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HomeMy WebLinkAbout12814 26 27 day of 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 1 RESOLUTION NO. /c2f/{/ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SUB-GRANT WITH THE INLAND MANPOWER ASSOCIATION 3 WHEREBY THE CITY OF SAN BERNARDINO WILL OPERATE A SUMMER YOUTH RECREATION PROGRAM FOR ECONOMICALLY DISADVANTAGED YOUTH DURING 4 THE PERIOD JULY 1, 1977, THROUGH SEPTEMBER 30, 1977. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 SECTION 1. The Mayor of the City of San Bernardino, or his designee, is authorized and directed to execute a sub-grant between the City of San Bernardino and Inland Manpower Associa- tion to permit the operation of a Summer Youth Recreation Program by the City of San Bernardino for economically disadvantaged youth during the period of July 1, 1977, through September 30, 1977, involving a total allocation of $13,748.00, a copy of which is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a on the t!!5 day of ~ meeting thereof, held 1977, by the following vote, to wit: > AYES: Councilmen ,'2'i.~ )c//~ ,X~~ 7~ ~. , NAYS: ~no ABSENT: resolution is 1~ / --- SU8"GR/\N f NUrldE'f{ 90-106-77-02 HOOIFICATIOIi Nut-IBER , . INLAND t-IANPO\,IER ASSOCIATION SUllGRANT SUM~lARY SIGNATURE SHEET -Thls-5Ubgrant is entered into by the Inland Nanpower Association, hereinafter referred "to as Prime Sponsor and Citv of San Bernardino ' . hereinafter referred to as Subgrantee. The Subgrantee agrees to operate this program in accordance with all provi- sions of this Agreement as incorporated herein, including the FY77 Comprehensive Manpower Plan of the Prime Sensor. 1. City of San Bernardi no 2.195 North "0" Street r-1AILING ADDRESS 3. San Bernardino 92401 ZIP CODE CITY 4.' JAMES J. BURNS, Executive Director INOIVIDUAL RESPONSIBLE FOR PROGRAM OPERATION (Name, Title) 5. 383-5205 TELEPHONE NUNBER 6. Same MAIN HORKSITE 7. San Bernardino COUNTY o BE SERVED " VI o. , lMA REGIONAL ADVISORY AREA S SERVED 9. SOURCE OF FUNDS: OTitle I DTitle III [XI Other (Specify)' CSA Grant 10. NEVI PROGRAM CJsummer Youth Recreation CONTINUING PROGRAM []lJ PREVIOUS CONTRACT NO. 90106-76-03 11. OBLIGATION. This action will: OJ INCREASE D DECREASE. 0 NOT CHANGE the I~~ obligation for this Subgrant by $ 13,748.00 of $ 13,748.00 to a new level , . 12. TOTAL NUMBER TRAINING SLOTS N/A 13. TOTAL NUMBER TO, BE SERVED 2,700 NIA 14. TOTAL PLANNED PLACEMENTS 10 Weeks '. 15. LENGTH OF PROGRAM 16. lENGTH OF TRAINING 17. N/A 18. 7 1-77 BEGTNlTING DATE TYPE OF PROGRA~l: A. On-The-Job Training B. Classroom Training 8 TRAHnNG OCCUPATION OR ClUSTER(S Open Entry D Closed Entry 0 Open Exit 0 Closed Exit D C. Work Experience D. Other (specify) ,8 SYR The Subgrantee certifies that to the best of his/her kn0l11edge and belief, the data in this Subgi'ant are true and correct, and that the fi 1 ing of this subgrar.t has been duly authorized bits Dovernin body. \PPROVED FOR THE PRIf'.E SPONSOR SIGN;\TURE NAt-1E MiD TI TlE DATE OF SIGNATURE DAlE OF SIGNATURE SUBGRANTEE CERTIFICATION SHEET (Public Agency) A. - TYPE OF PUBLIC AGENCY OR SPECIAL DISTRICT: l. County D 2. City W 3. School District D 4. Fire D 5. Other D B. CHIEF OFFICIALS: l. Chairman of Board Attach a copy of the minutes of-the Governing Board of your Agency, specifying authorization to enter into this ~ubgrant. Identify City of San Bernardino 2. Superintendent of Schools 3. Chief Executive Officer W. R. "Bob" Holcomb, Mayor 4. Other, Identify 5. Administrator of CETA Program Under Contract JAMES J. BURNS, Executive Director C. CHIEF FISCAL OFFICER, BOOKKEEPER, OR ACCOUNTANT: Name Dave Root,Oirector of Financ~ddress 300 North "0" Street Telephone 383-5242 This is to certify that the above information is true, complete and correct - and that W. R. "Bob" Holcomb, Mayor of The City of San Bernardino (Person) (Organization) is legally authorized by its governing body to enter into contracts and other business transactions with the Inland Manpower Association on behalf of this Public Agency. Signature of Certifying Individual City C1 erk Title 300 North "0" Street Address 383-5102 Telephone 7/76 - 2 - ... .... Agreement for Delegation of Activities Under Grant No.9.Q:106 This agreement entered into as of May. 35.,. . ., 19.77., including all attachments and conditions annexed hereto (which are expressly made part hereof), shall govern certain activities of the . . . . . .Summer. .Y.Qutb. Rei:r.e.at 1 00. Prll.g.r.al1J . . . . (name of program account for the delegated activities) financed under Grant No..~Q7 JQ(j.. .. during the period.6J.1.!.n. . . .. to 9nQI.7? . . . ., 'h' h t b . d t b City of W Ie are 0 e carrie aU y. . . .. .......... ~il.n. .~~,(Qi,lr9).n.q............. ........ ....... (name of delegate agency), hereinafter referred to as the "Delegate", on behalf of ............. INLAND.MANPDWER.Assocjatlon.............. (name of grantee), hereinafter referred to as the HGrantee." The Grantee and Delegate agree as follows: 1. WORK TO BE PERFORMED. The Delegate shall, in a satisfactory manner as determined by the Grantee, perform all activities in Attachment "AU. 2. COMPLIANCE WITH APPROVED PRO- GRAM. All activities authorized by this agree- ment will be performed in accordance with the' approved work program, the approved budget, the grant conditions and relevant OEO directives. 