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RESOLUTION NO. /3//7
I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
EXECUTION OF AN AGREEMENT BITH THE COUNTY OF SAN BERNARDINO
2 WHEREBY THE CITY OF SAN BERNARDINO WILL OPERATE A TITLE I
ON-THE-JOB TRAINING PROGRAM FOR THE PERIOD OCTOBER 1, 1977
3 SEPTEMBER 30, 1978.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
5
6
7
8
9
SECTION 1.
The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City,
an agreement with the County of San Bernardino, whereby the
City of San Bernardino will operate a Title I On-The-Job
Training Program during the period October 1, 1977 - September
30, 1978, involving a total allocation of $118,400. A copy of
this Agreement 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 co~o~ 5~~cil of the City of San
Bernardino at avn #~J~~/~~g thereof, held on the
97i day of ~r,~ ' 197{ by the following vote,
r!
to wi t: if
AYES: Councilmen ~~,.h -: W~;.J;-< ~ma.--
.~ ~~ ;r:t-!/1W1)
NAYS: ~../
ABSENT: ~~~~J
The
· ... .~~tff'ft1:~
resolution is hereby adopted this
(
, 197~.
day of
//ri
Aoregoi~g
"~~
My
APZ~ to form: 0
1//."...-.. ~
! 5.
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16. SCURCc OF FUNDS:
I . '. [R] TW '"
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I..
i'l. TOT1.l. ,EJ.'13ER Ti~AHIING SLOTS
f
.
fS_TOTAL. PLAmlED ENROLLH:=XrS. .;t42
19- TOTAL PlA/illED PLACEi'tENTS. J;:-
! 'lCLxUflGTH OF TRAIfHNG Various Le~ths
1.11... Vario'.ls
I tRfl I ,j 1;'1G OCCUP.4TION OR ClUS I crt (5)----'
The Cont.r-dctor certif-L:s that, to the best of his/her
;nation ~n this Contract is true and correct, and that
b2~n du 1 :L.::1U thori~~"p/, its qov2t'li ng boc~~____
l,i\J'W ;";\2~%';:':;((;:! I ~'~;'l~~:~_i~!~'~':.'( ~
::.U,'1;.1AR'f ST0KC:;';0_i~,_,;:i:> i i ;:,0ul, 1 CJ\ l[u,{NG;,',iER
t'(hls.' Con:;~'~ct is .'.~~"?lt2r2d ioto by t'h-e---C;Olinty of San 13crnardiilZl, '---h'2r:e'1-ni7Tferre~r2d
~ t:) a~'j P';'ii)~~ Spon:;\)(' i1::d C:~lY c~:..~-,::~~:~;~~~:~~12HD~NO---;---':'_;::;'_-:::;'_';-:__:'__i>_~,_____" ,,~~.~:_~";.-:-_-:-~:'__ .~. -:,~_
I . ~ her,-li1all.~_d .c.:I.~.{,~':'.. to ~s ConL.CLCt.Or. 111:_. C\.-1..,.~,l..!~Uf il~,,,-._.:::. i..o
! o'c-~r'"'i~,:':;'-;;ncfs proi)riliiiln' aCCo'rdilnce I,rich all pro'/isions of this f\Cjreefil=:nt as incorpo-
i \-~- c' 'Ct.""; .(., 1'..-.......(n l'-a'~lwl.:,..,t' "c'na Ccr"Q....p~l:::lll.'-~\J~ "'I'On')()lJO'r Pl'n o'F ttna f)rl'ITl~ <:'JOllSOr '
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f 1. . ,,195,,~ort;1.~:',~" Street. --'~--112. 03LIGATION>-~~~:-~~o: Hi~:
dr.iLl!"!!.] AOJ.:OK.~J.~ -j
~ OQ HICREJl5E [~] DEGREASE [:J NOT CHANGE
2., San Bernardino, CA 92405' I'
eI I Y ZIP CODE ~
3. _ JMl~_~~~~~~S~ m(ECUTIVE D.:r!:~.~~OR~ by $ 118,400
I~IDI;'E~UI\l f-::::SP()<'IS:~~LE FOR PROG?;V.j ~_
OPE?;~llOlI ( Na.::e, Iltle ) ~ OT $ 118,400
h1.
~
U 10/1/77, _
~ 1t;:. CONTRACT PERIOD:
i
15.
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the INA ob1igation for this Contract
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10/1/77 I 9/30/78 ~
nFr,T~jN rN~ rr\TF . F~'n "inG DXfF -:I(
. ~__""""_-""""'__-k':__""""_"""""_~____'"
TYPE Of' PROGRA,'i:
A. Oo-Th,-Job T,,;",n9 H
B. Classroom Training r
C. Hark Experi ence
D. Services to Participants
( Specify Services ) ,
to d nevI leve1
4. .
(714) 383-5205
I ELE~:-iONE NW,tSEtr
EFFECTIVE DJ1.TE OF THIS ACTION:
- ~-----
VI, VIII
L'-tA P.ESIO<'lAl fID'fISOR'{ f\REAS SERVED
10 Title, III o Other
( 'h~'-l'''''y )
.....~ -~ .
99
kno'.'112dge end bel.ier;, the 'fnfor-
the fi ling of this Contract has
I I
(,~PDOv,I,.i) '(JP. I .j" PRIi-l'=: SPONSOR ...--L APPRO'!ED FOR THe: CO,'ITP.:\.CTOR
; I> . ;,'" ~ r. ", -1 L I .
! SrGTf;';JURE S(G,'JAf[I:~::: ~~~
;--~----:----~--_ . ~ ,. .. j., · -M. -
I 118'1:: /,..;U TfTU::. I tl ,E r'.\~ID YfiL.:. ----
I 1F.S ,J. BUHNS, E 'CUTIVE DIHECTOR
I . fo. R. "BOB" HOLCO/1B, MAYOH
[=0A~Ti;~-ST8~1I\~-,==_-=---"--r---~:~~~:: s::;,:!~~~~;-
iF?'!
