 97-359 S.B. West Side Community Dev. Corp. $183,837 97-360 Somos Hermanas Unidas-Business &Ed. Inst. $ 91,623 97-361 Universal Training Center $ 68,090 97-362 Upland Unified School District $160,799 97-363 Victor Valley Union High School District 97-364 Yucaipa-Calimesa Joint Unified School District $ 33,085 Page I of 2 ction-of the Board of Supervisors cc: JESD-Stephanie White-Soto w/agreement APPROV 1)ai3ARDQF SUPERVISORS C' -806i� Contractor w/agreement 0 6F F.F RDINO c/o JESD aE990 AYE MOTION M 5 Auditor w/agreement 47 4 Contract Compliance w/agree. D Superintendent of Schools EARLEN SP Risk Management BY SSG File w/agreement DATED : une R1 )TNO 14-9507-000 mll ITEM 054 Rev.01/96 JOBS AND EMPLOYMENT SERVICES DEPARTMENT CONTRACTS FOR SUMMER EMPLOYMENT June 3, 1997 Page 2 BACKGROUND: d in federally-funded projects for many years to provide job The Agencies have been involve training services for local residents, particularly in the area of youth training Under the summer contracts, the Agencies are required to provide the Summer Youth Employment and Training Program for youth who are JTPA-eligible and attending schools within the service area. nroll in the program during the summer and will be More than 1,494 students are scheduled to e working in a variety of summer jobs in the area. Participants will be paid $5.15 an hour for the actual number of hours in training. The students will also receive additional training in Pre- Employment and Basic Education Skills to improve their employability skills, APPROVAL BY OTHER DEPARTMENTS: reviewed and concurred with the Agreements. The The Private Industry Council Chairman has Agreements have also been approved by Paul F. Mordy, County Counsel, by Risk Management, and the Department's M[WBE designee for contract compliance. FINANCIAL DATA: nd approval of the Agreements will result This expenditure is included in the 1997/98 FY budget a gh the Federal Job Training Partnership in no local cost to the County. Funding is provided throu Act, Title IIB (summer Youth Employment and Training Program). PRESENTER: Keith Lee, Director JESD JUNE 3, 1997 ITEM 054 U,%T y -;S E J N L-1 Dec, /2 7—5 CITYOFR766 SC A --1, s Orgn Deot JOB BSY9 jobs and Employment SVcs P�) Ext DC-Dartmelit Contrac (90S —0488 $64,944 Keith Lee, Director 422 --- J B %Umoer bj Rev Source ��-f)d Decit organization Apor County of San Bernardino SAN JOB BSY9 300 3709 ESt,mated Payment :.:i� Ypar F A S Commodity Code Fy Amount ID Fv Arncul� ID CONTRACT TRANSMITTAL Project Narrie summer Youth Employment-- CONTRACTOR - city of Redlands JTPA A90E330-71 95-6000766 --- N/A Federal ID No. or Social Security No. — Birth Date Eileen Dirksen Contractor's Represent3tive 373 (909) 798-7695 35 cajon Street, Suite 12 Redlands CA 92 Phone Address Nature of Contract: �Briefly descr!be ttie general terms of the contract) 0 ProVrarn DjescriptiO : The Summer Youth Employment Pro�-Tram provides vouth an opportunity to practice and learn employable skills and to accept responsibility and supervision. The participants are working in a vanety of er. The students will also receive training in pre- jobs during the suMm emplovment and basic education skills. • Period of Agrveeynent: April 1, 1997 through October 15,1997 • Contract Amou $64,944 *11 result in no additional cost to the • Finanic al Data: This agreement wi County, Funding is included in the JTPA Budget. p1C �pproy : This Agreement was forwarded to the PIC Chairman for review and concurrence. (Attach this transr'n Ittal to a�� contracts not prepared on the "Standard Contract" formJ Reviewed fo� �,rocesstng Reviewed as to Affirmative Action Approved as to LP93� �01"n USE SIGNATURE PAGE ge,,,-,, A(-,rr—sT,'8t0r CAO County Counsel Date ------ Date, Date 02 12294 000 Rev Count% Filt Numhtr JTPA Agretni(fut No :�c-OE330-71 COUNTY OF SAN BERNARDINO AGREEMENT JOBS AND EMPLOYMENT SER',1ICES DEPARTMENT AGREEMENT SIGNATURE SHEET This Agreement is entered into by the County of San Bernardino, hereinafter referred to as the "JTPA Service Delivery Area" _QE RFI�JANDS and THE CITY ment is to provide for the operation of program(s) which provide hereinafter referred to as the "Contractor." This Agree er the Job Training Partnership Act of 1982, as amended 'in training and/or employment and/or services for participants und November 1992, and any regulations which may replace or amend JTPA. rees to The Contractor agrees to abide by and adhere to all provisions of this Agreement. The Service Delivery Area ag tor in accordance with the terms and conditions of this Agreement for allowable expenses incurred to reimburse the Contrac enses are described herein and are incurred within the period of this Agreement and/or are allowable the extent that such exp ons of the Act, the State of California and the County JTPA Service Delivery Area. under current policies and regulati CONTRACT AMOUNT-. $ 64,244 PROJECT NAME: Summer Youth Employment Training Program (SYETP) PERIOD OF AGREEMENT: jDIL&I L 1_227 Beginning Date Ending Date APPROVED AS;?F F'10W: CONTRAgeOR UNTY OF SAN BE ARDP ARDINO SDA: COUNTY OF SAN BE By: By: Ddte: 3 199 Date: APRIL 15, 1997 Date: 3 1997 Name: Swen Larson, Mayor L. THOMAS KRAHELSKI Name: Jerry Eaves Title: Deput� County Counsel Title: Chairman of the Board of supervisors Title: ATTEST: ',iE U.AiR- S�tWIIF � I �iL 4 DOIIUIAEI�4T 4� MA% OF TfliE Lorrie P zer, City I Cler Gi e in Reviewe rP By-- By: Date: kDINNO C' Rev. 4/97 Page I C�\DATAWORMBOILERFL�SYFTP% TABLE OF CONTENTS Page Number 0 Contract Signature Page 0 Table of Contents 3 0 Agreement Summary 4 0 Certification Sheet 5 - 13 0 Statement of Work 14 0 Budget Statement • Attachment #1: Job Titles and Worksite Location (Planned) 15 • Attachment #2: Target Group and Population Segment Plan 16 Attachment #3: JTPA General provisions 17 - 24 Page Rev. 4/97 C:\DATAW0RD\B0ILERPL',SYFTP96 AGREEMENT SUMM I ARY FUNDED AGENCY SDA SERVICE AREAS ces are provided) Name: CITY OF RET)LANDS (represent areas where the servi Street: 35 CAJON ST, STE 12 0 A-I West Valley areas City/Zip Code: REDLANDS CA 92373 F1 A-2 Central Valley & Mountain areas Program Director: KAREN OLSEN 9 A-3 East Valley and Low Desert areas Phone Number: 909-798-7514 0 A-4 High-Desert areas Contact Person: EILEEN DIRKSEN LENGTH OF FINANCIAL AGREEMENT Phone Number-, 909-798-7695 (allowable period under which costs may be incurred) From: 4-1-97 To-. 