3. REPORTS, RECORDS & EVALUATIONS. The Grantee shall supervise, evaluate, and pro-' vide guidance and direction to the Delegate in the conduct of activities delegated under this con- tract. The Delegate agrees to submit to the Grantee such reports as may be required by OEO directives or by the Grantee, including the re- ports listed in Attachment "B" according to the schedule there set out. The Delegate also agrees to prepare and retain, and permit the Grantee to inspect as it deems necessary for grant purposes (in addition to in- spections authorized by the conditions in the grant from OEO) the records listed in Attachment "C", as well as all other records that may be required by relevant OEO directives, with the exception of confidential client information. The Delegate further agrees that the Grantee may carry out monitoring and evaluation activities to include, at a minimum, those listed in Attachment "D", and will effectively ensure the cooperation of the Delegate's employees and board members in such cfIorts. 4. CHANGES. The Grantee may, from time to J.me, request changes in the scope of the services f the Delegate to be perform cd hcreunder. Such , OEO FORM 280 AUG 70 changes, including any increase or decrease in the amount of the Delegate's compensation, which are mutually agreed upon by and between the Grantee and the Delegate, must be incorporated in written amendments to this contract. 5. COMPLIANCE WITH LOCAL LAWS. The Delegate shall comply with all applicable laws, ordinances, and codes of the state and local gov- ernments. 6. COVENANT AGAINST CONTINGENT FEES. The Delegate warrants that no person or selling agency or other organization has been em- ployed or retained to solicit or secure this contract upon an agreement or understanding for a com- mission, percentage, brokerage, or contingent fee. For breach or violation of this warrant the Grantee shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract or otherwise recover the full amount of such commission, percentage, broker- age, or contingent fee, or to seek such other remedies as legally may be available. 7. SCHEDULE OF PAYMENT. Subject to re- ceipt of funds from OEO, the Grantee agrees to reimburse the Delegate for authorized expendi- tures. An advance of $].3.7.48.. for estimated expenditures for .....4.... (months) will be made to the Delegate, who will submit to the Grantee vouchers that are sufficient to support payment under the Grantee's accounting proce- dures established or approved by the Grantee's accountant. Within . .30. . . .. days the Grantee will approve or disapprove payment of the vouch- ers, and will make additional payments equal to the amount of such approved expenditures to the Delegate. In no event, however. will the Delegate receive reimbursement for personnel costs ex- ceeding $... O. . . . ., or for non-personnel costs exceeding $...1.'1, Z 46, except as it has received prior written authorization from the Grantee, which is incorporated into and shall be attached to this contract. 8. TERMINATION. The Grantee may, by giv- ing reasonable written notice specifying the ef- fective date. terminate this contract in whole or' in part for cause, which shall include: (1) failure, for any reason, of the Delegate to fulfill in a timely and proper manner its obligations under this contract, including compliance with the ap- proved program and attached conditions, with statutes and Executive Orders. and with such "'lO:'"'-,..-....~---+ 'T_\ '. , I' '. j , . OEO directives as may become generally appli- cable at any time; (2) submission by the Dele- gate to OEO or to the Grantee of reports that are incorrect or incomplete in any material respect; (3) ineffective or improper use of funds provided under this contract; and (4) suspension or ter- mination by OEO of the grant to the Grantee under which this contract is made, or the portion thereof delegated by this contract. The Grantee may also assign and transfer this contract to another grantee when required to do so by OEO direction. If the Delegate is unable or unwilling to com- ply with such additional conditions as may be lawfully applied by OEO to the grant to the Grantee, the Delegate shall terminate the contract by giving reasonable written notice to the Grantee, signifying the effective date thereof. In such event the grantee may require the delegate to ensure that adequate arrangements have been made for the transfer of the delegated activities to another Delegate or to the Grantee. In the event of any termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Delegate under this contract shall be disposed of according to OEO directives, and the Delegate shall be entitled to compensation for any un- December 1968 reimbursed expenses reasonably and necessarily incurred in satisfactory performance of the con- tract. Notwithstanding the abvve, the Delegate shall .not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of the contract by the Delegate and the Grantee may withhold any reimburse- ment to the Delegate for the purpose of set-off until such time as the exact amount of damages due the Grantee from the Delegate is agreed upon or otherwise determined. 