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HomeMy WebLinkAbout1995-242 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , RESOLUTION NO. 95-242 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR A GRANT AND TO ADMINISTER A CONTRACT WITH THE DEPARTMENT OF JOBS AND EMPLOYMENT SERVICES FOR THE SUMMER YOUTH EMPLOYMENT TRAINING PROGRAM FOR THE PERIOD OF JULY 1, 1995 THROUGH OCTOBER 6, 1995. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Director of Parks, Recreation and Community Services Department of the City of San Bernardino is hereby authorized and directed to submit an application and administer the contract, attached on Attachment 1 and 2 to this Resolution, on behalf of the City, from the San Bernardino County Jobs and Employment Services Department Job Training Partnership Act program for the period of July 1, 1995 through October 6, 1995. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of the City Clerk within sixty (60) days following the effective date of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an ad iourned reqular meeting thereof, held on the 10th July ,1995 ,by day of the following vote, to wit: / / / / / / / / / / / / / / / / 6-27-95 -1- tl'; I; ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND TO ADMINISTER A CONTRACT FROM THE SAN BERNARDINO COUNTY DEPARTMENT OF JOBS AND EMPLOYMENT SERVICES FOR THE SUMMER YOUTH EMPLOYMENT PROGRAM FOR THE PERIOD OF JULY 1, 1995 THROUGH OCTOBER 6, 1995. Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x ~~t~ The foregoing resolution is hereby approved this l3Ij, day of , 199~. Julv r- / C7Yh ~)t~ Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: James City -2- 6/27/95 CJ:RBSO-JTPA SmOllnl. YOUTH GRANT fir,' 'I) ~ ?:~,~, , ,--:, . " .<:,. . --,,;6" .. '\../ " / /<.-,'/ -"-/ / J:loo i\) I~ - .,\.~'-- 1=; " "':1 j ~:'>" ,o..Ci . --, \ \ v\ l~0- i" "0 ( JZ,,?'-'-f.' it 9 S - ;J y;;L . , \'L\' ement is entered into by the County of San Bernardino. hereinafter referred to as the "JTPA Service Delivery Area" and rr-rv n" 0"'1 R"R1\TARDr1\Tn PARKS RFr.RFATTON & COMMUNITY SERVICE DEPARTMENT hereinafter referred to as the "Contractor," 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. as amended in November 1992, and any regulations which may replace or amend JTPA, REcti'VEO ~\ ~, , JUL 24 ,QC1'1 :-~j J ,COUNTY':o/ SAN BERNARDINO AGREEMENT JOBS ANp'~PLOYMENT SERVICES DEPARTMENT -(':\A EMENT SIGNATURE SHEET Z ,. ,--"unt) File ~umber' Cf5 -6 :15' A4EZ320-51 JTPA Agreement No.: The Contractor agrees to abide by and adhere to all provisions of this Agreement. The Service Delivery Area agrees to reimburse the Contractor in accordance with the terms and conditions of this Agreement for allowable expenses incurred to the extent that such expenses are described herein and are incurred within the period of this Agreement and are allowable under current policies and regulations of the Act, the State of California and the JTP A Service Delivery Area, CONTRACT AMOUNT: $ 50,000 PROJECT NAME: Summer Youth Employment Training Program (SYETP) PERIOD OF AGREEMENT: . July I, 1995 / October 6, 1995 Beginning Date Ending Date Date: AUG 01 19q5 Name: MARSHA TUROCI SDA: ~C:XRN~O C!,NTRA~. M By: ~-<~.-r~/~':;;;o.. . Date: J i< 2- 1'7 J Iqq 1!> Name: TOM MINOR Title: Chairman of lbe Board of SUpeCViJofS Title: MAYOR APPROY~D )S TO FORM: By: 01. ~~ rf~.a/1/t4:. " Date: 7/20/95 Name: L. THOMAS KRAHELSKI Title: Deputy County Counsel c. Rev, 4/95 SYETP95 l':I&e 1 I( IJ - ,; V':: ~ i .r TABLE Of COr-;TENTS Page Number . Contract Signature Page 1 . Table of Contents , . Agreement Summary 3 . Certification Sheet 4 . Statement of Work 5 - 14 . Budget Statement 15 . Attachment #1: Job Titles and Worksite Location (Planned) 16 . Attachment #2: Target Group and Population Segment Plan 17 . Attachment #3: Program Equipment (Proposed) 18 . Attachment #4: JTP A General Provisions 19 -25 . - -- l'2ae; Rev. 419' SYETP9' ~. (i>. . c:; (/./... AGREEMENT SUMMARY FUNDED AGENCY Name: CITY OF SAN BERNARDINO Street: 547 NORTH SIERRA WAY City/Zip Code: SAN BERNARDINO 92410 Program Director: AUDREE V. JONES _TAYLOR Phone Number: (909) 384-5131 Contact Person: YVONNE KNOX Phone Number: (909) 885-2696 Program Activity (check items that are applicable) (Rev. 1/95) SDA SERVICE AREAS (represent areas where the services are provided) o A-I West Valley areas Gli A-2 Central Valley & Mountain areas o A-3 East Valley and Low Desert areas o A4 High-Desert areas LENGTH OF FINANCIAL AGREEMENT (allowable period under which costs may be incurred) From: July 1, 1995 To: October 6, 1995 o A . Assessmentllnlake Activity ~ B . Basic EdfRemedial Education o I - On-che-Iob Training (OIT) OK. o S - Supponive ServicesiNBP o T - lob Devllob ClublPlacement o L - Limited Internship (youch) OM- Case Management (SDA) ON- Individual Skills Training 00- o P - Pre-employment Skills/W ork Maturity Skills (youch) o Q - SchooI-to-Work o R - JUpid ResponselBasic Readjusbnent (EDWAA) DC. o D. DE- Education for Employment (youch) OF- Vocational/Skills Training o G - Customizedllndustry Specific o H - lob Specific Skills (youch) 01- PLANNED PROGRAM DIMENSIONS Total Enrollments Terminations include: . Completed Training . Not Completed Training -- Rev. 4/95 SYETP95 o u- . o V - Voc, Exploration Skills OW, Work Experience OX- Entry Emp. Exp. (youch) o Y - Work ExpfRemedial Ed/Pre-Emp- Work Matunty Skills (SYETP) oZ YOUTH 14-21 20 18 2 Pale) " CER TlFIC.\ TlO~ A Chief OfficIals/Officers of the Board of Oirecto.s (lis! ..ames and titles) 1. TOM MINOR, MAYOR EDWARD V. NEGRETE (FIRST WARD) 2, F. J. CURLIN, M.D. (SECOND WARD) RALPH HERNANDEZ (THIRD WARD) 3. DAVID OBERHELMAN (FOURTH WARD) JERRY DEVLIN (FIFTH WARD) 4, VAT ERTE 1'01'-T 11nT AM (STXTH WARn) NORINE MILLER (SEVENTH WARD) B, Chief Fiscal Officer, Bookkeeper or Accountant: Name: BARBARA PACHON/CATHY JOHNSON Address: 1nn NO'R'T'H tin" c:.'T'RFf"'T' C:AN lU,'Rt\TAonTM" ,,^ - 9')/.1" Phone: (909) 384-5233 C, Date this Organization was founded: Month: Day: 95-608072 Year: 1810 D, State ID Number: Federal ID Number: 95-608072 . This is to certify that the above information is true, complete, and correct and that TOM MINOR, MAYOR of (NlIIIO of ConlnCl Si......ry OfIitial) CITY OF SAN BERNA&PINO Ol'JamzalIOD is legally authorized by its governing body to enter into this Agreement and other related transactions on its behalf. ~~ TOM M~' Name Itle (MAYOR) 300 NORTH "D" STREET, SAN BERNARDINO, CA 92418 Address (909) 384-5133 Telephone -- Pale 4 Rev, 419' SYETP9' /f .j'" .,~,: ,V' , I. GENERAL DESCRlPTION Rev,4/9S SYETP9S (Briefly describe the Iraining program. including a statement of work. 10 be performed and specific fe.atures of the proKram. Text must be specific. concise. and clear. ActivlCies under SYETP shall be oil combination of work.based trainina and classroom.based traming, Work.b.ased training includes Work Experience. Classroom-based Traininc shall include Pre-EmploymenllWort Maturity SkIlls and/or RemediallBasic Education Skills. Completion of an Objective Assessment and development of an Individual ServIce Stralegy (155) for panicipants must also be described. In cooperation with the City of San Bernardino Parks, Recreation and Community Services Department and the County alternative schools proposes to train 20 low Income participants who are between the ages of 14-19 at the rate of $4.50. The 20 participant Involved In this program will be provided work experience In the following areas. 