10-15-97 Program Activity (check items that are applicable) (Rev. 1/95) 0 A-Assessment/intake Activity 0 1 -on-the-job Training(OJT) o s - supportive Services/N-BP 0 T -Job Dev/Job Club/Placement 0 B-Basic Ed/Remedial Education OK- 0 L-Limited internship(youth) ou - CC- o M -Case Management(SDA) 0 v -voc. Exploration Skills DD - 0 N -Individual Skills Training a W - Work Experience •E-Education for Employment(youth) 0 X -Entry Emp. Exp, (youth) •F-Vocational/Skills Training 00- R y -Work Exp/Remedial Ed/Pre-Emp- 0 G-Custom ized/Indust r y Specific o P- Pre-employment Skiiis/Work Work Maturity Skills (SYETP) Maturity Skills(youth) o H -job Specific Skills (youth) 0 Q-Schoot-to-Work 0 z 0 R-Rapid Response/Basic Readjustment 01- (EDWAA) PLANNED PROGRAM DIMENSIONS yOUTH 14-21 30 Total Enrollments Terminations include: 30 0 0 Not Completed Training tons ncuu" t:e T c7omp'leted:Training,.,"", Page 3 Rev. 4/97 C:\DATAW0RD\B01LERPL\SYETP% CERTIFICATION A. Chief officials/officers of the Board of Directors (list names and titles) I Mayor Swen Larson 2. Geni Banda, Councilmember 3. William E. Clinningham, Councilmember 4. Gilberto GH, Councilmember 5 B. Chief Fiscal officer, Bookkeeper or Accountant: Name: Steve Chapman Address: P. 0. Box 3005, 35 Cajon Street, Redlands CA 92373 Phone: "9-798-7520 C. Date this Organization was founded: Month: December Day: 3 Year: 1888 D. State ID Number: 800-9833-8 Federal ID Number: This is to certify that the above information is true, complete, and correct and that Gary Luebbers, City Manager of kiNallic— ignatory ICT CITY OF REDLANDS Orgammon is legally authorized by its goveming body to enter into this Agreepent and other related transactions on its behalf. �Signa�ture of�Board�Membe�r MAYOR Name &Title P.O. BOX 3005, REDLANDS, CA 92373 Address 909-798-7510 Telep [one Page 4 Rev, 4/97 C�\DATAWORD�BOI LERPUS Y ETP* GENERAL DESCRIPTION luding a statement of work to be performed and �pecific features of the (Briefly describe the training program, inc tivities under SYETP shall be a combination (-,f work-based program. Text rriust he specific, concise, and clear. Ac includ-s Work Experience� Classroorn-based Training shall d classroom-hased training. Work-based training training an I I ucaiion Skills, Academic enrichment. Cornpletion of an include pre-Employment/Work Maturity Skills, Basic Ed s must also he described. nt of an Individual Service Strategy (ISS) for participant Objective Assessment and developme The City of Redlanu�, will train a total of 30 participants ranging in age from t6-21, for a period of 10 weeks beginning June 23, 1997 and ending August 29, 1997. Each applicant will receive $5.15/hour for the actual number of hours spent in work experience and academic enrichment, As in the past, the City of Redlands assures that it will comply with JTPA and federal guidelines, and focus on the "most in need" who can benefit from the training program. Special efforts will be made toward hiring "high risk" youth, using a ranking system d.eveloped and used in the past three programs. Applicants will be enrolled in the program using various assessment tools, including the COIN, Maturity Work Survey, CASAS academic measurement, and the Individual Service Strategy. Based on these various tools, every attempt will be made to match the participant to positions in related fields of interest and skill level. Job Enrichment and Academic Remediation programs will be conducted for a total of 24 hours during a six-week period. Remediation is one component of the training portion of our program. Classes will be scheduled as a requirement for those students who have not passed the High School proficiency test and have been assessed needing same based on the CASAS assessment instrument. Reading and math classes designed to enhance life-skills will be utilized. The second component of the program will be Job Enrichment. Classes will emphasize life and work ill be conducted by a skills and be conducted in a "staff meeting" setting. This program wi Credentialed Educator, A copy of pre and post tests will be maintained in the student's file. Work Experience job sites will include 21 Departments/Divisions at the City of Redlands and provide training including park landscaping techniques, drafting, word processing, office ield maintenance, participation in projects to aid the elderly, building practices, sports f maintenance techniques, equipment maintenance and data entry. Page Rev. 4/97 C ADATAW0RD\B01 LERP L'SY ET 1`9f, PROGRAM SPECIFICATIONS: in SYETP must be Public Agencies or Private Worksites to be selected for Work Experience -time assignment designed to develop Nonprofit Agencies. Work Experience is short-term o'r part basic job skills and good work habits for individuals who have never worked, or hay 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 summer and must be terminated from SYETP prior to the opening day for the fall semester- 3. out-of-school Youth can be enrolled in the program once the school in closest proximity has officially recessed for the summer, and must be terminated from the program on/or before September 30th, or on/or 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. 