CERTIFICATION SHEET
A. Type of Organization:
City Government
B. Chief Officials/Officers of Organization:
(List Name and Titles)
W.R. "BOB" HOLCOMB, MAYOR
1-
2.
3.
4.
C. Chief
Fiscal Officer, Bookkeeper or Accountant:
Name:
David P. Root, Finance Director
Address: 300 North "0" Street
Telephone: (714) 383-5242
D. Date This Organization Began Operation:
Honth
Year
1810
Day
Federal Tax Number:
N/A
N/A
E. State Identification Number:
This is to certify. that the above information is true, complete and
correct and that JM1ES J. BURNS
(Person)
the City of "San Bernardino
(Organization)
of
is legally authorized by its governing body to enter into contractual
agreements and other business transactions on its behalf wit~ the
Inland Hanpm,er Association. See attached Letter
Attach a copy of the minutes
of the Governing Board of
your organization, specify-
ing authoriznti.on to enter
into this agreement.
Slgnature of
3/77
LUCILLE GOFORTH
Title CITY CLERK
300 North "0" Street
San Bernardino. .Ca g24Ql
Address
383-5102
Telephone
-2-
CITY OF SiJr BI3I:u.~ARDn\[O
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30J NO:.:tTH "0.. 5TAE'er . SAN 8ERN~riOINO. CALtFO;:l.~IA 92.~HJ
.
w. ~ "PO)" HOtCo>.a
May?'
O.::';:ICZ Or TH.:- MAYOJ.
~ '"
July 8, 1976
: -
TO WHOM IT MAY CONCERN:
RE:'7Desj~iilionof JamesfJ~ Burns as Mayor's Represemtatiya
for Manpowe:c Programs
This is to certLf'y-that.James..J. Burns;-:Comprehe.csive Employment and
- '. Training Adrnicisb:alion Director for the City of San Bernardioo> is
-- my desigr::.q.ted representative for Manpower programs and is authoriz~
to sigIl....Q.n my behalf, all contracts made between the City of San Ber- '.
nardi:Jo and other agencies, governmental or private. relative to all-
Comprehensive Employment and Training Employment progr
Mayor -
. WRH:lw
"
~
..
~"-'I'" ~ 1 ,.,..~"'(':'; -J-~;t' rJ"1
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3r.:!~ :'=...#..7~'(;~? '''~
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:
PP.OGH,~_)'l N:l\R??\TIVr'~ nR,~C:"R.TT)'Jn~n"\:
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----1
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A/B.3
Program Description:
The City of San Bernardino's Comprehensive Employment and Training Ad-
ministration will operate an on-the-job.. training program which will con-
centrate on providing training for Veterans, Offenders, and Handicapped
individuals who meetCETA Title I eligibility criteria. Program parti-
cipants will be hired by private-for-profit employers who have entered
into sub-contracts with the City of San Bernardino. The employers will
be reimbursed for extraordinary training costs up to a level not to
exceed 50% of entry level wages. This program is designed to enable
veterans, handicapped individuals and offenders-to learn a bona fide skill
and/or qualify for a particular occupation through demonstration and
practice. Training will -be conducted on a "hire first, train later" .
basis. This program will provide training for both individuals at the
entry level of employment and for the upgrading of present employees
into occupations requiring higher skills.. The ultimate goal of the
program is to train program participants so that they have achieved' skil
levels which will enable them to become economically self-sufficient.
5.A
Recruitment:
In order to recruit veterans, the handicapped, and offenders, a number
of coordinated outreach recruiting efforts have been established. A
variety of veterans organizations including the City of San Bernardino's
Veterans Assistance Center will recruit veterans for the program.
Handicapped participants will be recruited through linkages established
with such agencies at the California State Department of Rehabilitation.
Offenders will be referred to the program through variety of organi-
zations including the San Bernardino and Riverside County Probation
Department and pre-release programs at Chino, California Rehabilitation
Center Soledad, and San Quentin. .
5.B
Intake:
The Veterans Assistance Center, CETA Office, 195
process all applicants for on-the-job training;
will be updated on a 30 day basis.
North "D" Street, will
All applicant files
5.C Assessment:
Eligible individuals will have their files reviewed by job
counselors to determine job capabilities, experience and career goals.
Those individuals not selected for OJT will have an-opportunity to
consult with a job developer for the possibility of refer~al to job
opening in the private sector.
5.D Orientation:
All selected applicants will be given an incoming briefing detailing
their rights and benefits under the CETA Program. They also will be
advised of the procedures concerning complaints at this time.
-l-A
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5.E
5.F
5.G
5.H
6.
7. '
c ;'\.V',-.T!.,-,-,,~'t c"<\~'\.L\.':"_'..''' '.. LJ;L'...J'._t\._l.C _l_L\.J".
.- _._._..._-_.._.....-,.-.~ ..- '__ .--'-.....'r_
<0---.- ,- '. .. . .' '~'''~~-'.:'' .
.
Training:
,
~
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Job Development/Placement: ~
The'staff assigned to the CETA office will work ~ith al~ eligible CETA ap-
plicants to assist them in finding unsubsidized employment and refer appli
cants to other CETA Programs in the IMA area. Three CETA VI participants
are assigned the duties of job development for OJT worksites.
Training will be provided on-the-job by pri vate-for-p.rofi t' subcontractors.
The subcontractors will be responsible fOr providing the trainee with
the necessary skills and knowledge necessary for the specified job.
Supportive Services:
There will be no supportive services provided under this contract.