1. Park and Facility Maintenance 2. Recreation Leadership 3. Inventory and Supplies Accountability 4. Office Assistant Selection criteria will reflect SYETP's focus on low Income youth with barriers that might prevent them from finding gainful employment. A "most In need" criteria will be based on the Identification of the following specific barriers: Potential Dropout, Teen Parent, Teen Pregnancy, Minority, Handicapped, Foster/Group Home Student and Drug/Alcohol Abusers. All participants will be placed at worksltes with In the department of Parks, Recreation and Community Services systems. PrImarily using City Parks, Playgrounds, Community Centers and for programs. All participants will be under the supervision of train qualified employees of the City of San Bernardino Parks, Recreation and Community Services department. All students will be required to attend a three day training and orientation session with full-time supervisors and part-time City employees of Parks, Recreation and Community Services Department. The training will Include: safety, work experience, park and facility maintenance, recreation leadership and public Image. . In addition to the three day training, the participants will be provided ongoing training related to pre-employment and work maturity skills. This training will Include the topics and subject matter In completion of employment applications, resume writing, Interviewing skills, career options, Interpersonal skills, budgeting, financial management and Image. One of the primary goals of this project Is to create a linkage with the City and County to provide an educational and employment path for the students who live In the community, participate at the various facilities and now may have the opportunity to work and attend school In tbeir own environments. Pap t1r~ - . ~ 7 - ~,_ / Cont from General Description: The Youth that are required to attend remedial training will complete 56 hours of training in the following areas. * Reading Math Social * * All students will be given a pre-test, post-test administered by a certified instructor from alternative school program or the educational system to assess his/her grade level to determine the need for remediatlons. The tool for testing shall be the C.A.S.A.S. other testing shall include but not limit the C.A.P.S. (Career Ability Placement Survey and/or C.A.T.-S test). 7; ~ ADDITIONALL Y: (For items not described on Page 5. provide additional descriptions of the service to be delivered. Includ~ scnedule of activities and/or other details which will constitute a "Statement of Work.) SCHEDULE OF ACTIVITIES July 1, 1995 through July 14, 1995 Planning phase may include: program planning: worksite and job slots development; hiring of staff; in-service training; recruitment process. July 17, . Assessment and Individual Strategy Service (ISS) . Orientation to Panicipants and Worksite Supervisors 1995 through September 30, 1995 Panicipant's time in Program (tentatively) September 30, 1995 through October 6, 1995 Final phase may include: Program evaluation and repon; final claim and reimbursement; closeout of contract. Rev. 419S SYETP95 SPECIFICATIONS: . Worksites to be selected for Work Experience in SYETP must be Public Agencies or Private Nonprofi~ Agencies, Work Experience is shon-term or pan-time assignment designed to develop basic job skills and good work habits for individuals who have never worked, or have been out of labor force for an extended period of time. . A youth may panicipate in Work Experience for a duration of greater than 500 hours, The requirement for Work Experience and the length of time should be recorded in the Individual Service Strategy (ISS), Pre-Employment/Work Maturity Skills cannot exceed 200 hours, . 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, This definition does not apply to the Out-of-School youth and/or schools operating on a year-round, full-time basis, . OUl-of-school Youth can be enrolled in the program beginning May 1st or thereafter, and must be terminated from the program on/or before September 30th, or on/or before the terminating date of the contract, whichever comes first, . Students attending schools that operate on a year-round. full-time basis. can be enrolled in the program during vacation period treated as the equivalent of a summer vacation; however, the contract period will prevail and no students in year-round school can be enrolled prior to the commencing date, and/or remain in the program beyond the terminating date of the contract, NOTE: For more details, the Contractor should refer to Field Memo SB 94-29 of 9/28/94 which provides definit~f In-Sthool and Out-of-School. Pa.c u' -~ II NOTE: Rev, 4/95 SYETP95 ESSENTIAL PROGf ELE~tENTS Descnbe the method of accompllshmen[ of tlach area lISle(', below 'f anomer agency IS directly Involved In the process. descnbe the e~tenl of Involvement. I. OUTREACH/RECRUITMENT: (NOle In-school. Out-<Jf-School, Private School Students and all Eligible Youth can be served); describe: 2. OBJECTIVE ASSESSMENT: (Each panicipant must be provided with an objective assessment of hislher basic skills and supportive service needs. This may include review of academic. occupational skills. prior work. experience. employability, interests and aptitudes); describe: 3. Each participant will be provided with an objective assessment of his/her basic skills by administration of an objective test, the C.A.T.-5, or CASAS, evaluation will be scheduled at given in tervals which will be negotiated with the sub-contractor. Participants will be evaluated in relationship to their performance on the work experience components at the mid point and prior to termination of the project, The remediation skills component will be instructed under the direc~on of the County of San Bernardino Class Alternative Education Program or Sub contracted out to a certified educator. (See second sheet) INDIVIDUAL SERVICE STRATEGY: (formerly EDP; individual plan which shall include an employment goal, appropriate achievement objectives, and appropriate sequence of services for participant); describe: Results of the skills assessment, review of participant records, and participant interview to determine interests will be used to develop an appropriate Individual Service Strategy for Work Experience, Remediation and Pre-employment/ work Maturity Skills training, . A recent assessment and Individual Service Strategy conducted by other non-JTPA agencies (JOBS. regular high school academic program, etc,) which is completed within one (1) year of application for services, may be used to comply with requiremems described in Paragraph 2 and 3 above. 