5. Participants Estimated Enrollment Date JU L23,1227— Participants Estimated Termination Date Sept-mber 30, 1297 111. ESSENTLAL 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. I OUTREACH/RECRUITMENT: (Note: In-school, out-of-School, Private School Students and all Eligible youth can be served);describe: Recruitment/outreach efforts for the 1997 program will include news articles in local newspapers seeking applicants and specifying an emphasis on economically disadvantaged, high-risk youth. Public service announcerrients will be submitted to local cable TV stations. As in the past, contact will be made with Orangewood Continuation School, Redlands High School, and the Housing Authority representatives at low-income housing projects, to develop potential candidates from the targeted population. Contact will be established with the local Employment Services Department for potential candidates. Information flyers will be s, e.g. Brockton and Lugonia Housing Projects, developed and posted at various public place , and the Redlands Unified School YWCA, Orangewood Redlands Community Center YMCA, District. Noe Rev. 4/97 C:�DATAWOP D�MLERWISYETF`96 01111 ESSENTIAL PROGRATNI ELENIENTS (continued) ASSESSMENT� (Each participant must be provided with an object— a�ses�ment �)f his"her 2. OBJECTIVE needs. This mav include review of academic, Occupational �kllls, prior work basic skills and supp�)rtive service experience, emplovabilitY. interests and apfitud�s)� ,Jescribe� The Objective assessment is a multiple-step process. CASAS instrument will be utilized for academic assessment in Match and Reading; the school's proficiency exam will also o 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 I: (formerly EDP; individual plan which �hall include an employment goal, appropriate achievement objectives, and appropriate sequence of services for parlicipant)� describe: The Individual Service Strategy (ISS) will be developed by using multiple steps, Each Coordinator regarding areas of career interest, participant will be interviewed by the Program strengths, and educational goals. The CASAS will be utilized as an academic math and The participant's proficiency will be reviewed and remediation will be reading assessment.rticipant is below grade level. The COIN Interest Assessment will also be established if the pa Finally, the SDA Work Maturity survey, will be utilized to administered to each participant. assist in defining a training plan for each participant to complete the development of their individual ISS plan. 4. INTAKE PROCESS: Intake eligibility will be performed by the Contractor, The Contractor makes preliminary determination of eligibility, initiates and prepares all required JTPA forms, including the Client Application/Registration (ERF Form), the Referral/Enrollment (EEF fon-n); 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 JTPA 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 ill be distributed to all persons involved, Supervisor handbooks or any similar materials w using the SDAs sample guide. 6. COUNSELING (describe): Counseling services will be provided by the Program Coordinator and College Intern/Job Coach on an individual basis and as needed, Participant status and needs will be evaluated weekly with proper documentation. Weekly "staff meetings" including all participants will.be conducted to provide an open forum for airing of concerns and other issues. Documentation of all counseling activities will be maintained in applicant files. i A recent assessment and Individual Service Strategy 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. Page Rev. 4/97 C�DATAWORMBOILERPL\5YETP% ESSENTIAL PROGRAM ELEMENTS (continued) SUPPORTIVE SERVICES/NEEDS-BASED PAYMENT: (if funds are ati(icattd In the L�Ontract, Needs for supporl-e ser-c- Needs-Based 7, he (,t1ntrac[or shall review/approve/Mvide and pay those services� em foyow the JTPA Service Deliver', area procedural rules on p- avments �huid he recorded in the objective �sse,`,m u ortive Services/needs-Based Payments Supp,ri�e Services/Needs-Based payments�describe S pp vices will be identified through the assessment process� Based Those in need of support ser i 'It transportation services, including the on past programs, support services wi valuated weekly by the us passes. Participants status and needs will be e purchase of b umentation. Program Coordinator and College Intern/Job Coach, with proper doc IV. PROGRAM POLICIIES/PROCEDURES ipate in SYETP if such ELIGIBILITY FOR SERVICES: An individual is eligible to partic individual is: a. age 14 through 21 eligible for FREE meals under the National School b. economically disadvantaged, or Lunch Act during the most recent school year. that it shall provide training and employment Additionally, the Contractor assures who are most in need of, such opportunities to those who can benefit from, and opportunities and shall make efforts to provide equitable services among substantial segments of the population (JTPA§141a).. . " which authorizes the non-economicallY CAUTION- The ,10% window provision rogranis does NOT apply to SYETP. disadvantaged to participate in JTPA training p 2. INSURANCE REQUIREMENTS: (in accordance with Labor standards, the comprehensive Liability and Workers' compensation Insurance coverage must be made available with respect to injuries suffer�d 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 funds 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. (systems designed for apprising program management of both 3, PROGRAM MANAGEMENT: a regular basis. indicate the type and frequency of rePOrts, meetings. programmatic and fiscal performance on conferences, or other methods in program managemeno�describe: o2ram staff to address program Director will meet on a regular basis with the SYETP Pr _ The am progress. A follow-up meeting will be held to any issues that may arise and evaluate progr aluate the discuss feedback from site Supervisor (after their completion of a survey) and ev and needed improvement of the program. A monthy budget report will be areas of success reflecting expenditures, beginning, and current requested from the Finance Department, balance F k Page Rev. 4/97 CADATAW0RD\B01LERPL,SyFFP-c�6 ROLS: �systems that may inclUde AL0)U1'Ji!12 P�jnciples and 4. ACCOUNTING and INTERNAL CONT Claims fo.r Re�rilh­ement. lrernai Control TransaLtionsiFinancial RePOrTS, 1, ,Iainienan,�e of Records� S[ructLire [o al"SUre compliance with laws. regulations and contracts); describe: be imnlemented to ensure the accountability of all Proper accounting practices,will d under this Contract, Records funds received and expen'ded or disburse d in file. supporting financial transactions are maintaine nd submitted before the tenth (10th) Request for Reimbursement will be prepared a U1.v of each month to claim the actual expenditures incurred during the previous month(s) Internal control structure will be implemented to prevent fraud, misuse of funds and to assure compliance with laws, regulations, grants and contracts- COST ALLOCATION PLAN METHODOLOGY (method to ensure funding source is fairty charged� 5. or the process of distributing costs