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RESOLUTION NO. /3// .;j-
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
2 WHEREBY THE CITY OF SAN BERNARDINO WILL OPERATE A TITLE I
WORK EXPERIENCE PROGRAM FOR THE PERIOD OCTOBER 1, 1977 -
3 SEPTEMBER 30, 1978.
4 BE IT RESOLVED BY THE I~YOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1.
The Mayor of the City of San Bernardino is
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authorized and directed to execute on behalf of said City, an
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agreement with the County of San Bernardino, whereby the City
8
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of San Bernardino will operate a Title I Work Experience
Program during the period October 1, 1977 - September 30, 1978,
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involving a total allocation of $53,715. A copy of this Agree-
11
ment is attached hereto, marked Exhibit "A", and incorporated
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herein by reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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Common Council of the City of San
~~eeting thereof, held on the
, 197f, by the following vote,
adopted by the Mayor and
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16
Bernardino at
1;1 day of
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to wit:
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AYES:
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NAYS:
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ABSENT:
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)
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/
City
lid day of
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The
f~OlutiO:
is hereby
1971
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BernardJ.no
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, '. SUi\';I~~.(~1S;'&fL~~~<~E-E'i~-' f'i;iO~Ni1Al~0~-3fft1~r8E
This Contract is entered into by the County of San ~~rnardino. ',hereinafter referred
to as PT"ime Sponsor and Ci tJ' ~n Bernard~no <
, hereinafter referred to as Contractor. The Contractor agrees to
openta th-f5i)rogram in' accordance with all provisions of this Agreement as inc.orpo-
rated herein, includin the Comprehensive Manpower Plan of the Prime Sponsor. '
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12. OBLIGATION, This action will:
GJ INCREASE D DECREASE 0 NOT CHANGE
1. 195 North "D" Street
MAILING ADDRESS
2., San Bernardino, CA 92401 .
, CITY ZIP CODE
the IMA obligation for this Contract
"'.". .
3. JAMES J. BURNS, EXECUTIVE DIRECTOR by $_53,J15
INDIVIDUAL RESPONSIBLE FOR PROGRAM
'- , OPERATION ( Name, Title) of $ 53,715
to a new level
4-. ,383-5205
", TELEPHONE NUMBER
13. EFFECTIVE DATE OF THIS ACTION:
10/1/77
S SERVED
14. CONTRACT PERIOD:
10/1/77
6. SOURCE OF FUNDS:
, - D Titl e I D Title, In D Other
( Specify )
-7_ TOTAL NUMBER TRAINI!lG~SLOTS, 23
,a. TOTAL PLANNED ENROLLMErlTS, 23
9. TOTAL PLANNED PLACEMENTS 4
,Ul--.LEN.GTH OF TRAINING ,6 mqnths
VETERAN WORK EXPE "
1l.,lIANDICAPPED WORK EXPE1UENCE INTERN
TRAINING OCCUPATION OR CLUSTER S
/ 9/30/78
A
15.
TYPE OF PROGRAM:
A. On-The-Job Training
B. Classroom Training
C. Work Experience
D. Services to Participants
( Specify Services )
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The Contractor certifies that, to the best of his/her knowledge and belief, the infor-
mation in this Contract is true and correct, and that the filing of this Contract has
been dul authorized bits overnin bod.
APPROVED FOR THE PRIME SPONSOR
APPROVED FOR THE CONTRACTOR
SIGNATURE
0,. ...
AND TITL
BURNS, EX TIVE DIRECTOR, CET
"BOB" HOLCOMB, MAYOR
DATE OF SIGNATURE
December 28, 1977
NAME AND TITLE
DATE OF SIGNATURE
3177
'.
CERTIFICATION SHEET
>'
A. Type of Organization:
City Government
B. Chief Officials/Officers of Organization:
(List Name and Titles)
1.
W.R. "BOB" HOLCOMB, MAYOR
2.
3.
4.
C. Chief Fiscal Officer, Bookkeeper or Accountant:
Name:
David P. Root, Finance DiY'ector
Address: 300 North "0" Street
Telephone: (714)
383-5242
D. Date This Organization Began Operation:
Month
Day
Year 1810
Federal Tax Number:
N/A
N/I\
E. State Identification Number:
This is to certify. that the above information is true, complete and
correct and that JAMES 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 with the
Attach a copy of the minutes
of the Governing Board of
your organization, specify-
ing authorization to enter
into this agreement.