4. INTAKE PROCESS: intake eligibility will be perfonned by the Contractor. The Contractor makes preliminary determination of eligibility, initiates and prepares all required MIS forms, including the Client Application/Registration ERF Fonn, the ReferralJEnrollment (EEF fonn); the Status Change (ESFa fonn) and the Placement information ESFb fonn), when applicable. The SDA lntake Personnel shall review and make finaI determination of client eligibility and execute/sign the required MIS forms, ORIENTATION: Participants and Worksite Supervisors will be given orientation in regard to program goals. work assignment and schedule, labor laws, anendance, accident report, civil rights. health and safety, cause for termination, etc, Participant and Supervisor handbooks or any similar materi~ll be distributed to all persons involved, using the SDAs sample guide, 5, Paie 7 ~~. , ~~ Cont. from Page 7 Essential Program Elements 2. Objective Assessment: The remediation component will include emphasis in reading and math and academic enhancement utilizing the C.A.T. -5 test. Each participant requiring to return to school will receive a minimum of two hours of remediation daily, (' ,,'-- " 6. COUNSELING (descnbel Counseling will be provided by two staff members who are available during the hours of SYETP operation. Youth will receive one on one counseling twice a week for the purpose of discussing personal issues and building self-esteem and providing the critical thinking skills to impower the youth to succeed. The counseling will (1) 8 steps in Critical Thinking, (2) Attitude development (3) Controlling self-talk (4) Anger Management Skills (5) Choices (6) Positive motivation vs negative motivation, (8) Success through visualization (7) Action Plan. 7. SUPPORTIVE SERVICES/NEEDS-BASED PAYMENT: (if funds are allocated 10 the contract, the Contractor shaJl review/approve/provide and pay those services. Needs (or Supponive Services/Need.s~Based Payments should be recorded in the Objective Assessment; (ollow the procedural rules on Supponive Scrvices/Needs.Based Paymcnu; describe: Each individual, on a case by case basis, will be assessed for supportive services needs. If services are needed, they will be offered using contract funds. Services provided we recorded on the IS5. 8, JOB PLACEMENT: (means employment llCI financed by ITPA funds .fter participant's completion of S,YETI'; indicate whether such services are available (or panicipants); describe: The city's SYEP staff will provide assistance within their capability, in finding employment for participants following completion of JTPA training, Those participant who meet the age requirement and have a excellent performance will be hired by the City of San Bernaridno Parks, Recreation and Community Service Department, . III. PROGRAM POLICIES/PROCEDURES Rev,419' SYETP9' I. ELIGIBILITY FOR SERVICES: An individual is eligible to participate in SYETP if such individual is: a) age 14 through 21 b) economically disadvantaged c) Eligible for FREE meals under the National School Lunch Act during the most recent school year Additionally, the Contractor assures that it shall provide training and employment opportUnities 10 those who can benefit from, and who are most in need of. such opportUnities and shall make efforts to provide equitable services among substantial segments of the populalion (JTPA U4Ia). CAurION: Tbe "10' window provision" wbich authorizes the non-economica1ly disadvantqed to partidpate in JTP A tJ'aiDiaI JlI'OII'lIIDS does NOT apply to SYETP. -- Pa,e 8 l',/, 2 WORKERS' '. IPE"S '-.~ ."l ATION INSURA~CE, I(n Ju.:ordaJll.:e .....Ith ~1~3 1:.1) 131 or the Act on wOOr Standards. the Workers' Compensallon Insurance covera!!!e must be made available with respect to lnJunes suffered by partlclpamsl Dcscnbc . Workers' Compensation Insurance coverage is provided for participant, using funds provided by this S YETP Contract. Certificale of W. C. Insurance is on file at the Contractor's office, with a copy sent to the Department, for files. 3. PROGRAM MANAGEMENT: (systems deSigned for apprising program management of both programmallc and fiscal perfonnance on a regular basis. lndicate the type and frequency of repons. meetings. conferences. or other methods in program management); describe: Program management will be the primary tesponsibility of the Program Coordinator who will exercise control of the program through worksite visits and documentation of such visits will be made. Weekly meetings with staff will take place to review programatic ad fiscal operations, and adjustments will be made accordingly. 4. ACCOUNTING and INTERNAL CONTROLS: (systems chat may include Accounting Principles and Practices, Maintenance of Records. Transactions/Financial Reports. Claims for Reimbursement. Internal Control Structure to assure compliance with laws. regulations and contracts); describe: · Proper accounting controls will be implemented to ensure the accountability of all. funds received and expended or disbursed under this Contract. Records supporting financial transactions are maintained in file. . Request for Reimbursement will be prepared and submitted before the tenth (10th) working day of each month to claim the actual expenditures incurred during the previous month(s). . Internal control structure to prevent fraud, misuse of funds and to assure compliance with laws, regulations, grants and contracts will be implemented, 5, COST ALLOCA nON PLAN (method to ensure funding source is fairly charged; or the process of distributing costs or services to a nwnber of OIher programs, grants, funding ~; plan must be submitted and on tile at SDAs office); ~ribe: San Bernardino has a cost allocation plan in effect to prevent improper charging of funds and the charging of expenses to the appropriate funding sour and category, All finances related to this project will be administered through the City of San Bernardino Finance Department and the Parks, Recreatio and Community Services Department through a federal grant, funded by the County J.T.P.A. with an establish trust account. All payroll disbursement, reimbursement) accounting matters related to this project will be administered according to the established guidelines of the City. All payments for service rendered in this project will be done by City Vouchers and/or Purchase Orders. No cash transaction will be permitted. 