9. NON-FEDERAL SHARE. The Delegate will contribute $. . Q. . . . .. to the program funds. Such contribution shall be in cash in the amount of :$....0...., and in-kind in the amount of $. NOnE. ... (If none, state "none.") 10. REVIEW OF NEW DIRECTIVES. The Grantee will submit promptly to the Delegate for comment those proposed additional directive3 that it receives from OEO for comment. In witness whereof, the Grantee and the Dele- ~~:~i'';: "=::"'.:: .'"' d'~ G De gate Grantee By: ................. By: ................. Position: Position: J. Burns, City of S.B. Manpower Director F.V. Martinez, 01 rector GP 0 898.06:Z 1:""'-"~"- .oj" . -. IMA Exec. - If , I I I ! I 'B. !-,rx;c?}~,l DESm'i .ll.s briefly as possible in the space alloted, provide a description of all progral'll 'activities. 1. Classroom training subgrantees should attacll a canplete schedule of the =iculum of their program. Indicate the length of training (in days) pnd total hours of inst...--uction tirre for each phase of training. 2. Ql the Job Training subgrantees Should specify here ....tilch e..'q>"...nse items shall be reimbursed to Private-For-Profit subcontractors and the method used to determine costs. 3. l';\.Jrk Experience subgrantees should describe the nature of their program including . any special target g:roups, any program subcontractors, any variation in wage rates. and the rationale for same, lel1gth and ge.lleral nature of training slots, and general pUrp::lses of the program. 4. All subgrantees should atterpt to provide a concise description of the goals of their program and the rnethods used to accanplish those goals. 5. Identify any enrol,lee selection criteria to be used (other than CETA eligibility). 6. Lescribe any programnatic linkage or coupling \.n.th other C8'.i'A or Non-cs:m programs. 7. Identify any car.ponents 'of the program to be subcontracted and the ];OtentiaJ, subcontracting agencies. 8. Describe the nature of your internal administrative control SystEIllS, including an explanation of fiscal re];Ortingjaccountability procedures and participant activity records , 9. Describe the review systEm procedures for resolving CErA participant grievances. (Attach copy of Grievance Policy) 10. Describe the mechanisns \,hich will be used to assure non-discr:i.rnination and equal opPortunities. (Attach copy of Affirmative Action Plan) 11. Indicate whether or not the program will assist in generating any gross or net revenue from any source. 1. To.provide a diverse, recreational and leisure activities program for local dlsadvantaged youth between the ages of eight and thirteen'; 2. To stimulate and enhance social-cultural development; . 3. To provide an opportunity for disadvantaged youth to participate in ! excursion trips to local recreation areas. . I ~ These objectives will be accomplished Youth Recration Program involving the through the implementation of a SuU'.mer operation of a day camp and excursion tr} 7/76 ~ r COMPONENT DESCRIPTIONS: B. PROGRN4 DESIGN (Continued) j Day Camp - The Day Camp will operate for a 10-week period with approximately 350 youngsters participating. Each day camp period will be four days in length and will expose participants to a variety of recreational and outdoor educational activities. Bus Rental Supplies Admission Costs Food $3,500.00 1,000.00 225.00 500.00 $5,225.00 Excursion Trips - The excursion trip program will service target group youngsters by providing out-of-town trips to recreation sites within 100 miles of San Bernardino. Locations to be visited will include:Huntington Beach, Disneyland, Knotts Berry Farm, Lion Country Safari, San Diego Zoo, Dodger Stadium and the San Bernardino Mountains. Approximately 2,200 youth will be served in this activity. Bus Rental Admissions $5,802.00 2,721.00 $8,523.00 , Graphic Area - The general graphic area from which participants within the Summer Youth Recreation, Program will be drawn is bordered on the north by Cajon Boulevard and Baseline Street, on the west by Eucalyptus and Lytle Creek Wash, on the south by the Santa Ana River east to Sterling Avenue north to Baseline. Participants within the program will be drawn from facilities operated by the Park and Recreation Departments within the target area: 'Recreational Opportunities - As a'result of the Summer Youth ReCreation ,Program, disadvantaged youth of San Bernardino will be able to participate in life enriching leisure activities. Community and Participant Benefits - Through the Summer Youth Recreation Program, disadvantaged youth of the San Bernardino area who are too young to have access to the general jOb market will be provided a variety of recreational opportunities. By participation in these activities, disad- vantaged youth of the San Bernardino area will be able to participate in life enriching leisure activities; specifically designed to meet their needs. As 'a result, the community and the individuals will benefit through broadened experience. The Program will be linked directly into the normal 'summer recreational program in the San Bernardino area and the (SPEDY) Summer Program for Economically Disadvantaged Youth. Coordination will take place with the San Bernardino Unified School District, Home of Neighborly Service, San Bernardino Boys' Club and local YMCA and YWCA's. In addition, coordination will take place with the Summer Free Luch Program, since lunches will be provided to Day Camp participants from that activity.' Participants in the Program will be drawn from the Community Centers and Playgrounds operated in the target