FOllow-Up:
~ollow up visits to OJT worksites will be made to interview the
trainer and the trainee to insure adequate performance of training and
schedules. Individuals who complete their training will be revisited
after termination to evaluate the programs. This follow-up will be ac-
complished by a Title VI participant assigned to monitoring the OJT
Program.
Administration:
The staff of the Comprehensive Employment and Training Administration will
maintain. personnel and counseling files on all program participants. In
addition, files and billing records, including copies of time sheets and
reimbursements requests will also be maintained. CETA staff will monitor
enrollment levels, placement rates, and expenditure levels on a monthly
basis and notify responsible staff members of deviation from planned
figures so that they may take the necessary corrective action. Bi-Weekly
reports of line-item expenditures are prepared by the Finance Department
of the City of San Bernardino and forwarded to the CETA Office. Fiscal
accountability and cost-control systems being used to meet the current
requirements of the Inland Manpower Association will be used to meet the
need of this on-the-job training program~ The accounting transactions and
records qre maintained under the direct supervision of a qualified ac-
count. Each check to employees, sub-contractors must be supported by
appropriate documentation, such as purchase orders and receiving reports.
Reimbursement for training costs to subcontracts must be signed by ehe
employer. and trainee. If the participant is unavailable to sign the time
sheet, Xerox copies or 'an audit report will be obtained to.verify hours
worked. Billing periods will be set up on a 30 day basis with subcon-
tractors. These reports are given to the fiscal officer wnere they are
audited.. Data from the reports are coded and forwarded to an out side
processing unit for coeck preparation. If there are any complaints or !
grievances for non-receipts of funds, vendors or subcontractors are ad-
vised to contact the CETA staff. (If not'satisfied at that point, they
are referred to the next highest level i.e., the County of San Bernardino'l
Expenditures are recorded and reported on standard Federal reports re-
flecting both actual and accrued expenditures by the Finance Department
of the City of San Bernardino.
---------~.~ --+---~.---~_._----------
_~____::3::_]L._
p S'.:-\'::. ?i\;",~ NA~~Y..i'\ ,,", IV~~ D~"~('R T P'.I'!,:O,\;
8. Training of participants will be sub-contracted to area private-for-profit
business using IMA approved standard sub-contract forms.
9. The program will not generate any net or gross revenue to the City of San
Bernardino.
,10. Participant Criteria:
All participants will be either (a) offenders as verified- through parole ,
and probation agencies, (b) physically, mentally, or emotionally handicapped!
as verified through appropriate agencies including the California State ;
Department of Rehabilitation, or (c) Special, Viet-Nam Era, Recently Sepa- !
rated, Disabled Veterans, or Other Veterans, as verified by presentation of i
Form DD 214. In addition, all participants will be eligible for CETA Title 1
I programs. i
11. Training:
Training duration and composition will vary according to the nature of the
occupation. All OJT sub-contracts will contain an attachment detailing
the number of hours spent in training for each element of the job.
12. Complaint Procedure:
All complaints, oral or written, will be accepted by the Comprehensive
Employment and Training Administra-tion at 195 North "D" Street, San I
Bernardino for any complainant to his/her representative. If the complaint]
is from a participant, he/she must have attempted to resolve the complaint I
through their sup~rvisor, department head, executive, director, em?loyer 'j'
or sponsor at the~r place of employment. All compla~nts not subm~tted .
in writing must be reduced to writing and the CETA Office will, if neces- l
sary, assist in the composition of the complaint. Within five days after 1
receiving the complaint a CETA Official will be appointed to make an in- I
-formal investigation of the complaints and arrange an informal conference I
with the complainant. If the complaint was not resolved at the informal
conference, a formal hearing will be scheduled within 5 days, to include
the compl~inant and his supervisor before a CETA hearing committee. If
the complaint continues to be unresolved the participant may make a formal
allegation to the Affirmative Action Officer Inland Manpower Association,
336 North La Cadena, Colton, California 92324, or by telephoning (714)
824-2500. -
13. Affirmative Action:
The Affirmative Action-Plan of the Inland Manpower Association will apply
to this program. Generally stated, affirmative action prohibits descrim-
ination in employment for reasons of race, religion, sex, national origin, ;
or age. The plan is on file with the Inland Manpower Association. I
I
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BUDGET ST A TEriEtlT
Any expenditures for' items not 1 isted below 0)' ilny expenditures in excess of ambunts
shown for listed items I~ill be una'llOl./able costs ilncl \~'i11 not be_ reimbursed by the Pl'ir.:e
Sponsor 1.1i thout wri tten approval from the Prime Sponsor prior to i ncurri ng the expense.
SECTION A - PARTICIPANT COSTS
h....._______._________,--___.
. I Total
% x
% x
=
wks =
I. Participant Wages:
slots x $ Ihr. x ____hrs/wk x wks -
slots x $ Ihr. x ____hrs/wk x wks =
__slots x $ Ihr. x hrs/wk x -y/ks ..
NOTE: In no case may a participant work more than forty (40) hours per \'Ieek.
TOTAL PARTICIPANTS WAGES =
----->
II. Participant fringe benefits:
Emplayer's.cost of:
FICA % x
W.C. % x
Other (specify)
=
=
=
TOTAL FRINGE BENEFITS =
. III. AllOl~ances: .
1. Basic Allowance:
x$ Ihr'x
2. Incentive Allowance:
x$ 30/wk x wks
3. Dependents Allowance: ___________ Participants
(over two) of x $5/wk x wks
4. Unemployment Insurance Adjustment:
receiving $ Iwk x
slots
hrs/l~k x
slots
=
with average dependents
=
I~ks
participants
= (
TOTAL ALLOWANCES =
)
IV. Other Partici ant Costs Total
1. Cost of OJT Subcontracts 99 Slots
2. Participant Insurance Rate
3. Supportive Service Costs
a. Child Care
b. Health Care
c. Legal Services
d. Relocation Assistance
~ther Supportive Services
f. Enrollee Transportation:
mi/wk x wks x $
(Attach
Description)
enro 11 ees x
Imil e =
,
_,_....:......-.~_~_4_
TOTAL PARTICII)ANT COSTS:
3/77
I
_~L~:"
-i.!-
\.---.----"1
...!.........._ . I
L~~3,~.~41
. . --.._~
113,874
n
-----..........-
SECT! UN [l - STAFF COSTS
---
Name/ Salary/ % of No.