6, WORKSITE AGREEMENT: (for work-based trainin&, . Worbitc Agrocment must be developed and signed by the ConlnlClor and the Worltsitc Operalor); describe: . The Contractor is responsible to conduct pre-monitoring and evaluation of worksites, based ~e natUre of the training provided and the career interests ~f tJ.1e ~anicipants, The Department reserves the right to reject/withdraw any workslle If It does not meet qualifications for worksite selection. Rev, 419' SYETP9, ~1.9 'I -- . Th~ C,- .actor shall maIntain 0n (de:.l (Up] uf 'Vv'u', wIth one (1) copy forwarded to the Department, Works;te Supervisor and the Pamcipam. .te-\greement betVoeen buth partIes. and one (l) evpy each gIven to the PROGRAM INCOME or AVERAGE DAIL Y ATTENDANCE FUNDS: (Indicate whether or not the program will generate any ADA funds. revenue. or income. If so, include estimated amourll and source. ADA funds must be used primarily for teacher's salary. ITPA funds can only be used to supplementlsuppon the teacher's salary when ADA funds are not available and/or are not enough); describe: No program income is generated as a result of this contract. 7. I GRIEVANCE PROCEDURE: (!ntemal procedures to be used for resolving grievances or complain1s. including the specific steps a participant must follow, and the time limits for resolution. The ContraCtor can use the sample (ann provided by the Department, or use the guide shown below); describe: 8. (a) Complaint/grievance identified verbally and discussed by participanlS with SpeciaIis t (position tiOe) (b) Complaint/grievance identified in writing and discussed with Coordinator (position tide) (c) Initial hearing on grievance; complainant. witnesses. contractor or representative meet to resolve grievance, Same day or within 24 hours maximum, If not resolved, go to next Step, Same day or within 3 days maximum, If not resolved. go to next Step, Within 7 days after receipt of wrinen complaint; if not resolved. go to next Step, . Within 20 days of filing of grievance; if not resolved. go to next Step, Contractor will be notified of the actions taken by the Department and resolution of the complaint; decision shall be made within 45 days of filing of grievance, The Contractor shall provide each participant with a copy of ilS internal JTPA Participant Complaint and Hearing Procedures upon enrollment into the program. The Conuaaor shalll112in..in on file a copy signed by the participant, with the second signed copy given to the participant. (d) Final hearing on grievance; all parties meet to resolve grievance, (e) AIl documenlS. procedures, and reports forwarded to the Department for appropriate actions according to DepartmetU's Grievance and Hearing Policy of 5120/91. -- Rev, 419' SYETP9' Paae I 11' - -- ~/_. IV ADDITIO:-'.-\L 5TIPL ,[10:-'5 1. Continued funding or modificatton of (illS Con,ract to increase funds will be contingent upon the avaIlability of funds. Also, the County makes no commitment to fund this project beyond the terms of this Agreement. 2 The County may unilaterally suspend and/or tenninate this Contract if grant funds to the County are suspended or lenninated. or if the Contractor refuses 10 accept additional conditions imposed on it by the Depanment of Labor. the State lTPD. or the County. In the event of such suspension or tennination, the Contractor will be paid. up to the date of suspension or termination, for any amount which is properly incurred by the Contractor as a result of performance of this contract, 3. The Contractor shall not incur expenditures prior to the commencement date. and after the tennination of this Contrac!. In addition, at the expiration of this Agreement, or upon termination prior to the expiration, funds not obligated or expended shall revert to the County. 4, The Contractor assures and assumes full responsibility under the Act, in compliance with safeguards against fraud and abuse as set forth in the Act. and pursuant to Deparunent's Policy of July I, 1990 (Rev. I) regarding Report of Fraud and Abuse. 5. The Contractor shall operate a County of San Bernardino lTP A Program in accordance with the Contract policy as approved by the Private Industry Council and the San Bernardino CountyoBoard of Supervisors: and as set forth in the County's Grant Application. which is incorporated herein by this reference. 6, The Contractor shall comply with all provisions contained in lTPA General Provisions, which are part of the complete Agreement, . 7, The Contractor shall be paid, on a cost-reimbursement basis, for allowable expenses under the terms and conditions of this Agreement, The Contractor shall invoice the County on the tenth (lOth) working day of each month for expenditurcs actually incurred during the previous month(s). Additionally. the Contractor must report and submit all final claims for Davrnent within the final closeout of Contract. which is due thirry (30) days after contract tennination, 8, The Contractor shall be responsible for any funds expended on participants who were found ineligible for JTPA services. or found in violation of rules. regulations, JTPA grant or contract. Also. any disbursements made under this Agreement are determined to be a disallowed cost through monitoring. audit. investigation. or review of records. reimbursement of said amounts will be made within forry-five (45) days after notification. If said reimbursement is not made within the Staled time. the CoWUy may withhold said amount from non-Federal funds that may be due or become due the Conuactor, Further, the County has the authority to withhold funds under this Agrccmcnt, pending a final determination by the County of questioned expenditures or indebtedness to the CoWUy arising from past or prcscnt agreements between the CoWUy and the Conuactor, Additional!)'. pa~ to the Conuactor may be withheld by the County if the Conuactor fails to compl~ any provisions of this Agreemelll. ..... I Rev, 4/95 SYETP95 j~ 9 Where Il3btlllj .r Jebt culkcuun IS de,enTIlneJ {O be Jt ,he ._entrleIOrS kvel. lhe COntfJCIOr wtll be responsIble for lhe deb!. When a debt IS establIshed as a result of an audIt, a mOnitoring findIng, an Investigation, or other means, appropriate action will be talcen by the County to collect the debt from the Contractor. pursuant to the Depamnent's Debt Collection Policy (Rev. I) of October 30. 1990, and/or Policy on Audit Review and Resolutions (Rev. 2) of September 16, 1991. 10. The Contractor shall assure that funds provided by this Agreement must be used exclusively for activities authorized under this Title Program. Commingling and/or diverting of funds to support the activities of other programs is NOT authorized. Documentation supporting expenditures should be made available at all times for audit and monitoring purposes. For cash management. the Contractor shall not be required to maintain a separate bank account for this training program, but shall separately maintain an accoum for Federal funds (including HPA) on deposit in a bank insured by Federal Deposit insurance Corporation (FDIC). 