or services to a number of other programs, grants, funding sources� methodology must be submitted and on file at SDA's office);describe: of determining and documenting a basis for The Cost Allocation Methodology is a means C buting costs equitably to all benefiting activities. A complete description of cost distri Cost Allocation Plan is on file at allocation methodology is on file at the SDA's office. The the contractor's office and will be available for review at the time of the JTPA monitoring review.WoRKSITE AGREEMENT: (for work-based training, a Worksite Agreement must be developed and 6. si2ned by the Contractor and the Worksite Operator);describe: The Contractor is responsible to conduct pre-monitoring and eva.luation 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 worksite if it does not meet qualifications for worksite selection. The Contractor shall maintain 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 program Will generate any ADA funds. revenue, or income. if so, include estimated amount and source. her's salary. JTPA funds can only be used to supplement/support the ADA funds must be used primarily for teac.table and/or are not enough);describe� teacher's salary when ADA funds are not avai NO ADA MONEY IS GENERATED. No gross or net revenue will be generated as a result of this contract. Page Rev. 4/97 C�,,DATAWORD\BOILERFL'S�E7TP46 GRIL% �\��CE PROCEI)t,'RE o Ic resojutjon� The Co,Mac�` -dn .1e �,Me jImIts �'escrlhe T" ')e ed verbally I and discussed Same day ()r xithin 24 hours (a) Complaint grievance identifi .1 or & ProqrammaximuM If not resol'�'ed� go to ,j,h Worksite SuPervIs h� participants 1,� next Step -ithin 3 days Same day or A, (b) Complal---/grievance identified in writing and maximum. if not resolved, go to discussed with Proqram Director next Step. (po.sition title) witnesses, Within 7 days after receipt Of (c) Initial hearing on grievance-, complainant, I vance. written complaint- if not resolved, contractor or representative meet to resolve grie go to next Step- (d) Final hearing on grievance, all parties meet to resolve Within 20 days of filing of grievance', if not resolved, go to grievance. next Step, forwarded to Contractor will be notified of the (e) All documents, procedures, and reports actions taken by the Department te actions according to la* , the Department for appropria y of 5/20/91 and resolution of the comp int, Deparment's Grievance and Hearing POlic decision shall be made within 45 days of filing of grievance. shall provide each participant with a copy of its internal JTPA Participant The Contractor on enrollment into the program. The Contractor shall Complaint and Hearing Procedures up ith the second signed copy given to the . rned by the participant, w maintain on file a copy s1g participant. V. ADDITIONAL STIPULATIONS: tease funds will be contingent upon the Continued funding or modification of this Contract to inc fund this project beyond the availability of funds. Also, the County makes no commitment to terms of this Agreement. /or terminate this Contract if grant funds to the County 2. The County may unilaterally suspend and actor refuses to accept additional conditions imposed are suspended or terminated, or if the Contr on it by the Department of Labor, the state JTPD, or the County- ill be paid, up to the date of nsion or termination, the Contractor w the Contractor as a In the e.vent of such suspe for any amount which is Property incurred by suspension or termination, result of per-formance of this contract. commencement date, and after the 3. The Contractor shall not incur expenditures prior to the eement, or upon termination of this Contract. In addition, at the expiration of this Agr termination prior to the expiration, funds not Obligated or expended shall revert to the County. assumes full responsibility under the Act, in compliance with 4. The Contractor assures arid s set forth in the Act, and pursuant to Department's Policy safeguards against fraud and abuse a of july 1, 19W (Rev. 1) regarding Report of Fraud and Abuse. Page 10 Rev. 4/97 C%DATAW0RDW1LERPLSYE7P96 its JTPA Program actl%'itles �)n and "t-t I-sites The L The Contractor is responsible for [nonaoring _s -and share [hem %k Itil the 'X'Orks Ite record of their finding I g team The Contractor monitors shall make a written program Manager!D i rector and the Departments monitoring operators, monit-ring guide and for documenting \isits bY its is also responsible for developing its Qwr� I staff, o monitor and visit, announced or unannounced,.the Additionallv. the County reserves the right t sites at any time gram, including visits to all locations, offices, and training Contractor's pro itoring shall be conducted in accordance with JTPA during nornial business hours. The mon I . . guide and Policy on Monitoring of Directive 95-215 of 12120/95, the Departments monitoring jj,pA Operators (Rev.1) dated 12/2/91. rds to be maintained by the Contractor shall include, 13. Participant's File Records- Participant reco Assessment, Individual Strategy but are not limited to, the following: Eligibility Document, Application/Registration, Ser-vice (ISS)� Orientation, Worksite Agreement, Counseling Notes es that may include Status Change, training information, and schedul other forms for Enrollment, 1 complaint and Grievance post-test for Pre-EmploYment/Remedial Training, Intema ification of free meals, and Pre-test, 11, work permits, medical releases, cert procedures, timecards, payro other documents required by JTPA. snonsible for the arrangement and procurement eocoaunntaudit in 14. The Contractor shall be re-, f 1994, and agrees that it will provide th y with a accordance with the Single Audit Act 0 whichever is copy of its Annual Audit Report, or JTPA Financial and Compliance Report, applicable. ide the County (on form provided) a certification stating that the 15. The Contractor shall prov ed from doing business with debarred or suspend organization and its principals are not governmental agencies, pursuant to Executive order 12549- r shall provide the County (on form provided) a certification stating that their 16. The Contracto als shall not use funds provided by JTPA in any lobbying activities, organization and its princip LLL "Disclosure For?n to Report Lobbying' if any funds and/or agree to submit Standard Form other than Federal funds have been paid or will be paid for such activities. the County (on form provided) a certification stating that 17. The Contractor shall assure and provide the Drug-Free Workplace Act of 1988. it will maintain a drug-free Workplace pursuant to shall submit to the 18. Therefore, prior to the execution of this Agreement, the Contractor Department, the following documents: Cost Allocation Methodology Copy of Complaint and Grievance Procedures Insurance Copy of Comprehensive General and Auto Liability Copy of Workers' Compensation insurance Certification regarding Compliance with the Single Audit Act of 1984 nd Certification regarding Disclosure of Lobbying Activities, Debarment/Suspension a Drug-free Workplace n/Affirmative Action Compliance Certification regarding Non-DiscriminatiO Page 12 Rev,4/97 ILERTUSYETY97 Ci\DATAW0KD\B0 Pr , a -a S or n, �ene, -a �ubp_ran',- Come t I rom fees for services performed and from conferences� frOM th such income includes in� rom sale 01 M, sub�!rant funds- use or rental of real ()r personal propero,', acqu d with grant/ - ubgrant. from, revenues of con-imod�tjes, or items fabricated under a grant.1s - property or sale I f the actual costs incurred earned by governmentati public or private non-profit agency in excess o bgrant funds. etc. n7ices and from .interest earned on advance of grant"I'su in providing the se 1v if such income is added to the funds The Contractor may retain any program income earned on. and under the terms and conditions cormitted to the JTPA grant and used for JTPA purposes, 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: I compliance with all JTPA regulations 2. Stipulation to hold the County harmless as a result of Subcontracting 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 ition. the contractor shall also notify the documents as a condition to receiving payment. In add County of any default, termination, or findings of disallowed costs under these subagreements. 22� Advance Funds its discretion, may permit an advance payment, based on anticipated expenditures The County, at anced shall be expended only in direct support and cash flow needs of the Contractor� Funds adv of this contract, and any advance funds received by the Contractor are subject to repaymem _e funds and repayment are executed according to procedural rules adopted by the County Release of advanr loyment Services. The County may require the Contractor to secure a fidelity bond Department of Jobs and Emp before any advance funds are released� page 13 Rev. 4/97 CADATAWOPD�HO1LERPL\sYrrP96 .............. V1. COMPENSATION AIND BLDGET STATENIEN'T e ounty shall pay to the Contractor an amount not to exceed: _ �ixjy_fouj thnu�and. nine ed It fA QAA I for complete and satisfactory pe I r-formance 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-JTPA funding sources are also used to support the program� if none, leave blank). Funded from COST PRINCIPLES JTPA Funded other Sources TOTAL A. Administration 3,247 0 3,247 COST E, A. A�inistraptpio B. Direct Training (including Participant Wages and 49,990 0 49.990 Benefits) C. Training-Related/Supportive 11,707 0 11,707 Services 64,944 0 64,944 D. Total Budget E. Funds Requested NOTE: (1) Participant Wages and Benefits: $ __4a_722-QQ (must be 50% or more of total budget). Rate of pay currently applicable is S5.15 per/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 may be used for contribution on behalf of any participant to retirement systenu or plans." (6) Department of Labor's Notice #5-91 of 7/23/91 and Rev. I of 11/22/91, DOL Letter 2,7-91 of 6/25/91 and JTPA Information Bugetin 9-21 of 1/16/92 recommend that, effective 7/1/91, 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. rT (8) Contract funds can be used to subsidize the Contractor's portion of FICA payment, cu ently 7.65%. including Medicare� po 2 Re\, -1'97 � D�,­.,,�,)RD Anachnien- 41 JOB TITLES AND WORKSITE Contractor: LOCATION CITY OF,REDLANDS Agreernent Number- Worksite Location (,Street address and Phone Number. use P.: 0. Job Titles =DoN%OT use P.O. Box POSITIONS AND WORKSITES ARE CURRENTLY BEING DEVELOPED AND WILL BE FINALIZED ONCE NEGOTIATIONS WITH VARIOUS DEPARTMENTS ARE COMPLETE. AT THAT TIME. THE APPROPRIATE FORMS WILL BE SUBMITTED� TOT ALL- niy. List all job titles and worksites developed for This form should be completed for Work Experience Program ct it this training program. If more spaces are needed, make additional sheets. P 'r ARGET GROUP rMatt t - 011h a 4 1 ­;�': &� "i� .......... Planned Enrollment Number to be Enrolled 30 School Status 10 Number of In-School Youth Number of Out-of-School-Youth Hard-to-Serve Number % of Enrollment Basic skills deficit 15 50 % Educational attairiment that is one or more grade levels below(in-school youth) or school 15 dropout (out-of-school youth) 50 % Pregnant or parenting 3 1 % With disability, including leaming disability I I % Homeless or runaway 2 .06 % Offender 2 % Member of family receiving public assistance 15 50 % Population Saament Plan* Male 15 50 % Female 15 50 % (Total percentage must be equal to 100%) Age 14 - 15 0 % Age 16 - 21 30 100 % (Total percentage must be equal to 100%) White 4 13 % Black 8 27 % Hispanic 15 50 % American Indian/Alaskan 1 3 % Asian/`Pacific Islander 2 7 % Other 0 100 % (Total percentage must be equal to 100%) Population Segment means:A croup within the local population whose characteristics cause individuals within them to experience unusual difficulty in obtaining employment. Anv deviation from the Population Segment Plan proposed by the Contractor wouir require a justification. Further,the Contractor recognizes that the County may not contract for the future with any organization which is in non-compliance with the Plan,or it has been determined that the Contractor has substantially violated the Plan. Page 16 c:\word"'elisz.doc ' ' . JTPAGENERAL PROVISIONS , 1 Amendment and Waivers A Funding of "his Contract /s contingent on the avei|ab|hty of Federal or State hunds and cononueo Federal orState authorization for progrsrn achv|tusa.' and |a subject to amendment orVsnnmet/on due Uolack cffunds orauthorization This Contract issubject toamendment, as neoessary, in accordance with nequ(nements -contained in any future Federal or State |egis|abon, nagu\adons, or policy, amendment must be in writing and properly exec"tedbyboth parties. B v*Valvens of any provisions of this contract must be in writing and signed by the authorized personneland no waiver of any provision of these terms and conditions ahoU be deemed, for any purpose,p se ` be awaiver ofany other pnovismns, or to be a continuing orsubsequent waiver of the same provision. 