area. Recreati9n Staff members will scree applicants to make sur~ that the most needy participate in the program. Ll 2.1 DETAILED STATEMENT OF COSTS SUM11ER YOUTH RECREATION PROGRA1-1 CITY OF SAN BEfu~ARDINO A. Transportation Facility MeadO'..brook 7/6 7/1S 7/23 8/20 8/27 lull Center 7/7 7/14 7/30 8/1S 8/26 Nicholson 7/14 7/28 8/6 8/10 8/18 Johnson Hall 7/8 7/20 7/29 8/9 8/15 Franklin 7/13 7/23 8/S 8/13 8/27 Delman Heights 7/9 7/1S 7/28 8/7 8/31 Location Rental Quotations silverwood Magic l10untain Beach Disneyland Beach 90.00 162.00 120.00 120.00 120.00 Silverwood Disneyland San Diego Zoo Magic Mountain Silverwood 90.00 120.00 191.00 162.00 88.00 Magic ~Iountain Sea World Disneyland Silven.ood Camp out 162.00 191.00 120.00 90.00 88.00 Silven.ood Beach Magic Mountain Camp Out Disneyland 90.00 120.00 162.00 80.00 120.00 Silverwood Magic Mountain Sea World Disneyland Beach 90.00 162.00 191.00 120.00 120.00 Silveri,'lood L. A. Zoo Knotts Berry Farm l1agic Hountain \-lax Huseum 90.00 127.00 120.00 167..00 120.00 5 $612.00 $651.00 $6S1. 00 $572.00 $683.00 $619.00 ." Nunez 7/14 7/28 8/5 8/10 8/20 Beach Disneyland Magic Hountain Silverl-Tood Dodger Game 120.00 120.00 162.00 90.00 122.05 $614.05 Playground-All trips to Griffith Park, L.A. Zoo and Observatory 7/20 7/27 8/4 8/11 8/18 Meyer/Rio Vista Urbita/Lytle Creek Allesandro/Roosevelt Kendall/Cajon Bradley Day Camp Glen Helen Glen Helen Forest Falls Silverwood (Monday) (Tuesday) (Wednesday) (Thursday) 2.2 Space Rental 2.3 Consumable Supplies A. Day camp "T" shirts B. "T" shirts (sports program) C. Arts and crafts (pencils, pens, construction paper scissors, glue, tissue paper, etc. D. Referslli~ents (punch, candy, cake hot dogs, ha~urgers, condiments, and prizes - ribbons, certificates) 311.10 311.10 311.10 311.10 155.55 71.00 71. 00 120.00 88.00 $1,399.95 350'.00 per week for 10 weeks = -0- 1,000.00 350.00 50.00 100.00 $3,500.00 9,302.00 -0- $1,500.00 -0- Neado'."brook 40 @ 4.50 Nagic Nountain 180.00 HeadO\"brook 30 @ 4.95 Disneyland 148.50 328.50 Jot>..<' son Hall 30 @ 4.50 Hagic Mountain 135.00 Johnson Hall 30 @ 4.95 Disneyland 148.50 283.50 Franklin 30 @ 4.95 Disneyland 148.50 Franklin 30 @ 4.50 Nagic Nountain 135.00 Franklin 30 @ 2.00 Sea l-lorld 60.00 343.50 Nunez 30 @ 4.95 Disneyland 148.50 Nunez 40 @ 4.50 Magic Mountain 180.00 328.50 De lman Heights 30 @ 4.50 Hagic Nountain 135.00 Delman Heights 40 @ 3.35 Knotts Berry Farm 134.00 269.00 Day Camp Glen Helen 7.50 per week 75.00 Silven"ood 15.00 per week 150.00 225.00 Playgrounds 1.leyers 40 @ 1.25 50.00 Rio Vista 40 @ 1.25 50.00 Urbita 40 @ 1.25 50.00 Lytle Creek 40 @ 1.25 50.00 Allesandro 40 @ 1.25 50.00 Roosevelt 40 @ 1.25 50.00 Kendall 40 @ 1.25 50.00 Cajon 40 @ 1.25 50.00 Bradley 40 @ 1.25 50.00 Developmentally Disabled 40 @ 1.25 50.00 500.00 2,946.25 TOTAL COMPUTATIONS $13,748.00 ," '7 " TITLE-I SUBGRANT ASSURANCES ArID CERTI FJ CATIONS '-f. . A.. General Assurances 1. The Subgrantee assures and certifies that: a. It ~/ill comply ~rith the requirements of the Comprehensive Employment and Training Act (CETA) of 1973, as amended (P.L. 93-203, 87 Stat. 839 and P.L. 93-567,88 Stat. 1845), hereinafter referred to as the Act, and ~Iith the regulations and policies promulgated there- under; and . b. It will comply l'/ith 0:,18 Circular number A-95 and Federal Management Circulars (FnC) 74-4 and 74-7, as those circulars relate to functions such as the utilization of funds, the operations of programs, and maintenance of records, books, accounts, 'and other documents under the Act. ~ 2. The Subgrantee further assures and certifies that if the regu- lations pro~u1gated pursuant to the Act are amended or revised, it shall . co~p1y ~/ith them or notify the Inland ManpOl'ier Associiltion (Ii.IA), I,lithin 30 days after promulgation of the amendments or revision that it cannot so conform, so that the IMA may take appropriate action inclUding term- ination,. if necessary. . ." 3. In addition to the requirements of 1 and 2 above and consistent "lith the regulations issued pursuant to the Act, the Subgrantee makes the fallowing further assurances and certificati~ns: a. It possesses legal authority to apply for the Subgrant; that a resolution, r.1otion, 01" sir.1ilar acticn has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the filing of the Subgrant, inClUding all understandings and assu~ances con- tained therein, and directing and authorizing the person identified as the official representative of the Subgrantee to act in connection with the Subgrant and to provide such additional information as my be requir~ ed (sections 102 (a); 701 (a) (9) and {lOll. b. It will cc~ply with Title VI of the Civil RiGhts Act of 1964, (P.l: 88-352), and in accordance with Title VI of that A~t no person in the United States shall en tne grounds of race, color, sex, or national origin, be excluded fro~ participation in, be denied the benefits of, or be othenli se subjected to eli scrimi nil t i on under any program 01' act ivit,)' for l'lhich the Subgrantee receives Fedel'al financial assistance and 1.1i1l immediately take any meaSUl'es necessary to effectuate this agreement. c. It \~ill cumply l'lith Title VI of the Civil Rights Act of 1964, (42 USC ZOOOc) prohiuitil~C) cn:ployn:ent discriminatiO'l I~here (1) the pl"i- mary purpose of the Subgrant is to provide emploY31ent 01' (2) discrimin- atory emp 1 o)'mc:nt pract ices IIi 11 re5U It in unequa 1 tl'eatmen t of per'Sons ~:ho are or should be benefiting from the Subgrant-aicled activity, 8 d. 110 person vlith responsibilities in the operation of any pro- gram under th~ .c.ct v~i11 discriminate \'Iith respect to any program partici- pant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation, or beliefs (section 703 (lJ and 712). e. It'vlill comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.l. 91-645) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs.. f'- It will comply'vtith the provisions of the Hatch Act ~Ihich limit the political activity of employees. g. It will comply with the requirement that no program under,the Act shall 'involve political activities (section 710). . h. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particu- larly those with whom they have family, business, or other ties (section 702 (a)). i. It will give the Depart~ent of labor and the Comptroller General through any authorized representative the access to and the right to examine all records, books, papers, or documents related to the Subgrant (section 713 (2)). j. Participants in the program \.,ill not be employed on the con- struction, operation; or maintenance of that part of any facility \'Ihich is used for religious instruction or ~lOrship (section 703 (3)). .. k. Appropriate standards for health and safety in work and train- ing situations will be ~aintained (section 703 (5)). 1. Conditions of amplo)TIent or training will be appropriate and reasonable \'lith regard to tr." type of \'Iork, the geographical l'egion and the proficiency of the applicant (section 703 (4)). m. Provisions of \.:orkmen's compensation protection 'to partici- pants in on-the-job training, \'lOrk experience, ,or public se)'vice employment programs unjer the A~t at the same level and to the same extent as other employees of the employel' \'Iho are covered by a State 0/' industt,y \'lOrkmen's compensatiO:1 sUtut!?; and p!""~vision of\./orkmen's co:npensation insurance 01' medical and accident insurance for injury or disease resulting from theil' participation to those indiv~duals en9aged in any program ,~ctivity undel' the Act, i.e" \':ork experien~e, on-the-job training,' p~/blic sel'Vice employment, classroom training, services to participants, and other activit~es, where . -- 9 '. '. . .' .\ others similarly eng~ged are not covered by ~n clppl1cabh' workmen's com- pensation statute (section'Y03 (6) and 20a (4)). ~ - . .._. n. The program will not 'result in the displace~ent of employed workers or impair existing contracts for services or result in the substi- tution of Federal funds for other funds in connection with work that would otherwise be performed (section 703 (7)). o. Tnining \.Jill not be for any occupations \'/hich require less than two weeks of pre-emplo~ent training, unless immediate employment opportunities are available in that occupation (section Y03 (a)). . p. Training and related services'\'/ill~' to the extent practicable, be consistent with every individual's fullest capabilities and lead to em- ployment opportunities which \.Ii11 enable participants to become economically self-sufficient (section 703 (9) and 105 (a) (6)).' . ~ q, Institutional skill training and training on the j~b shall only be for occupations in which the Secretary or the prime sponsor has determined there is reasonable expectation for employment (section Y03 (10}). r. CETA funds \'/ill, to the extent practicable, be' used to supple- ment, rather than supplant. the level of funds that would other;lise be avail- able for the planning and administration of programs under the Subgrant (section 703 (11)). ," s. It will sub::tit reports as required by the Secretary and \.:i11 maintain records and provide access to thes as necessary for the Secretary's review to assure that funds are being expended in accordance with the purposes and provisions of the Act, including the 8aintenance of records to assist the Secretary in determining the extent to which the' progl"am r.:eets the special needs of di sadvantaged, Chl"Oni ca 11y unemployed, and 1 m'l i ncose pel"SOnS for meaningful emplo~ent opportunities (secticn 703 (12) and 311 (~)). t. The program will, to the maximum extent feasible, contribute to the occupational de'/elop8ent or up\'lard mobility of individual participants (section 703 (13)). u, The program has adeguate administrative and accounting contro1s, personnel standards, evaluation procedures, availability of in-service train- ing and technical assistance progl'ams, and othei' policies as may be necessary t? promote the effective use of funds (section 703 (l4)). v. The program makes appropriate provisions for the manpower needs of youth in the area served (section 703 (15), and \./ill assure that: (1) . Ir.dividuals receivlng tr~ining on .the job shall be compen- sated by the employer at such rates, including periodic inCl"cascs, as may be 10 ", .' .deemed reasonable under regulations prescribed by the Secretary, but-in no event at a rate less than that specified in Section 6 (a) (1) of the Fair labor Standards Act of 1938 or, if higher, under the applicahle State or local minimum ~:age la~/, Hages in the Common'ilcalth of Puerto Rico, the Virgin~Islands, American Samoa, and the Trust Territory of the Pacific Islands shall be consistent ~/ith the Federal, State, or local lal'/ othenlise applicable (section 111 (b)). ~I. It will comply ~/ith the labor standard requirements set out in section 706 of the Act. x. Services and activities provided under this Subgrant will be administered by or under the supervision of the Prime Sponsor (section 105 (a) (b) and 205 (c) (1)), , y. No funds made available under the Subgrant shall be used for lobbying activities in violation of 18 USCA 1913, B. Additional Assurances for Title I Programs In carrying out programs under Title I of the Act, the Subgrantee assures and certifies that: t Hanpol.ter services, including job development: I-till be provided to those most in need of them including low income persons and persons of limited English- speaking ability (section 105 (a) (d)). . 