Title week Time weeks Admin. Training Services Total
IN KIND
SUBTOTAL: SALARIES .iis"...' (....i.',i:. .i.:/,,';.... .'.' .~
· c .... 'l<i .i( 1'/" ....... .. ........L~...
Employer's Cost of Fri nge Benefits Ir.;.... .... .i.... ,iij i?), . ....
Total [i...... ..... ." .......... .' '. i:r iiti:
Benefit Rate Salaries ii;> ....:...... '.i '.' i.??
~'-~. I
L . I
SUBTOTAL:FRINGE BENEFITS L
L I I
TOTAL STAFF COSTS IN KIND
-.~
3/77
-~..
hnhn
. .Tn" f)F>vF>lnnF>r
1',
1"
.'I..~;~Il~n'IE"i"i"91 S"'im~ To"l
Miles/ I No, !.....--.---.- -------.-r-.---.---i ....--
\.,/>pL '''r'r-~s.. _. ! _.'
I I
360 360
360
SECTION C - OTHER PROGRAM COSTS
1. Travel Costs
Staff t1ember (title)
Rate/
milr>
rharl '''' 'T'hacker Job Develoner
60
40
(;()
4()
'l(;()
Victor Bilek, Contract Monitor .15
50
40
300
300
.
Staff Member (Title) & Reason
:,.: . '. .' .... . .' 1020 1 020
.' i. .' ';'. ..' ....
I . . ! ' .
Rate/ No,!., ::!. '. .' .. .'. .... . .'
Day Day s i :. . .. . · ! ' ; , .
SUBTOTAL TRAVEL
2. Per Diem
SUBTOTAL PER DIEM
". .
. .
3. Conferences and meetings
.,.... .... . ..... .
. .':'
4. Equipment (attach itemized list)
5. Supplies (attach description)
6. Reproduction
7. Equipment repair
8. Rent:.190 sq ft x $ .32jsq ft/mo x 12 mos
9. Util ities
540
540
475
475
lOR
80
108
80
730
730
144
",. ..' '.'
.'
. !.. ...... ....
-; ~--.l -:-;"' ~- -
1179
144
10. Telephone
11. Postage
12. Bonding and Insurance
13. Advertising
14. Profit
.
1179
~ -
,
'-r- ............
.' '
~
'~~rinqerAri(i\.;:-i LL"2~.. - ~r--~- ~.:26. i
H,Benefits~ ances ! Admin. !Tl-aininfjISm'vices! Total \
I r-~-r. > 52~ J 113 >~j---'l1;~ ;~:J
!" I ~ 3.8 ~ 96.2 ! 1100.00
-. ""'....... I ...... .-..~..... " ~ } -- .
- 0-
250
250
15. Other Expenses (attach description)
TOTAL OTHER PROGRAt1 COSTS
TOTAL PROGRAt-l COSTS
Percent of Program
I 1.lages
t
!
")/77
BUDGET IJETAIl ATTAClliiENI
..:...-
4.
EQUIPMENT:
Xerox Rental
45.00 per month x 12 mos.
5. SUPPLIES:
Office supplies such as pen,
pencils, paper, xerox paper,
manila folders, envelopes,
typewriter ribbons, writing
tablets, columnar pads, calculator
paper, etc
39.58 per month x 12 mos.
6. REPRODUCTION:
Cost of reproducing OJT
Billings and Reports
9.00 per month x 12 mos.
7. EQUIPMENT REPAIR:
Cost of maintenance
agreements for office
machinery
6.66 per month x 12 mos.
11. POS'l'AGE:
Cost of mailing OJT
Billings and report
forms
12.00 per month x 12 mos.
15. OTHER EXPENSES
Membership and Subscription
for U.S. Conference of Mayors/
National League of Cities
Employment and Training Advisory
Service
Subscription to Bureau of
National Affairs Employment and
Training Reporter
-10(1-
3/77
$125.00
$125.00
$:540. 00
$475.00
$108.00
$ 80.00
$144.00
$250.00
CONTRACT #8021-10-04D
COST ALLOCATION PLAN
For the purposes of this contract, the allocation of line
item costs were derived as follows:
(1) Travel Costs:
Mileage expense is only reimbursed to those individuals
who perform tasks related to this contract (job developers
and a contract monitor). Mileage is computed on the basis
of $.15 per mile. All claims for reimbursement must be
supported by detailed mileage records and statements de-
tailing why the travel was necessary for achieving
contractual objectives.
(4) Equipment:
Charges here reflect the usage of a Xerox 4000 copier.
$45.00 per month has been allocated as the amount of
Xerox rental to be charged to the OJT program. This
allocation has been made on the basis of the average
number of copies made per month for the OJT program.
(This covers the copies of billing forms, OJT Time
Records, audit reports, reimbursement requests, and other
forms). The number of copies made for each program are
recorded and totaled on a monthly basis. The average
monthly rental for the Xerox copier over the last 6
months was $446.98. $45.00 represents approximately
10% of the average monthly rental charge.
(5) Supplies:
The expense for office supplies represents a monthly
average cost of $39.58 which is distributed throughout
the contract period. Supplies are ordered on written
demand (requisition order) from those staff members
assigned to the contract. The items are then kept in a
separate office under the control of the OJT staff for
use in the OJT program.
(6) Reproduction:
Printing costs for reproducing OJT Billings and Reports
are represented by a monthly average cost of $9.00.