2. Auditing Requirements A� The Contractor shall establish such internal control structure and fund accounting procedures as JTPA and State and Federal or local regulations oras may be deemed necessary to assunathapnoperdisbursement required by of. and accounting for, funds paid tothe Contractor under JTPA B The County, the U.S. epa�rnentofLabor, and the State of California, shall have the rightto B. rnonhor, and/or evaluate all conditions and activities and to investigate and audit all naoords, books. papers. 'ordocuments related hothe conduct ofprograms funded bythe County. CThe Contractor shall maintain and make available to the auditors/monitors adequate naoordu, cooperate with all auditors/rnonitors, comply with all Federal nagu\ot\ona. Sbabs. and local |evvo that are cited in JTPA laws as they relate to the utiiization of funds or operation of programs. O The County will be notified by the auditors/monitors performing audits of any incidents of fraud, D. misuse of funds, abuse, or other criminal activity in relation to this Contract, the Act, or Regulations, E Bov�nnn�enteVY�on'governnnente\ agencies shall be responsible for the procurement of an audit E. i i f {)K8B Circulars Ar128 or A-133 (or any other OMB circular that becomes under the provisions o �h the Single Audit Act of1S84 OMB Circular A-128 refers to "Audit of S��and Lo�/Govmmmen |egis\a�on) macoon1�no�wts.^Circular 4-133estab|\sheo "4uditof/nobb/bonaofHigherEducebon andoibmrKkon-Pno/it(Jrganoationa�^ Commercial/Private for-Profit Organizations must have an audit which could be either an independent financial and compliance audit of JTPA hunds, or an organization-wide audit that includes coverage ofJTPA funds within its scope. The auditis usually performed annua|\y, butnot less frequently than every two (2) years, Therefore, the Contractor will be responsible for providing the County with information which will� as� tthe County in determining if the Contractor has met its audit requirements for organizations thsdre{e�ed/n�eive $25O0Oormore mFederal funds many given hs��! year. This responsibility nnainclude but not be �rniteJ b» providing the County with a copy of the Annual Audit Report. (��rn�U�n�ew y mo ' �h the Single audit Act 1984 shall be executed according *othe Department's policy of 9/16/91 (Rev, 2). Further, �h�(�Qntracbzracknow\edgesthatUleCoumh/ ofSanBernondinornaynotcontn]ctwithany ' -- which i not in compliance with these requirements and/or payment to the Contractor may withheld by the� County �/ Ub) fth� Contr�C�Vrf� � o]rnp{y*/ith#1enequest. Pape i7 Rn,. 4/O7 c^u^r^woP mmn/usxpca,sn"m 3Compliance with Laws and Regulations s�aU cnm�� w��h aU Tho Con�acozr wa�anta end oerb�ea Uhst� m Une pe3onn�nce fS U b|e |�ws nu�s and regu|ebons of Un/ted States the State ofCaUforma. and the Coun�y o an aPp c� � � ta d certifies comp\yvv�thany new uramended� or Bernardino TheCon��c��rfu�herw�rr�n an (�ontnact rev�sed |aws negu|at)ons. end/orprocedureszhatapply tothe pemzrmanceofthis | . . Examp|ea Of applicable laws, ru|es or regulations mo|ude but are not |\mihad no the following� A The Job Training Partnership Act (JTPA) Pub|icLa* 97-300 of 1982 all regulations and any new legislation, renu|cdion, or policy, which may replace oramend JTPA. B The terms and conditions of this Contract and all applicable Federa|. State, and local |aws, regulations, and policies,d U iea. andamendments thereto, CAny provisions made by the County that were imposed upon the County by the state of California with respect togrant 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 offield memorandums and policy manuals, F� Copeland Act(And-K\ckbock) and Hobbs Act(Anti'Corruption) G. Davis-Bacon Act of 1031 and Fair Labor Standard Act of 1938 (where applicable). H, Hatch Act of1939. aaamended, October 13S3; and California Political Reform Act of1874 |� Equal Pay Act of1063 (where apphcab|e), Title V! and Title V|\ of the Civil Rights Act of 1804 as amended by the Equal Employment J� \ Ord 11248of1SB5 (/��nnadveAc�on{}bUgat\ons) Oppo�unih/ActofiS72� andEx�cutve Order 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) C}, Single Audit Act of19O4 P. immigration Reform and Control Act of 1986 (where applicable) Cl occupational Safety and Health Act 0f187O (standard onhealth and safety) R, Executive Order 12543 (DebannentSuspension, and Exclusion) Child L���r Laws in California, Child Labor Standard Act. Family and Medical Leave Act of 1893. &Assembly& Bill iS8OofJanuary 1985 Employment ofMinors (where applicable) T Drug-Free Workplace Act of1988 U Anti-lobbying and Disclosure CfLobbying Activities, 9aQo \0 Rev. 4/V7 c^o^r^.mmmam/uaupumvsn"w 4" Non-Discrimination and Affirmative Action Compliance cr,r�trat;cr ,lenied *�ne benefits of suciec'e�� s , No individual srai� Ce exciuded from bar�ticjcation in connection with 8nY suc- �rcgra7� tecause Of under or deniec e-P�cyment in the administration Of or in affiliation or teiief S.,�.r act�cn s1riall race, color re�ig!Cr, sex rational origin, age, disability, or political trarsfer recruitment� g. yment, promotion. demotion the followin npi include, but r`ct be ',i-ited to ther forms of compensation and selection C,tra�rirg yoff or te7rr!ration, rates of pay or o advertising, ia. . r Ccrnbl!ance Program of ith the provisions of the Affirmative Actio The Contractor also agrees to comply w d pursuant theFeto Executive Orders rdino and rules and regulations adopte the County of San Berna 11246, 11375, 11162� 12138, 12432, 12250, Title VII of the Civil Rights Act of i9e4, the California Fair Practice Act, California Public Contracts Code 2000 and the San Bernardino County mjWBE at, State and County laws, regulations and policies relating to equal Employment formation on -15, and other applicable Feder In policy 11 ws and regulations hereafter enacted employment and contracting opportunities, including la COMPLIANCE AGENCY of the County these rules and regulations may be obtained from the CONTRACT of San Bernardino at (1909) 386-8689, Minority Business Enterprise (MBE) and So/0 Women The County of San Bernardino has a goal of 15% Business Enterprise (VVBE) participation for all contracts and subcontracts. 