2:- Programs of institutional skill training shall be designed for occupa- tions in which skill shortages exist (section 105 (a) (6)). 3. The Subgrant meets all the requirements of section 105 (a) and the Sub- grantee 1'1i11 co;;;ply I'lith all provisions of the Act (section 105 (b)). _ 4. It \.lill make such arrangements as are prescribed by regulation to assist the Secretary in carrying out his resp.onsibilities under sections 105 and 108' of the Act (section 105 (a) (7)). 5. Special consideration will be given to the needs of eligible disabled veterans, spec ia 1 veterans, and veterans \.:ho served in the Armed Forces and \'/ho received othel' than a dishonorable discharge \'Iithin four years before the date of their application, The Subgrantee in selecting participants for prograrr:s funded under Title I of the Act, shall take into consideration the extcnt that such veterans are available in the arei, Specific effort should be made to de- velope appropriate full or part-time oPPol'tunities for such veterans. The Sub- grilntee should utilize the -assistance of the Stilte and local veterans employment service represcntiltil'e in fOr/;]ulating its program objcctives. On a continuing and timcly basis, infomation on job vacancies and trainir.g opportunities funded under Title I of the 'Act shall be provided to the State and lccal vetel'ans em- ployment sCl'vice representative fct' the purpose of disseminating infol'l1~ation to eligible veterans (section 104 (b) of Emergency Jobs and Unemploymcnt Assistancc Act of 197 i\ ) . 1 1 " : ." - 6. Special Certification for StateSubgrantees. A State .Subgrantee further assures and certifies that it ~lill. comply I.lith the requirements and provisions of.Sections 106 and 10? of the Act. 7. The Inland Manpower Association's Management Information System ~Iill be utilized for the developffient, maintenance, and reporting of all required Subgrant Program Data. Subgrantee ~lill submit quarterly reports due no later than the b/entieth (20th) day after the close of each quarter to include the IHA Quarterly Program Summary, the Quarterly Summary of Participant Characteristics, the Quarterly Financial Status S~"mary, and other supplemental reports as required. 8. All costs incurred under the 5ubgrant shall be in accordance with the IMA's FY'?? Schedule of Allowable Costs. Salari~s "for Project Staff charging less than lOO~ of time to the project I./ill be prorated in accord- ance vlith the above. All costs in excess of maximum costs allm'labie per IMA schedule and incorporated budget will require prior justification and approval. In no case will pre-subgrant costs be reimbursed. 9. Approval for the expenditure of 5ubgrant funds for consultant fees will be obtained from the IHA pripr to commitment for such senices. 10. It will adhere to soecial limitations on participant selection as described in the Federal Recister, Para. 98.23, pertaining to political activities and the Hatch Act. ..-:. 11. It I.fill co;:.ply I.tith requirements of the 1 al-l and Employment and Training Ad;;;inistration, Department of Labor, regarding the obtaining of employer identification-account nombers; col1ecti.on. payr..ent, ::eposit and reporting of Feceral. State. and local taxes. Work Exoerience Subgrantees will l'lithhold Social Security or its equivalent and income taxes TCt' all program enrollees if required for regular employees of the agency. 12. Assure that no funds \.till be used to hire any person to fill a job opening created by the cction of an employer in laying off or terminating the employ;r.ent of any other regular employee not supported under the Act in anticipation of filling the vacancy so Cl'eated by hiring an employee to be supported under the Act (Section 905 (c) (B)). " 13. It will maintain a separate bank account for all funds received under the SUDgl'ant In acdition to the maintenance of separate I'ecords, source documents and other account books as required. The Subgrantee further assures that all records. documents and books pertaining to this Subgnlllt \'1111 be available for inspection by authorized Inland ;'tan,ol'ler Association personnel. :'\11 such records. documents and books shall be retained by the Subgl;antee for a period of three" (3) years subsequent to" the termination of the Subgrant. 