Requests (in the form of requisition orders) are presented
in writing to the City's printing facilities. Only
those forms which are used in the OJT program are
charged to this account. OJT forms are kept in separate
files for use by the OJT program.
(7) Equipment Repair:
Repair costs for office machinery are represented by a
monthly average cost of $6.66. These costs are for the
maintenance of IBM Selectric II Typewriter, Serial it-
2933779, which is assigned to this contract.
(11) Postage:
The cost of mailing OJT Billings and Report forms are
represented by a monthly average cost of $12.00 (postage
rates x it- items per month) .
(15) Other Expenses:
The cost ($250.00) is divided evenly between membership
and subscription for U.S. Conference of Mayors/National
League of Cities Employment and Training Advisory Service,
and a subscription to Bureau of National Affairs Employ-
ment and Training Reporter.
Cost Allocation:
U.S.C.M./N.L.C.
National Affairs
E.T.R.
Total
$800
$395
8021-l0-04D
$125 (15.625%)
$125 (31. 64 5%)
The remaining costs for the publications were allocated
to CETA Titles II, VI and Title I work experience. These
allocations are made to distribute overhead costs equit-
ably to the various programs in accordance with the
total size of the program.
ASSURANCES AND CERTIFICATIONS
For purposes of these Assurances and Certifi cations the term "Contractor" shall
mean the organization ~Ihich \'ias awarded this agreement through a competative
process such as a Request for Proposal (RFP) process; the term "Subgrantee" shall
mean the organization which was awarded this agreement through a sole source
procurement process. The term "ContractorjSubgrantee" shal~ mean e~ther
"Contractor" or "Subgrantee," as applicable, based on the arorementloned cr~teria.
A. General Assurances
1. The ContractorjSubgrantee assures and certifies that:
a. It will comply with 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 with the regulations and policies promulgated there-
under; and
b. It will comply with OMB Circular number A-95 and Federal
Management Circulars (FMC) 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 ContractorjSubgrantee further assures and certifies that if the
regulations promulgated pursuant to the Act are amended or revised, it shall
comply with them or notify the Prime Sponsor, within 30 days after promulga-
tion of the amendments or revision that it cannot so conform, so that the
Prime Sponsor may take appropriate action including termination, if necessary.
3. In addition to the requirements of-l and 2 above and consistent
with the regulations issued pursuant to the Act, the ContractorjSubgrantee
makes the following further assurances and certifications:
a. It possesses legal authority to apply for the Agreement,
that a resolution, motion, or similar action has been duly adopted or passed
as an official act of the Contractor'sjSubgrantee's governing body, author-
izing the fil ing of the Agreement, including all understandings and assurances
contained therein, and directing and authorizing the person identified as the
official representative of the ContractorjSubgrantee to act in connection ~lith
the Agreement and to provide such additional information as my be required
(section 102 (a); 701 (a) (9) and (10)).
b. It will comply with Title VI and Title VII of the Civil Rights
Act of 1964, (P.L. 88-352), and in accordance with Title VI of that Act no
person in the United States shall on the grounds of race, color, sex, or national
origin, be excluded from participation in, be denied the benefits of, or be other-
wise subjected to discrimination under any program or activity for which the Con-
tractorjSubgrantee receives Federal financial assistance and will immediately take
any measures necessary to effectuate this agreement.
c. It will comply with Title VI of the Civil Rights Act of 1964,
(42 usc 2000d) prohibiting employment discrimination where (1) the primary
purpose of the Agreement is to provide employment or (2) discriminatory employ-
ment practices will result in unequal treatment or persons who are or should be
benefiting from the Agreement-aided activity.
-11-
'" d. No person with responsibilities in the operation of any program.
under the Act vlill discriminate \~ith respect to any program participant or any
applicant for participation in such program because of race, creed, color, na-
tional origin, sex, age, political affiliation, or beliefs (section 703 (1) and
712) .
e. It will comply with the requirements of the provisions of the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970
(P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
f. It will comply with the provisions of the Hatch Act which 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 and 703 (2)).
h. It will establish safeguards to prohibit employees from using
their positions for a purpose that is or gives the appearance of being moti-
vated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties (section 702 (a)).
i. It will give the Department 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 Agreement (section
713 (2)).
j. Participants in the program will not be employed on the construction,
operation, or maintenance of that part of any facility l'lhich is used for religious
instruction or worship (section 703 (3)).
k. Appropriate standards for health and safety in work and training
situations will be maintained (section 703 (5)).
1. Conditions of employment or training will be appropriate .and .
reasonable with regard to the type of work, the geographical region and the
proficiency of the applicant (section 703 (4)).
m. Provision of workmen's compensation protection to participants
in on-the-job training, work experience, or public service employment programs
under the Act at the same level and to the same extent as other employees of
the employer who are covered by a State or industry workmen's compensation
statute; and provision of workmen's compensation insurance or medical and accident
insurance for injury or disease resulting from their participation to those individ-
uals engaged in any program activity under the Act, i.e., \~ork experience, on-the-
job training, public service employment, classroom training, services to participants,
and other activities, where others similarly engaged are not covered by an appl icable
workmen's compensation statute (section 703 (6) and 208 (4)).
n. The program will not result in the displacement of employed workers
or impair existing contracts for services or result in the substitution of Federal
funds for other funds in connection with work that would otherwise be performed
(secti on 703 (7)).