5. General Requirements ganization may charge an individual a fee for the placement or referral of such k No person or or individual in or to a training program under JTPA. sidized employment with any private-for- & No funds may be provided under this Contract for any sub f age, who is economically unless the person employed is a youth, 16 to 21 years 0 Subparagraphs (F) profit employer, ided in accordance with§264 (C) (1), oisadvantaged and the employment is prov and (H) of the Act. d with funds provided under Title 11 shall be consistent C. All education programs for youth supporte In addition, the standards and procedures with applicable State and local educational standards, rtifying educational attainment in programs with respect to the awarding.of academic credit and ce ts of applicable State and local law and under Title 11 shall be consistent with the requiremen regulation. shall be used for Employment Generating, Economic Development D. No funds under JTPA capitalization of businesses, investment in contract activities, investment in revolving loan funds, der Title 11 and Title III bidding resources centers and similar activities. Additionally, no funds un shall be used for foreign travel� for Public Service Employment E. No funds available under Title It (Part A, B, and C) may be used (PSE). 6. Indemnification �y defend and hold harmless the County, the Private industry Council, The Contractor agrees to indemnil , agents and volunteers from any and all claims, actions, losses, and its authorized officers, employees, rs or omissions, and for any costs or expenses damages and/or liability arising from Contractor's acts, erro unt of any claim therefore, except where incurred by the County and the Private Industry Council on acco such indemnificatiOn is prohibited by law. Ll Page Rev L C\DATAW0PLD\B01LERPL-,SyFr?% 7� Insurance Requirements h ded and m addj�on ��erekz Uhecon�acVzr s�aU y@thouc m any way a��o�ng �he mdemn/ty erem prov/ secure ndn�amtaindhrnughoutthecontnac� thefoUowmg �ypesofmsurancew/t� |im/tsasy�own A VVmrKers' Compensat|on A progr�m o� VVorker�' Compensahon insurance or a S�te-approved | ntorfomn :omeet all applicable nequirennentso��keLaoorCooe Be�Ansuna»caProg/ammanamount Employer's Liability with $250.800 \irniCs� coven»g all Persona of �he e���e of California muuu"'y providing services onbehalf ofthe contractor and all risks bosuch persons under this Agreement B Comprehensive General and Automobile Liability Insurance ' This coverage 0oinclude contractual d automobile vehicles.|i�biii�y oovena�eforowned. hired, and non-owned vehicles. The policy �o»enage and shall have combined singe| limitsforbodi|y injury and property damage ofnot less than one million doltara ($1,000.8QU). ion Liability Insurance ' Combined single limits of$1,080,000 for bodily injury and C, Errors and ] niss and inthesggregateor O Professional Liability - Professional liability insurance with limits ofatleast $1.000,000 per claim or occurrence. Additionalru''= "Nomned Insured - N '| policies, except for VVorkers' Compensation, Errors and omissions E. and Professional Liability policies shall contain additional endorsements naming the County and its ofh--r-' employees. agents and volunteers as additional named insureds with respect to liabilities ofsarvioeshareundar. anaingou�oftheperformance F VVaiverofSuboogadon Rights - Except for the Errors and omissions Liability and Professional Liability, Contractor shall require the carriers of the above-required coverages no waive all "y. `" of subrogation against the County' its officers, enp|oyees, agents, volunteers, contractors and subcontractors. E � Policies Phno�Y and Non-Contributory - all policies required above are to be primary and no n- conbibuhoryxbhany insuranceorself-insurance programs carried oradministered bythe County. H. Proof ofCoverage ' Contractor shall immediately furnish certificates of insurance to the CounCountyOepartmentodrnin|sbermgthecontractavidancingtheinauranneooverage. /moupmye"""",=....., above required prior to the oonnnnencannsnt of performance of services hereunder,, which_ ����seheU pnmide �� suchs� insuranceshallnotte �rmin�d mr ��no ��outmn� (30)ce dmVa. written notice huthe Department. and Contractor shall maintain such insurance from the time services hereunder until the completion of such serv/ces� Contractor commences performance cn Withinsixty (8O) days ofthe commencement of this Agreement, the Contractor shall furnish certified copies cfthe policies and all endorsements. \ 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 isnot 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 priced or �vai|ab\e . the RishKanager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage \inito, provided that any such change is reasonable in light of past claims against the couMh/, inflation, or any other item reasonably related %othe County's risk. A reduction �, w� �rforthe endnw nst�nn of Agr�� ent and any change requiring ny such ��var��� or |i � must be made by amendment ~ �dd��»�| typ�� o� i insurance limits this Agreement, Contractor agrees to execute any such amendment within thirty (30) days o/ receipt. Page 20 Bev. 4/y7 sK KXanagerand Une Coun�y Counse| ^ 8. Fidelity Bond The County may require that the Contracoorseouns a fidelity bond against any losses ofmoney and oter, pnoper�y -caused by any fraudulent ordishonest, ectcomim|tted by any emp\oyee, board member officer panner, shareho|derand/or trainee The bond shaU be limited to this Contract and shall name the County as o payee ss | oraddibono} insured for the purpose ofreimbursement ofany 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 ofMinors, and all other applicable regulations with respect to employment, wages, hours of labor. and industrial safety (if applicable). B