12 ~ 14. The Subgrantee a>sumes the fiscal and financial responsibility for exceeding cost by line item or cost category. No requests for Sub- grant modifications vlill be honored by the Hl/\ if such requests represent expenses or ob 1 i gati ons incurred pri or to the Subgrantee recei vi n9 vlri tten aPl?roval from mil.. Post Subgrant.costs will not be paid unless previously. approved by UiA. 15. No less than 84 percent of funds'will be used for enrollee wages, fringe benefits, allowances, training and services, and that administrative costs will not exceed 16% of total Subgrant budget unless previously approved by 111A. 16. S'ubcontracti n9: Subcontracts for various servi ces may be entered into by Subgrantee. All subcontracts require prior approval by mil. except negotiated fixed price On-the-Job Training subcontracts by Subgrantee con- tracted to deliver OJT services. These shall be prepared using mil. standard OJT forms and will not require prior approval by the IMA Director, but will be r"evievled. Subgrantee is required to seek competition in the solicitation of subcontracts according to procedures specified in the Federal Rules and Regulations. Further, Subgrantee shall make positive efforts to utilize small business and minority business enterprises in subcontracting. 17. Title of Property: a. Title to all property acquired by Subgrantee, including acqui siti on through 1 ease-purchase agreement, for the cost of vlhi ch Sub- 'grantee is to be reimbursed in whole or in part under this agreement, sha 11 immedi ate ly vest in mil. upon: .-' (1) Delivery of such property by the vendor. (2) Issuance for use of such property in the perfo:mance of this agreement. (3) Commencement of processing or use of such property in the performance of this agreement; or (4) Reimbursement of cost. thereof by the mil., "lhichever first occurs. \ b. Title to all property shall not be affected by the incorpora- tion or attachment thereof to any property not owned by 11-111., nor shall such HIli. property or any part thereof be or become a fixture or lose its identity as personalty by reason of affixation by any realty. c. All project equipment acquired must comply with l~lA progl"am interchangeabi 1 ity requi rell~ents. The Subgrantee wi 11 obtai n appt"ova 1 from the HIli. PrOpCl"ty Offi eel' pri or to i ncurd ng co!, ts for all property scheduled for use under this agreement. The Subgrantee may not purchase or incur liability for equipment during the last sixty (60) days.of this agreement. Sub~rantee shall obtai n pri or approval from Hi/\ for all purchases of non-expendable property having an acquisition cost of $1,000 or more and a life Ql' more than '.one year. 1::\ ., 18. Bonding/Insurance: a. . Prior to initial disbursement of funds to the Subgrantee the Inland HanpOller Association shall receive a statement from the Subgrantee's Chief Fiscal Officer 0'- its insurer assuring that all persons handl ing funds received or disbursed under the Subgrant are covered by fidelity bond in an amount and manner consistent I.lith the coverage deemed necessary by !I-lA. The bond shall name li1A as the named insured and shall require immediate notice to the IHA Director if the bond is cancelled or reduced. In that event It1A shall not make any further disbursements to the Subgrantee until it is assured that coverage has been obtained. b. The Subgrantee agrees to obtain public 1 iability and property damage insurance including but not limited to premises and automobile insur- ance coverage with minimum liability limits of $500,000 (five hundred thousand dollars), and damage to property of not less than S~JO,OOO resulting from any occurrence. Said policy should provide thirty (30) days \'/ritten notice to the Inland HanpOl'/er Association of cancellation or material change. , 19. Hold Harmless: a. The Subgrantee agrees to indemnify and save the filA, and all the agents and employees, harmless from any and all liabilities, claims, damages. or injuries to any person or property including injury to Subgrantee employees, and all expenses of investigation and defending against same including attorney, court and/or legal fees: (1) Arising from or connected I,lith performance or failure to perform any work or other obligations of this agreement; (2) Cause or claimed to be caused by the independent status 9f Subgrantee. his agents or employees; {3} The concurrent acts of Subgrantee, or their agents or employees. 20. Allowances: .-' .All payments to participants for allm'lances (including tl'ansportaticn assistance) l'lill be administered by tile Inland :-tanpoI'lerAssociation \'lith l'leekly reports submitted to the Subgrantee. The Subgrantee assumes the responsibility for verifying allO\'IGnce and tl'ansportation ass istance payments made by Ii-iA, and fiscal accountability fOl' inculTing costs charged to the allc"lances as includ.:d in the Subgrant per schedule as budgeted hel'ein. The SlIbgrantee fudhel' assures and cert i fi es it \1i 11 con:p ly \1ith the ALLO'..IMlCE PAYi.1ENT HMlDSOOK FOR IRA! NH:S FACILITIES as published by the Inland r'!anpOI'iel' Association. 21. Servabilitv of Provisions: . If any provisions of this agreement are held invalid, the remainder of this agreement shall not be affected thereby if remainder \1ould then contintic to COliform to the terms and reqllirellicnts of applicable la\1. -"---' 14 '. . '. 