-12-
o. Training will not be for any occupations ~Ihich require less' than.
two' weeks of pre-employment training, unless immediate employment opportunities
are available in that occupation (section 703 (8)).
p. Training and related services will, to the extent practicable, be
consistent with every individual's fullest capabilities and lead to employment
opportunities which will enable participants to become economically self-suffi-
cient (section 703 (9) and 105 (a) (6)).
q. Institutional skill training and training on the job shall only be
for occupations in which the Secretary or the Prime Sponsor has determined there
is reasonable expectation for employment (section 703 (10).
r. CETA Funds will, to the extent practicable, be used to supplement,
rather than supplant, the level of funds that would otherwise be available for the
planning and administration of programs under the Agreement (section 703 (11 )).
s. It will submit reports as required by the Secretary and will maintain
records and provide access to them 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 maintenance of records to assist the Secretary in determining the
extent to which the program meets the special needs or disadvantaged, chronically
unemployed, and low income persons for meaningful employment opportunities
(section 703 (12) and 311 (c)).
t.
occupational
703 (13)).
The program will, to the maximum extent feasible, contribute to the
development or upward mobility of individual participants (section
u. The program has adequate administrative and accounting controls,
personnel standards, evaluation procedures, availability of in-service training
and technical assistance programs, and other policies as may be necessary to
promote the erfective use of funds (section 703 (14)).
v. The program makes appropriate provisions for the manpower needs of
youth in the area served (section 703 (15)).
w. Individuals receiving training on the job shall be compensated by
the employer at such rates, including periodic increases, as may be deemed
reasonable under regulations prescribed by the Secretary, but in no event at a
rate which is less than the highest of: 1) the minimum wage rate specified in
section 6 (a) (1) of the.Fair Labor Standards Act of 1938; 2) the State or local
minimum wage for the most nearly comparable covered employment; 3) the prevailing
rates of pay for persons employed in similar occupations by the same employer;
4) the minimum entrance rate for the occupation among other establishments in the
community or area or, any minimum rate required by an applicable collective
bargaining agreement; 5) ror participants on Federally runded or assisted con-
struction projects, the prevailing rate established by the Secretary, in accordance
with the Davis-Bacon Act, as amended, vlhen such rates are required by the Federal
statute under which the assistance was provided.
x. It will comply with the labor standard requirements set out in sec-
tion 706 of the Act.
-13-
y. ~erVlces and actlvltles provided under thlS Agreement W11 I .De ao-
.ministered by or under the supervision of the Prime Sponsor (section 105 (a) "
(b) and 205 (c) (1)).
z. No funds made available under the Agreement shall be used for lobby-
ing activities in violation of 18 USCA 1913.
aa. Cash drawdowns will only be initiated when actually needed for Con-
tract/Subgrant disbursements;
bb. Timely reporting of cash disbursements and balances will be made to
the Prime Sponsor as required.
cc. For subcontracts in excess of $100,000, or where the Contractor/Sub-
grantee has determined that orders under an indefinite quantity subcontract in any
year will exceed $100,000, or if a facility to be used has been the subject of a
conviction under the Clean Air Act (42 U.S.C. 1957C-8 (c) (1)) or the Federal Hater
Pollution Control Act (33 U.S.C. 1319 (C)) and is listed by the Environmental Pro-
tection Agency (EPA) or is not otherwise exempt, the Contractor/Subgrantee assures
that: 1) no facility to be utilized in the performance of the agreement has been
listed on the EPA List of Violating Facilities; 2) it will notify the Prime Sponsor,
prior to award, of the receipt of any communication from the Director, Office of
Federal Activities, U.S. Environmental Protection Agency, indicating that a faci"lity
to be utilized for the agreement is under consideration to be listed on the EPA List
of Violating Facilities; and 3) it \'Ii11 include substantially this assura.nce, in-'
eluding this third part, in every non-exempt subcontract."
B. Additional Assurances for Title I Programs
In carrying out programs under Title I of the Act, the Contractor/Subgrantee
assures and certifies that:
1. Manpower services, including job development, will 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 occupations
in which skill shortages exist (section 105 (a) (6)).
3. The Agreement meets all the requirements of section 105 (a) and the
Contractor/Subgrantee will comply with all provisions of the Act (section 105 (b)).
4. It will make such arrangements as are prescribed by regulation to assist
the Secretary in carrying out his responsibilities under sections 105 and 108 of
the Act (section 105 (a) (7)).
5. Special consideration will be given to the needs of the eligible disabled
veterans, special veterans, and veterans who served in the Armed Forces and who
received other than a dishonorable discharge within four years before the date of
their appl ication. The Contractor/Subgrantee in sel ecting participants for programs
funded under Title I of the Act, shall take into consideration the extent that such
veterans are available in the area. Specific effort should be made to develop
appropriate full or part-time opportunities for such veterans. The Contractor/
Subgrantee should utilize the assistance of the State and local veterans employment
service representatives in formulating its program objectives. On a continuing and
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ti821y basis, information on job vacancies and training opportunities funded under
Title I of the Act shall be provided to the State and local veterans employment
service representative for the purpose of disseminating information to eligible
veterans (section 104 (b) of Emergency Jobs and Unemployment Assistance Act of
1974). .
6. Special Certification for State Contractors/Subgrantees. A State Con-
tractor/Subgrantee further assures and certifies that it will comply with the re-
quirements and provisions of section 106 and 107 of the Act.
7. The Prime Sponsor's 1-1anagement Information System \-/ill be util ized for
the development, maintenance and reporting of all required program data, The Con-
tractor/Subgrantee will submit all required participant records to the Inland Man-
pm'ler Association office no later than the fourteenth (14th) day after the trans-
action involved has been completed. Such records will include the Inland Manpower
Association CETA Participant Information Record, the Inland Manpower Association
Participant Status Change Notice and other participant records and information as
required by the Prime Sponsor. All records must be complete and accurate when.
submitted.
8. All costs incurred under the Agreement shall be in accordance with the
Prime Sponsor's FY 78 Schedule of Allol'table Costs. All costs in excess of maximum
costs allowable per IMA schedule and incorporated budget will require prior justi-
fication and approval. In no case will pre-agreement costs be reimbursed.