Conditions of employment or training shall be appropriate and reasonable in light of such factors as work, . o the type of rk geographical region and pro� encyofthe participant. CHealth 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 presor|be, by regu|adon, such standards asmay be necessary to protect the health and safety ofsuch participants. O. No program under the Act shall impair (1) existing contracts for services'. or (2) existing collective bargaining Contraots, unless the employer and the labor organization concur, in writmg, with respect toany elements ofthe 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 herrnmehed 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 mVEffort A. The Contract will not result in the displacement of currently employed workers (including partial disp|aconment, such as reduction in the hours of non-overtime wod«, vvagee, or employment benefits). B The Contractor wUU | ���unath�tno �ob� Sh� becneatedinappornotiona| |inethsdvviUin�ingeinany � way upon the promotional opportunities of currently-employed individuals. 11. Non-Duplication of Service A Funds provided under this Contract shall only be used for activities which are in addition to those which would otherwise be available inthe area inthe absence of such funds. B Funds provided under this Contract shall not be used to duplicate facilities mrservices available in �h nr «v without t nairnbun��n)�nt) from Federai' ' S���� or local County sources, unless the p|on established that alternative services �r thearea (vvm/�hi faci\UUesv«nu|dbemore effective ormore likely to achieve performance goals, PugrZ/ Rev, 4/97 c^o^r^wnmmm`uunus,srpm 12, Pavment of Benefits f vvn e re a on a c�e %(Vheri acc c!e e-, Z�_� Z3 ,wages which snai; riot ne �ess tl-a- ­qrest rn�nfr�-,um. wa-e _�-cer 'ne F:a�r _�-­-c� Standa,a Act of 19-38 �bi tne minimu�r wage utr�er ne ;cpl�cabie State or 'or-a- mir�rr,,_�r , aq e law- or ic! the prevailing rates of pay 1cr ridividuais ernoicyed in similar occupations bv tne san-,�= employer B A trainee shall receive no ;)avments for training activities ir whicri the trainee fails to Pamcipate without good cause, C� No funds available under this Contract may be used for contribution on behalf of any particiDant, to retirement sy,-tems 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 Contract shall 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, X Conflict of Interest I 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 Rev. 4/97 Page 1-2 C.'DATAWOPM�801LERPUSYETP96 ° T�e Succcrrac��' s s�re�re wr *~cr s-�r zescr -�s -e��z�sec �r � '. ' neg0000ng any prospeoove emp|oymenc 2 The Contractor assures ttst vvUi establish safeguards to pruh/bitemployees from usm�, | — - ' - hor p nva�e position h—ra purpose thatgmes the appearance of being motivated ' a desire gain for themse|«es or otherspart|cu|ao/y those with whom they have business oro,ner Contcsc��rvviU not ao|ic� or accept money or ties. ���� ��� oremp���.� � � � ����� m any o1heroons|deranon �om a Unird person forU�e pe�orn�ance an vvho|e, or in part, by the Contractor orthe County. 3 The Contractor shall not subcontract with o former director, offioer, or employee within e 2' y !-e nod riod following the termination of the relationship between said parson and � Contractor- 4, Conductina Business Involving Relatives - No relative by blood, adoption or marriage of any \ e� of �on�nyc\or, will receive favorable treatment when considered execudveorampoy . � - �whh for ennoUn�entinprograms provided by, orannp|oymen . the Contractor. 5. Conducting Business Involving Close Personal FriendeandAssooiobas - Execudvesond of Contractor be particularly aware of the varying degrees or influence e/np\oyeeso e that can be exerted by personal friends and associates and, in administering the agreement, e willexercisedue diligence to ovoid situations which give rise to an assertion ' | treatment isbeinggronhadtofriendsandassooiates. G Further, the Contractor that no rnennberofits Board, of�cer, or employee or the ' Contractor shall have any interest, direct or indirect, in any contract or subcontract or the during proceeds for work to be performed in connection with this project u ng his/herhenure as such employee, officer, ormember ofthe Board. 7 Tha <�nn�ootorvvarrantothatithaa not paid, and vvi\\ not pay, to any third person any � money orother consideration forobtainingthisConbact O This agreement contains the andno agreement of the parties and supersedes all \ otherwise, and any other ogreennantbetween the parUas hereto. negotiations, verbal or orintended and vviU not b� construed to create the relationship of This agreements o� = agent, servant, ennp(oyae. pa�nerahip. joint venture orassociadonbetween the County and the Contractor. B. Nepotism 1 No relative by blood, adomdon, or marriage of any executive oremployee cd the Contractor will receive any favorable treatment for enrollment pnzvid�dby. or employment with, the Contractor, 2 The Contractor may not hire a person in an any oapacUy, staff position. or Work Experience/On-the-Job training position with funds provided by this Contract ifamember w that person's immediate family is engaged in a direct administrative capacity upon such person. NOTE~ A p�n��n |n Administrative capacity is a person ^ h n overalladministrative either has a responsibility for a prognBrn, or has responsibility for the administration, supervision, hiring, or fiscal responsibility ofthe Contractor's program. For more details, the Contractor should consult the Department for ail other matters involving"Conflict ofInterest, Nepotism,ohsrn. [|ode ofConducy'whiuhare not described mthis paragraph. Page 23 &c,, 4/P7 c.xnAT^Wvm/="`"="~...~ Report on Inventions. Patents ard C-opyrignts er If ary croiect crooduces catenta�le �terr,,s, catert r;cr7ts -1!S--cve �j r :nv t�;ors n e f-C Federal grant or agreernent, the Contractor�-znall relpocrt tne fact plrorrptlly anc fullY to thle County The County. or the State, or the DOL's representative Shall determine now the rights on the inverticr or discovery, inciuding licensing, reproduction. publishing. u+Hizt,*' k I tion. royaitj 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, Rev. 4/97 C 1,13ATAWOMBOILERPUSYETM Page 24