11, The Contractor shall assure that programs and activities funded under this Contract are conducted in compliance with program limitations. and with laws and regulations, including, among others, the Federal Non-Discrimination Laws, ~503 and ~504 of the Rehabilitation Act of 1973. the Fair Labor Standards. System to Handle Equal Employment Opportunities Issues, Complaint and Grievance, Health and Safety conditions, the Child Labor Laws/Employment of Minors, etc. 12. The Contractor is responsible for monitoring its HPA Program activities on and off-sites. The monitors shall make a written record of their findings and share them with the Worksite Operators, Program Manager/Director and the Department's monitoring team, The Comractor is also responsible for developing its own monitoring guide and for documenting visits by its staff, 13, 14. 15, Rev,419' SYETP9, Additionally, the County reserves the right to monitor and visit, announced or unannounced, the Contractor's program, including visits to all locations, offices, and training sites at any time durinllo normal business hours, The monitoring shall be conducted in accordance with HPA Directive 93-10 of 7/29/93. the Department's monitoring guide and Policy on Monitoring of HPA Operators (Rev, 1) dated 12/2/91. Panicipant's File Records: Panicipant records to be maintained by the Contractor shall include, but are not limited to, the following: Eligibility Documents, Assessment, Individual Strategy Service (155), Orientation, Worksite Agreements, Counseling Notes, Registration and other MIS forms for enrollmentlcompletionlplacemelll, training information, and schedules that may include Pre-test, Post-test for Pre-EmploymentlRemedial Training/ Academic Enrichment, Internal Complaint and Grievance Procedures, timecards, payroll, work permits, medical releases, certification of free meals, and other documents required by JTPA. 16, The Contractor shall be responsible for the arrangement and procurement of an audit in accordance with the Single Audit Act of 1984. and agrees that it will provide the County with a copy of its Annual Audit Report, or JTPA Financial and Compliance Report, whichever applicable, The Contractor shall provide the County (on form provided) a cenification stating that the organization and its principals are not debarred or suspended from doing business with governmental agencies, pursual\l to Executive Order 12549, The Contractor shall provide the County (on form provided) a cenification stating that their organizatiqp. and its principals shall not use funds provided by JTP A in any lobbying activities, and/or !lfee to submit Standard Form LLL "Disclosure Form to Report Lobbying" if any funds otlw than Federal funds have been paid or will be paid for such activities, Pace 12 ':'Y";- / Rev. 4/95 SYETP95 r:--" I_-!~t~ j~: ,~.. ->- ,~~: j~.""; .-:~ ,,-,,: ;',: _ ~:'.~ '~: '~. _:..:. .J. ~::-: :'....J.t.' :, -:..lLr.,l ::-'.J[ l( 'A III nl.llntJlfl J Jrug-rr~~ ~\.'r~pIJ';:::= pur')uJnt (0 {h~ Dru~.Fr-=~ \\,)rkpla-.:e .-\..:[ 0t 1988 - 18 Therefore. pnor to the execution of this ,-\Qreement. the Contractor shall submit to the Depanment. the followmg documents. - . Cost Allocation Plan Copy of Complaint and Grievance Procedures Copy of Comprehensive General and Auto Liability Insurance Copy of Workers' Compensation Insurance Cenification regarding Compliance WIth the Single Audit Act of 1984 Cemfication regarding Disclosure of Lobbying Activities, Debarment/Suspension and Drug-free Workplace Certification regarding Non-Discrimination! Affirmative Action Compliance . . . . . . 19. Program Income: Program income is defined as income received by the Contractor directly generated by a grant or subgrant supported activities. or earned only as a result of the grant or subgrant. Such income includes income from fees for services performed and from conferences. from the use or rental of real or personal propeny acquired with grantlsubgrant funds, from sale of propeny or sale of commodities, or ilems fabricated under a grantlsubgrant. from revenues earned by goverrunental/public or private non-profit agency in excess of the actual costs incurred in providing the services and from interest earned on advance of grantlsubgrant funds. etc, The Contractor may retain any program income earned only if such income is added to the funds committed to the lTPA grant and used for JTPA purposes, and under the terms and conditions applicable 10 the use of the grant, The Contractors receiving funds under lTP A shall maintain records sufficiem to detennine the. amount of income received. and the purpose for which such income is expended, For more details, the Contractor should consult the Departmem for other requirements involving "Program Income and Interest Earned" which are not described in this paragraph, 20, Purchase, Lease, or Lease 10 Purchase of fixed assets or equipmem or propeny using funds provided by JTPA requires an advance approval of the SDA, Request to purchase/lease/lease to purchase of equipmem must follow the procedural rules adopted by the SDA, In addition. any propeny, equipment. assets furnished to the Comractor by the County and/or purchased by the Contractor with funds from lTPA must be used in connection with, and/or in support of. JTPA training programs, and shall remain the propeny of the State of California/County of San Bernardino. In the evem of termination. the Conuactor shall return such equipment or assets' to the County or dispose of them in accordance with the directions of the County, For more details. the Comractor should consult the Departmem for other requirements which are nOI described in this paragraph, - Pale I '1" 'J-- /' C 21. $ubcontr.c<s/$ub.greemenls 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 notlimiled to, the following requirements: \. Compliance with all JTPA regulations 2. Stipulation to hold the County harmless as a result of Subcontracting 3. Training/Retraining and other applicable services to the participants 4. Indemnification and insurance requirements imposed on the Subcontractor Copies of all executed subagreements must be forwarded to the CoWlly within seven (7) days after their execution, The Contractor acknowledges the requirements and agrees to furnish such documents as a condition to receiving payment, In addition, the contractor shall also notify the County of any default, termination, or findings of disallowed costs under these subagreements. 