9. Approval for the expenditure of Agreement funds for consultant fees will
be obtained frem the Prime Sponsor prior to commitment for such services,
10. It will adhere to special limitations on participant selection as de-
scribed in the Federal Register, Part. III, June 25, 1976, Para. 98.23", pertaining
to political activities and the Hatch Act.
11. It will comply with the requirements of the law and the Employment and
Training Admi::1istratien, Department of Labor, regarding the obtaining of employer
identification-account numbers, collection, payment deposit and reporting of Fed-
eral, State, and local taxes. Work Experience Contractors/Subgrantees will with-
hold Social Security or its equivalent and income taxes for all program enrollees
if required for regular employees of the agency.
12. It will assure that no funds will be used to hire any person to fill a job
opening created by the action of an employer in laying off or terminating the em-
ployment of any other regular employee not supported under the Act in anticipation
of filling the vacancy so created by hiring an employee to be supported under the
Act (section 905 (c) (8)).
13. It will maintain a separate account for all funds received under the
Agreement in addition to the maintenance of separate records, source documents and
other account books as required and that it will establish and/or utilize procedures
and methods sufficient to assure that all fiscal recordkeeping and reporting \vill
be accompli shed on an accrua 1 bas is. The Contrac tor/Subgrantee further as sures
that all records, documents and books pertaining to this Agreement will be available
for inspection by authorized Prime Sponsor personnel. All such records, documents
and books shall be retained by the Contractor/Subgrantee for a period of three (3)
years subsequent to the termination or the Agreement.
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-]4. TheContractorjSubgrantee assumes the fi sca 1 and fi nancia 1 responsi bil i1:y
for exceeding costs by 1 ine item or category. No requests for Agreement modifications
will be honored by the Prime Sponsor if such requests represent expenses or obl iga- -
tions incurred prior to the ContractorjSubgrantee receiving written approval from the
Prime Sponsor. Post Agreement costs vlill not be paid unless previously approved by
the Prime Sponsor.
15. No less than 84 percent of funds will be used for enrollee wages, fringe
benefits, allowances, training and services, and that administrative cost will not
exceed 16% of total Agreement budget unless previously approved by the Prime Sponsor.
16. Subcontracting: Subcontracts for various services may be entered into by
the ContractorjSubgrantee. All subcontracts require prior approval by the Prime
Sponsor except negotiated fixed price On-the-Job Training subcontracts by the
ContractorjSubgrantee contracted to deliver OJT services. These shall be prepared
using rr.1A standard OJT forms and \~ill not require prior approval by the IMA Director,
but will be reviewed. The ContractorjSubgrantee is required to seek competition in
the solicitation of subcontracts according to procedures specified in the Federal
.Rules and Regulations. Further, the ContractorjSubgrantee 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 ContractorjSubgrantee, including
acquisition through lease-purchase agreement, for the cost of which the Contractorj
Subgrantee is to be reimbursed in whole or in part under this agreement, shall imme-
diately vest in the. Prime Sponsor upon:
(1)
(2)
(3)
(4)
Delivery of such property by the vendor.
Issuance for use of such property in the performance of this
agreement.
Commencement of processing or use of such property in the
performance of this agreement; or
Reimbursement of cost thereof by the Prime Sponsor, whichever
firs t occurs. .
b. Title to all property shall not be affected by the incorporation
or attachment thereof to any property not owned by the Prime Sponsor, nor shall
such Prime Sponsor property or any part thereof be or become a fixture or lose
its identy as personalty be reason of affixation by any realty.
c. All project equipment acquired must comply with the Prime Sponsor's
interchangeability requirements. The ContractorjSubgrantee may not purchase or
incur liability for equipment during the latter half of the agreement period. The
ContractorjSubgrantee must obtain prior approval from the Prime Sponsor for all
purchases of nonexpendable property.
18. BondinglInsurance:
a. Prior to initial disbursement of funds to the ContractorjSubgrantee,
the Prime Sponsor shall receive a statement from the Contractor'sjSubgrantee's Chief
Fiscal Officer or its insurer assuring that all persons handlin~ funds received or
disbursed under the Agreement are covered by fidelity bond in an amount of not less
than $20,000. The ContractorjSubgrantee shall immediately notify the IMA Director
if the bond is cancelled or reduced. In that event the Prime Sponsor shall not make
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any further disbursements to the Contractor/Subgrantee until it is assured that
coverage nas been obtained. The Contractor/Subgrantee further agrees to assume
full responsibility for liability in excess of $20,000.
b. The Contractor/Subgrantee agrees to obtain public liability and property
damage i nsura nce i nc 1 ud i ng but not 1 imited to premi ses and automobil e insurance cover-
age with minimum liability limits of $500,000 (five hundred thousand dollars), and
damage to property of not less than $500,000 resulting from any occurrence. Said
. policy should provide thirty (30) days written notice to the Prime Sponsor of cancel-
lation or material change.
19. Hold Harmless
a. The Contractor/Subgrantee agrees to indemnify and save the Prime
Sponsor and all its agents and employees, harmless from any and all liabilities,
claims, damages, or injuries to any person or property including injury to the
Contractor's/Subgrantee's employees, and all expenses of investigation and defend-
ing against same including attorney, court and/or legal fees:
(1)
(2)
(3)
Arising from or connected with performance or failure to perform
any work or other obligations of this agreement.
Caused or claimed to be caUl'/ed by the independent status of the
Contractor/Subgrantee, its agents or employees,
The acts of the Contractor/Subgrantee, or its agents
or employees.