22. Performance Standards , - The Subgrantee agre~s that, should the Subgrantee's actual performance ~ith respect to either planned expenditure rates as stated on t~e C~mula~ive Expenditure Plan and the Budget Statement or planned program obJectlves 1n- eluding significant segments as stated on the Cumulative Monthly Program Plan deviate 15% or more, the Inland f1anpoVler Association \.lill have the prerogative of unilaterally modifying the Subgrant. Subgrantee further agrees that no participant Vlil1 be enrolled in any activity under this Subgrant during the last sixty (60) days of this agreement unless the participant can successfully complete training as specified by incorporated statement herein. 23. .Suspenslon or Termination of Subqrant a. Should the Inland f1anpo~ler Association determine that suspension or termination of the Subgrant is required, the Inland ['lanpo\'/er Association shall fon/ard a l'lritten notice of such determination to the Subgrantee four- teen (14) days prior to any initiation by the Inland r'~anpm'ler Association of its termination procedures. Such notice shall contain a detailed state;;;ent of facts upon which the Inland Hanpm'ler Association's recmrinendation is based and shall set a time and place to conduct a formal meeting with the Subgrantee to discuss l'lbether termination procedures I'lill be initiated. If it shall hale. been determined that suspension of funds is necessary, the Inland i'lanpo~'ler Association shall have the authority to suspend funds as may be dee;;;ed appro~ri- ate until corrections are made in a manner satisfactory to the Inland Hanpo~cr Association. In no event shall the time allol'led for cOlTectioll exceed thirty (30) days unless the Director agrees to a continuance. The Director may sus- p~nd funds for a period of not more than forty-five (45) days. If it shall have been deter;nined that termination procedures are necessary, the Director shall recorr.c;end terr:1ination to the Executive Board for approval. If the Board approves terQination, the agreement shall be terminated upon seven (7) days ~/ritten notice to the Subgrantee. . . - -. . b. The Subgrant may be terminated or funds suspended in whole or in part for cause. Cause shall include the follm./ing: (1) Failure of the Subgrantee to comply in any substantial or material respect l'/ith either the terms or conditions of this agreeir,ent. , (2) The Grant to the Inland r'lanpm.!el" Association from the Department of labol" for this progl'am is terminated, sus- pended, or reduced. The Inland ~tanpO'.'ler Assoc iation may also withhol d payment of any une2.I'I:ed portion of the Sub- grant if the Subgrantee is unable CI' um'lill ing to accept any additional conditions that may be l'equired by 1al'l, by executive order, by regulations', or by other policy announced by the Department of Labol' at any time. _ c. Upon termination of the Subgrant, the Subgrantee I.fill l"entit any unencu;r.Jered ba 1 ance of payments previous ly received as determi ned by the Inland Nanpo,';er Association to be due it. The action of the Inland r'!,lnpO\'ler 15 . . . Association in accepting any such amount shall not constitute a waiver of any claim which the Inland 11anpower Association may otherwise have arising out of this agreement. d.. Upon suspension of funds, the Subgrantee agrees not to expend any funds related to, or connected with, any area of conflict from which the Inland Manpower Association has determined that suspension of funds is necessary. 24. The Subgrantee shall not ass i gn thi s agreement or any moni es due or to become due hereunder except as specified in the terms of this agreement, with- out.having first obtained the written consent of IMA. 25. IMA will not be obligated or liable hereunder to any party other than the Subgrantee. Subgrantee shall so notify all subcontractors and agents. 26. The Subgrantee will comply with the Clean Air Act and the Federal Water Pollution Control Act as related to the use of facilities vlhich are on the Environmental Protection Agency's List of Violating Facilities. 27. The Subgrantee understands and agrees that all Gross Income earned by the Subgrant supported activities during the period of thi. agreement shall be recorded and identified as such by specific and separate account. All expenses incurred in the generation of this income that is not a part of this Subgrant may be deducted from the Gross Income to determine if any program income exists. Any program income determined during the Subgrant period shall be retained by the Subgrantee, and in accordance with the Subgrant Agreement, shall be added to funds co~mitted to the program by the Prime Sponsor to be used to further e1igi- b1eprogram objectives or to :Je deducted fro;!] the total Subgrant costs on \'/hich the Inland Manpower Association share of costs will be based. The Subgrantee . further agrees to provide access to any authorized representative of the Inland Manpower Association for the examination of any records, books or documents re- lated to the determination of program income in any manner. The Subgrantee certifies that to the best of his/her knowledge and belief, the data in this Subgrant are true and correct, and that the filing of this Sub-. grant has been duly authorized by its governing body. CITY OF SAN BERNARDINO (Legal Name of Subgrantee) 195 North 'lD" Street (Mailing Address) San Bernardino, Ca. 92401 (City, State, Zip Code) (Signature of Authorized Representative) JAMES J.' BURNS, Executive Director for W. R. HOLCOMB,Mayor '(Type Name & Title of Authorized Representative) June , 1977 1Date of Signature) " lR