22. Advance Funds The County. at its discretion. may permit an'advance payment, based on anticipated expenditures and cash flow needs of the Contractor. Funds advanced shall be expended only in direct support of this contract, and any advance funds received by the Contractor are subject to repayment. I Release of advance funds and repayment are executed according to procedural rules adopted by the County Department of Jobs and Employment Services. . -- Pa&e I Rev, 4195 SYETP95 .I, , L/' _ i..,L V, COMPENSATION A..'1D BUDGET STATEMENT NOTE: (1) (2) (3) (4) (5) (6) (7) Rey, 419' SYETP9' The County shall pay to the Contractor an amount not to exceed: Fifty Thousand Dollars and no cents Dollars ($ 'in nnn ) for complete and satisfactory performance of the terms of this Contract. In no event shall the total payment for the agreement period exceed the compensation set forth above, except as provided for by an amendment to this Contract. (Complete the budget below. Indicate if other funding sources are also used [0 support the program; if none, leave blank). Funded from COST PRINCIPLES JTP A Funded Other Sources TOTAL A, Administration 2,500 2,500 B, Direct Training 40,000 40,000 .(Participant Wages and Benefits) ( 27,500 ) ( ) ( 27,500 C, D, E, Training-Related/Supportive Services Total Budget Funds Requested 50,000 7 500 50,000 o 50,000 . Administrative Costs cannot exceed 5% of total budget; Participant Wages and Benefits must be 55% or more of total budget, The rate of pay currently applicable is $4,50Ihour; number of hours paid must not exceed 40 hours/week. 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, 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, JTPA ~143 (a) (5) specifies: "No funds availablt! Undt!T tht! Act may lit! ust!dfoT contribution on bt!ha/f of any parridpanJ to Tt!tiTt!mt!nl systt!ms OT plans, " Department of Labor's Notice #5-91 of7/23/91 and Rev. I of 11/22/91, DOL Lener 27-91 of 6/25/91 and JTPA Information Bulletin 9-21 of 1/16/92 recommend that, effective 7/1/91, FICA (including Medicare) be deducted on all participant wages if those participanlS were not members of a retirement syslem, These guidelines also Slate: "Employt!Ts who do not rnolct! FICA paymenlS run tht! risk of having to malCt! Tt!/roactiVt! paymmts, " Participant's benefilS include the Workers' Compensation Insurance and other insurances or training taxes, if required, __ Contract funds can be used to subsidize the Contractor's portion of FICA paymetll, currently 7.65 %, including Medicare. Pale 1 S ", -- ,,,' . / JOB TITLES Allffi WORKSITE LOCATION Agreement Number: A4F71?() 'i1 Job Titles Recreation Aide Recreation Leader Clerk Assistant Senior Recreation Leader Park Maintenance Wading Pool Attendant Tiny Tots Instructor Day Camp Instructor TOTAL: -\ltJ...:l.IT.c:1l :f i Contractor: CITY OF SAN BERNARDINO Worksite Location (Street address and Phone Number. Do NOT use P.O. Box * Johnson Community Center 906 Wilson Street San Bernardino, Ca 92411 (909) 384-5425 * Rudy C. Hernandez Center 222 North Lugo San Bernardino, Ca 92410 * Ruben Campos Center 2525 West 5th Street San Bernardino, Ca 92410 (909) 384-5421 * Delmann Heights 2969 North Flores San Bernardino, Ca (909) 384-5417 92411 . * Mill Center 590 Central Ave San Bernardino, Ca 92408 * Lytle Creek Center 380 North "K" Street San Bernardino, Ca 92410 (909) 384-5424 * Nicholson Center 2750 North 2nd Street San Bernardino, Ca 92410 (909) 874-3423 * Activity Center 557 North Sierra Way San Bernardino, Ca 92410 (909) 885-2696 This form should be ..mplete<f for Wor1l Experience Program only. List all job titles and wor1\Sites developed for this training program, If more spaces are needed. make additional sheets, Rev, 419' SYETP9, Pa&e I 1/1:" ...., ,t'__ ~ - \[lJ(:--,:I~t:nt ~ ~ JOB TITLES '\'''1) WORKSITE LOCATION Contractor: Agreement Number: A4EZ120-51 CITY OF SAN BERNARDINO Job Titles Worksite Location (Street address and Phone Number. Do NOT use P.O. Box SITES CONT. PLAYGROUND: * Davidson Elementary School 2844 Davidson Street * Inghram Elementary School 1695 West 19th Street * Roosevelt Elementary School 1554 Garner Ave * Ann Shirrells Park 1367 North California Street * Highland/Pacific Elementary School 3340 Pacific Ave * Newmark Elementary School 4121 North Third Ave * Wilson Elementary School 2894 Belle Street * Center For Individuals With Disabilities 8088 Palm Lane Drive San Bernardino, Ca 92410 (909) 384-5426 TOTAL: This form should be ..mplete<!' for Work Experience Program only. List all job titles and worksites developed for this training program. If more spaces are needed, make additional sheets, Rev, 419' SYETP9, Paie 16 J ,/- u ... , -\ttachment .: TARGET GROUP Complete information below to indicate target groups to be served. Planned Enrol/ment :-lumber to be Enrolled 20 School Status Number of In-School Youth, or 18 Number of Out- of-School Youth 2 Hard-to-Serve Requirement Number % of Enrollment Basic skills deficient 10 50 % Educational attainment that is one or more grade levels below (in-school youth) or % school dropout (out-of-school youth) 2 10 ~/o Pregnant or parenting 7 10 % With disability, including learning disability 2 10 % Homeless or runaway % Offender 4 20 0, ,0 I Member of family receiving public assistance 18 90 0/0 % Significant Population Segment Plan Male 12 60 % . Female 8 40 % Total oercenta2e must be eauallo 100% Age 14 - 15 7 10 % Agel6-2l 18 80 % Total oercenta2e must be eQual to 100% White 1 7 % Black 10 50 % Hispanic 9 48 % American Indian! Alaskan % Asian/Pacific Islander % Other % Total oercenta2e must be eauallO 100% Residency Central Valley 19 98 % West Valley % High Desert 1 7 % County-Wide % Total ""rcental!C must be "",.~I to 100% Populltiou Segmout melDl: A group wltIIla the local poplllldoe whose chlnderlsdCJ CIllM iIldlvlduaIJ wllhiD thom 10 uporieuco UUQJUI. diMcuUy IA obllilllDC employmelll. - - Auy devilliou from lhe Populldou Segmeal Plo proposed by the CoelnclOr wollld requin I JQJllftcadou. Further, the Coulncto. recOlJlize. that the Couul)' .IY DoC cODlnet for the ful1ln with oy ol'lllllizadoe which Is IA _ompHo.. widltbe PIa.. or it bas beeD delermiDed tbltthe CODlnetor bas .ub.tllDdaJly "DIlled the P\aa. c:\wmlIdi..doc: , Pap 17 _n (j'l::.:;.' --_\f.J' ~ - Comractor: CITY OF SAN BERNARDINO hem Smith Corona Electric 1 Typewriter w/Dictiona y Oval Conference Table 1 Tables Chairs Bullentin Boards Calculator 12 digits (2 colors) Public Address System 1 Roving Rostrum Conference Chairs Video Camera Clock -\tt.lChmt:nt .3 lTPA Agreemem 4. A4EZ120-51 PROGRA.