20. ALLOWANCES
All payments to participants for allowances (including transportation assistance)
will be administered by the Prime Sponsor with weekly reports submitted to the Con-
tractor/Subgrantee. The Contractor/Subgrantee assumes the responsibility for verify-
ing allowance and transportation assistance payments made by the Prime Sponsor and
fiscal accountability for incurring costs charged to the allowances as included in
the Agreement per schedule as budgeted herein. The Contactor/Subgrantee further
assures. and certifies that it will comply with the ALLOWANCE PAYMENT HANDBOOK FOR
TRAINING FACILITIES as publ ished by the Prime Sponsor.
21. SEVERABILITY OF PROVISIONS
If any provisions of this agreement are held invalid, the remainder of this
agreement shall not be affected thereby if the remainder would then continue to
conform to the terms and requirements of applicable law.
22. PERFORMANCE STANDARDS
The Contractor/Subgrantee understands and agrees that it may not incur costs
for any line item or cost category in excess of those amounts listed in the Budget
Statement and that, should actual performance with respect to either planned expendi-
ture plan or planned program objectives including significant segments as stated on
the Cumulative Monthly Program Plan deviate 15% or more, the Prime Sponsor will have
the prerogative of unilaterally modifying the Agreement. The Contractor/Subgrantee
further agrees that no participant will be enrolled in any activity under this
Agreement during the last sixty (60) days of this agreement unless the participant
can successfully complete training as specified by incorporated statement herein.
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~ 23.
Suspension or Termination of Agreement
a. Should the Prime Sponsor determine that suspension or termination of
the Agreement is required, the Prime Sponsor shall fonlard a written notice of such
determination to the ContractorjSubgrantee fourteen (14) days prior to any initia-
tion by the Prime Sponsor of its termination procedures. Such notice shall contain
a detail ed statement of facts upon vlhich the Prime Sponsor's recommendation is
based and shall set a time and place to conduct a formal meeting with the Contractorj
Subgrantee to discuss vlhether termination procedures \-Jill be initiated. If it shall
have been determi ned that s us pens i on of funds is necessary, the Prime Sponsor sha 11
have the authority to suspend funds as may be deemed appropriate until corrections
are made in a manner satisfactory to the Prime Sponsor. In no event shall the time
allowed for correction exceed thirty (30) days unless the Director agrees to a con-
tinuance. The Director may suspend funds for a period of not more than forty-five
(45) days. If it shall have been determined that termination procedures are nec-
essary, the Director shall recommend termination to the Executive Board for approval.
If the Board approves termination, the agreement shall be terminated upon seven (7)
days written notice to the ContractorjSubgrantee.
b. The Agreement may be terminated or funds suspended in whole or in
part for cause. Cause shall include the following:
(1) Failure of the ContractorjSubgrantee to comply in any substantial
or material respect with either the terms or conditions of this agreement.
(2) Failure of the ContractorjSubgrantee to comply in any substantial
or material respect with either the terms or conditions of any other present or
past agreement between the ContractorjSubgrantee and the Prime Sponsor which facts
were discovered or determined during the period of this agreement.
.(3) The Grant to the Prime Sponsor from the Department of Labor for
this program is terminated, suspended, or reduced. The Prime Sponsor may also with-
hold payment of any unearned portion of the Agreement if the ContractorjSubgrantee
is unable or unwilling to accept any additional conditions that may be required by
law, by executive order, by regulations, or by other policy announced by the Depart-
ment of Labor at any time.
c. Upon termination of the Agreement, the ContractorjSubgrantee will
remit any unencumbered balance of payments previously received as determined by
the Prime Sponsor to be due it. The action of the Prime Sponsor in accepting any
such amount shall not constitute a waiver of any claim which the Prime Sponsor may
otherwise have arising out of this agreement.
d. Upon suspension of funds, the ContractorjSubgrantee agrees not to
incur any costs related to, or connected with, any area of conflict from which
the Prime Sponsor has determined that suspension of funds is necessary.
24. The ContractorjSubgrantee shall not assign this agreement or any monies
due or to become due thereunder except as specified in the terms of this agreement,
without having first obtained the written consent of the Prime Sponsor.
25. The Prime Sponsor will not be
other than the ContractorjSubgrantee.
all subcontractors and agents.
obligated or liable hereunder to any party
The ContractorjSubgrantee shall so notify
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-, 26. The Contractor/Subgrantee will comply with the Clean Air Act and the
Federal Water Pollution Control Act as related to the use of facilities which
are on the Environmental Protection Agency's list of Violating Facilities.
27. The Contractor/Subgrantee understands and agrees that all Gross Income
earned by the Agreement supported activities during the period of this 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
Agreement may be deducted from the Gross Income to determine if any program income
exists. Any program income determined during the Agreement period shall be retained
by the Contractor/Subgrantee and, in accordance with the Agreement, shall be added
to funds committed to the program by the Prime Sponsor to be used to further eli-
. gible program objectives or will be deducted from the total Agreement costs on
which the Prime Sponsor's share of costs ~Ii 11 be based. The Contractor/Subgrant~e
further agrees to provide access to any authorized representative of the Prime
Sponsor for the exami nation of any records, books or documents rel ated to the
determination of program income in any manner.
28. The Contractor/Subgrantee understands and agrees that the Prime Sponsor
has the prerogative to unilaterally modify this agreement to that extent that it
deems necessary including reduction of funds, in order to meet Federal requirements
for funding under Titles III and VIII of CETA in accordance with the Youth Employ-
ment and Demonstration Projects Act of 1977.
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.
The contractor/subgrantee certifies that to the best of his/her
knowledge and belief, the data in this agreement are true and
correct, and that the filing of this Agreement has been duly
authorized by its governing body.
City of San Bernardino
(Legal Name of Contractor/Subgrantee)
195 North "D" Street
(Mailing Address)
San Bdno., CA 92401
(Ci ty. S.tate, Zip
Code)
N.R. "BOB" HOLCOMB. MAYOR
(Type Name & Title of Authorized
Representati vel
n~~~mh~r?R 1977
(Date of Signature)
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