\1 EQUIP:\IE~T (PROPOSED) Qly @ COSl TOTAL (tern $ 259 ~ 279 $ 577 6 $129 ea 6 bxs $ 194 of 4 623 774 1,164 123 107 592 1,293 807 38 Qty @ Cost TOTAL . NOTE: Depending on the"" ture of equipmen listed above. sOIRe rill e purcb .se. other. leased or re ted. 2 $ 57 1 $ 99 - IOTE: Use SDAs lorm to SUDlD1t Rque5lto pWCllase, =1, (ease or lease to Rev. 4/95 SYETP95 $ 549 3 bxs $1,200 of 2 1 $ 741 $ 35 1 TOTAL COST: S 5,809 equIpment, asscu, or property, 1':1&< 18, I Attachment '4 JTPA GENERAL PROnSIONS 1. Amendment and Waivers A. Funding of this Contract is contingent on the availability of Federal or SWe funds and conllouod Federal or Swe authorization for program activities, and is subject to amendment or termination due to lack of funds or authorization. This Contract is subject to amendment, as necessary, in accordance with requirements contained in any furure Federal or State legislation. reguiluions, or policy; amendment must be in writing and properly executed by both panics. B. Waivers of any provisions of this contract must be in writing and signed by the authorized personnel. and no waiver of any provision of these terms and conditions shall be deemed, for any purpose, to be a waiver of any other provisions. or to be a continuing or subsequent waiver of the same provision, 2. Audltill& Requirements A. The Contractor shall csublish such internal control StnlctUre and fund accounting procedures as required by lTPA and State and Federal or local regulations or as may be deemed -"'Y to assun: the proper disbursement of, and accounting for, funds paid to the Conuactor under lTP A, B. The County, the U,S, Depanment of Uhor, and the Swe of California, shall have the right to monitor~ and/or evaluate all conditions and activities and to investigate and audit all records, boob, papers, or docuDlClIts relaIed to the conduct of programs funded by the County, C. The Contractor shall maintain and make available to the auditors/monitors adequate records, cooperate with all auditors/monitors, comply with all Federal regulations, SWe, and local laws that are cited in lTP A laws as they relate [0 the utilization of funds or operation of programs, D. The County will be notified by the auditors/monitors performing audits of any incidents of fraud. misuse of funds, abuse. or other criminal activity in relation to this Contract, the Act. or Regulations, E, Governmental/Non-governmental agencies shall be responsible for the procurement of an audit under the provisions of OMB Cirt:ulan A-I28 or A-133 (or any other OMS circular that becomes legislation) in accordance with the Single Audit Act of 1984. OMB Circular A-128 refen 10 .Awlir of Srale a1Id LoctJ1 Govemmmrs, . Cirt:ular A-133 esublishes . Awlir of IMinIliOftS of Higher EiblauiOfl a1Id other NOfI-Projil Orraniultions, . Commercial/Private for-Profit Organizations must have an audit which could be either an independent financial and compliance audit of lTPA fImds. or an orJo,,;72rion-wide audit that includes coverage of JTPA funds within its scope, The audi1 is usually performed aunually, but not less frequcDtly than every two (2) years, Therefore, the ContraclOl' will be responsible for Providinl the COUllI)' with information which will assist the County in determining if the Contnaor has met its audit requirements for orpnizations that received/receive S2S ,000 or more in Federal funds in any liven fiscal year. This responsibility may include. but not be limited to, providing the County with a copy of the ADnual Audit Repon, Compliance with the Single audit Act of 1984 sha1I be executed accordina to the DepartmenI's policy of 9/16/91 (Rev. 2), Funher, the Conuactor acIa10wledlcs that the COIIDty of San BemardiDO may not COIllnCl with any organization which is not in compliance with these requirements and/or paymenI to the CoIIIractor may be withheld by the County if the Contractor fails to comply with the request, ], CompllaDce with Laws aad RepJadoal The Contractor wamms and certifies that. in the performaoce of this ContrKt. it shall comply with all applicable laws, rules, and reaulations of the United SUIes, the SWe of Califomia. and the CouDt:y of SID BemardiDO. 1be Contractor funber Rev, 4/9~ SYETP9~ Pqe 19 Q0 .) I,' ~mpI0\ m~nt In :nc- JI..l:-TIlnISt, ..JO 01 I}r n ,",'r.:".e;;::,t',r. A. i(r. -ll:\ onglO. age. dlsabllJ(!. 0r pt)litlcJl at'fillatlon 0r b~llt':t employment. promonon, demonon. transfer, recrul!melll. compensation and selection of training, ,,,,...:n Jr\;,:!~.1rT. ._.l'..l~": 11 rJc:: ':t)!CH, :-e\;i~oJn. ~t':~. nJt:oJnJJ. Such aCllon shall. lOclude. but not be I1mned ~o. the lol\o.....\ng ad\enlslng, layorf or termmatlon. rates or payor other forms of The COntrac.lor also agrees to comply Wllh lhe provISIons of the Affinnattve ."ClIon Compliance Program of the County of San Bernardmo and rules and regulations adopted pursuant thereto: E.,ccutive Orders 11246. 11375, 11625, 12138. 1:';32. 12250. Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, CalifornIa Public ContractS Code 2000 and the San Bernardino County \o1/WBE Policy 11-15. and other applicable Federal, State and County laws. regulattons and policies relattng 10 equal employment and contracling opportUntttes. including laws and regulations h~reafter enacted. Infonnatton on these rules and regulations may be obtamed from the CONTRACT COMPLlA:-ICE AGE:-ICY of the County of San Bernardmo at (909) 386-8952. The County of San Bernardino has a goal of 15% Minority Business Enterprise (MBE) and 5% Women Business Enterpnse (WBE) panicipation for all contracts and subcontracts, S. General Requirements A. No person or organization may charge an individual a fee for the placement or referral of such individual ,n or to a trainmg program under the Act, B, No funds may be provided under this Contract for any subsidized employment with any private-for-profitemployer, unless the person employed is a youth, 16 to 21 years of age. wbo is economically disadvantaged and the employment is provided in accordance with ~264 (C) (1), Subparagraphs (F) and (H) of the Act, C. All education programs for youth supported with funds provided under Title \I sball be consistent willY applicable State and local educational standards, In addition. the standards and procedures with respect to the awarding of academic credit and certifying educational anainment in programs under Title \I shall be consistent with the requirements of applicable Stale and local law and regulation, D. No funds under the JTPA Act sball be used for Employment GeDen1ing. Economic Development activiiies. investment in revolving loan funds. capitalization of businesses, investment in contract bidding resources center; and similar activities, Additionally. no funds under Title II and Title III of the Act, sball be used for foreign travel. E. No funds available under Title n (Pan A. 8, and C) may be used for Public Service Employment (PSE). 6. Indemnification to the County The Contractor shall indemnify, defend. and bold harmless to the County, its officers. agetllS. and employees, and the Private Industry Council (PIC) officers, agents. and employees from any 101$. liability. claim or damage thai may arise or result from activities of the COotnClOl', or in COIIDCClion with ComrIctor's performance of this Contract, Without Iimillng the generality of the preceding senlenl:C, the Contractor sball indemnify. defend, and bold harmless the County and the Private Industty Council against any liability, claim, loss, demand, or damage incurred by the County or the Private Industry CounCIl as a result of the delerminalion by the United Stales Ocpanmcnt of Labor. or its successor. or the Grantor thai activilles undertaken by the Conuactor in connection with this Contract fail to comply with aD)' laws. regulations, or poliCIes applicable thereto, or thai any fuDds billed by, or disbursed to the ContractOr under this Comraa were improperly expended. 7. Insurance Requiraneuts A, Workers' Compensation (wilen applicable) A program of Workers' Compensarion insunnce or a state-approved self-insunnce proaram in an ~t and font to meet all applicable requirements of the Labor Code of the State of California including Employer's Liabihty Will $150,000 limit!: coverjna all penoDI providin& scrviI:a on beha1f of the Coaaaaor and all risks to such penn", under this """..-.l. . To the extent that a State Worken' Compenwion Law is applicable. Woricen' Compenwion Insurance slall bo Pacc 2 Rev, 4/95 SYETP95 ~, '.I B Condiltons of employment or traJOJOg shall be appropriate and reasonable 10 light of such factors as the tvpe of work, geographical regIon, and proficIency of the parllclpant. . c. Health and safety standards established under State, Federal, and local law, otherwise applicable to worklllg condillons of employees. shall be equally applicable to working condiltons of parllClpanlS. With respect to.any pantclpant In a program conducted under thiS Contract who is engaged in acltvilies which are not covered bv 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 panicipanlS. D. No program under the Act shall impair (1) existing contr3.C1S for services; or (2) eXlSllng collective bargaming Contracts, unless the employer and the labor organization concur, in writing, with respect to any elements of the proposed activities which affect such Contract. E. No panicipant shall be employed or job opening f1lled (I) when any other individual is on layoff from the same or any substantially-equivalentjob, or (2) when the employer has terminated the employment of any regular employee or otherwise reduced ilS workforce with the intemion of f1lling the vacancy crealed by hiring a panicipant whose wages are subsidized under the Act, 9. Maintenance oC Effort A, The Contract will not result in the displacement of currenlly employed worlcen (including panial displacement, such as reduction in the houn of non-ovenime worlc, wages, or employment benefiu), 8, The Contractor will assure thai no jobs shall be created in a promotional line mat will infringe in any way upon the promotional opponunities of currenlly-employed individuals, 10. Non-Duplication DC Service . A. Funds provided under this Contract shall only be used for activities which are in addition to those which would otherwise be available in the area in the absence of such funds, (t141b of the Act). 8, Funds provided under this ContraCt shall DOt be used to duplicate Cacilities or services available in the area (with or without reimbursement) from Federal. Swe. or local County sources, unless the plan established thai a1ternauve services or facilities would be more effective or mon: likely to achieve performaace goals, 11. Payment of 8eDeftts (where applicable) A, When applicable. individuals employed in activities authorized under this ContraCt shall be paid wages which shalloot be less than the highest: (a) the minimum wage under f6(a)( 1) of the Fair Labor standard Act of 1938, (b) the minimum wage under the appliable Slate or local minimum wage law, or (c) the prevailing rates of pay for individuals employed in similar OCCupatiOIlS by the same employer. B, A trainee shall receive 110 payments for training activities in which the trainee fails to participate without good cause. C. No funds available under this Comraa may be used for coDlribution on behalf of any participant It retirement systems or plans, .' - Pale: Rev,4/95 SYETP9, Q .- , / B. Nepotism T-~ ,:~:--"., :_'" )~J.., ;c: h.:-..::....1-:... ',.-!' ~.e~..;.;- perIod fc 'lng the [ermm.1tlOn of the relationshIp t ~r _ "-.,;;e~ ~r ~r.-,:':.ee ....It:'lr..I: '.eu een s..td person lnd the Coruracto; 4. Conducting Business Involving R,latlves - No relative by blood, adoption or marriage of any execU!lve or employee of the Contractor. wIll receive favorable treatment when consIdered f enrollment in prognms provided by, or employment with, the Contractor. or s. Conducting Business Involving Close Personal Friends and Associates - Executives and employees of the Subgramee WIll be panlcularly aware of the varyilll degrees of influence that can be exened by personal friends and associates and, in administerilll the agreemelll, will exercise due diligence to avoid sinwions which give rise to an assenion that favorable.treatmen1 is beilll granted to friends and associates. 6. Funher, the Contractor assures that no member of its Board, officer. or employee or the Coruractor shall bave any iruerest, direct or indirect. in any conlrXt or subcontract or the proceeds for work to be performed in connection with this project durinc hislher tenure as such employee, officer. or member of the Board, 7. The Contractor warrants that it h.as not paid. and will DO( pay, to any third person any money or other consideration for obtaining this Contract, 8. This agreemeru coruains the entire agreement of the panies and supersedes all negotiations, verbal or otherwise, and any ocher agreemenl benlleen \be panies hereto, This agreement. is not intended to and will not be constrUed to craie \be relationship of agent. servant, employee, pannership, joint venture or associar.ion between the Coumy and \be Contractor, . . 1. No relative by blood. adoption. or marriage of any executive or employee of the Contracl\)r will receive any favorable treatment for enrollmenc in services provided by, or employment with. the Contractor, 2, The Contractor may not hire a person in an any c:apac:ity. lUff position. or Work Experience/On- !he-Job trainin, position with funds provided by this Conmct if a member of that person's immediate family is enaaaed in a direct administrative c:apac:ity upon sud! person. NOTE: A person in Administralive c:apac:ity is a person who eidler h.as an overall administrative responsibility for a propam. or bas responsibility for the admiDisualioa. supervision. hiriDI. or ftscallesponsibility of \be Corunaor's pIOIfIIIl. For more dIcIiII. die Cotuac:tor sbouId c:ollIIIIt \be [)eputIneU for all other maaers invo1vina oCoaflI4 of 1DtenIl. Nepocilm. Code of Conduclo wIIich are DOt described in this paraaraph, IS. Report on Inventions. PatenU and COP,rilhu If any project produces patentable items, patent riihU, discovery or inv~l\I in the Coune of work under a Federal ,ram or a,reemem. the Corurac:tor shall repon \be fact promptly and fully to the County. The County. or the Stale. or the DOL's representative sball detenniDe how die riaJUs on the invention 0 discovery, int:ludina Iicensinl. reproduction. publishiDa. utiliDlion. royalty will be administered in order t protect the public imerest consistent witII \be ,ovemonel. policy. involvi For more detaib':"'"lbe Codnctor should COlIIUlt the Depanmerl for other pouible requirements .Invention. Patents and Copyrilhb 0 which are DO( described ill this paraarapb, ..... 4195 ~ flU I"n Pace