Individual
Inland Manpower Association.
3/77
lUCfllE ~OFORTH
Title CITY CLERK
300 North "0" Street
San B~rnardtnn, Ca q?4nl
Address
383-5102
Telephone
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.CITY OF Siur B:Elu.~ARDINO
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W. l<. "80)" HOtCOJ,4l
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O?rICE Or TH= }}.,AYOl
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July 8. 1976
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TO WHOM IT 'MAY CONCERN:
RE:':-Desiif.'iition.of James'J~ Burns as Mayor's Repres8ntittiv6
. '
for Manpower:. Programs
.,'
This is to certLfJrl:ha.t.James-J. Bui:ns;-:Comprehe~ive Employment and
", Training Administration Director for the Cit<] of San Bernardino~ is
.- my designated representative for :Manpower programs and is authorized
to sign~..Qn my behalf, all concracts made between the City of San Ber- _.
naroirlo and other agencies, governmental or private, relative to all-
Comprehensive Employment and Training 'Employment progr
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Program Description: ,
The Comprehensive Employment and Training Administration of the Cit~ of San Bernardino ,..
will operate a Title I Work Experience program for CETA eligible veterans and handi-
capped individuals. Both of these special target groups will gain benefits from
. this program. Veterans, attending or planning to attend educational institutions I
will be assigned to positions in local government and Community based organizations;
handicapped individuals will be offered exposure to the work environment through
assignments to City departments and non-profit agencies. Program participants will
have assignments of six months or less at work sites. During this period, they
will work part time and gain valuable work experience that could lead to unsubsidized
employment. '
Recruitment:
Recruitment will be accomplished by the CETA Office.
will be accomplished through the distribution of job
organizati~ns, and local educational institutions.
An outreach recruiting effort
announcements to EDD, community
B. Intake:
Intake for all work assignments will be accomplished at the CETA Office. Applicants
will complete IMA form M-l, and City of San Bernardino application forms, with the
assistance of Intake Counselors.
C. Assessment:
Interviews for available positions will be conducted by panels consisting of organi-
zational representatives, a representative of the CETA Office, and an Affirmative
Action representative. The nature of the program, and the available positions
will be explained, All eligible applicants will be interviewed in accordance with
affirmative action principles.
D. Orientation:
Upon entering the program participants will be counseled regarding policies con-
cerning pay, time off, the nature of the program, their rights under Federal Law
and Complaint and Affirmative Action Procedures.
E. Training:
Training will be provided at the place of the work experience position assignment.
Participants will receive instruction in work habits, and attitudes. In addition,
they will also familiarize themselves with job skills needed for entry level positions
in a variety of fields.
F. SupportLve Services:
There will be no supportive services provided under this contract.
G.
H.
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Job Development and Placement:
CETA job developers will make efforts to
subsidized and unsubsidized employment.
will be kept at the CETA Office in order
place program participants in both
A file of program participants job
to facilitate this process.'
skills
Follow-Up:
There will be no follow~up accomplished under this contract.
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PROGRAi'l NAS'.?1\~.'IV_E D:::';._JCr:~-rPTr07'-,J
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Administrative Plan:
The staff of the CETA Office will maintain personnel files on all program participants.
CETA staff will monitor enrollment levels, placement rates, and e~penditure levels
on a monthly basis and notify the responsible staff members of deviations from planned
figures so that they can be corrected. Bi-weekly reports of line item expenditures
are prepared by the Finance Department 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 expanded to meet the needs of the work-
experience program. The accounting transaction and records are maintained under
the direct supervision of a qualified accountant. Funds ar~ kept in.a separate
bank account. Each check to employees, enrollees, or syppliers must be supported by
appropriate documentation, such a$ purchase orders, receiving report, payroll
vouchers and time and attendance reports. Enrollees and staff will have complete
personnel folders. Individual signed time reports must be submitted by each enrollee
and each staff member at the conclusion of the payroll period and counter-signed by
the supervisor. These reports are given to the proper supervisor for distribution. ,If
there are any complaints or grievances for non-receipt of funds, enrollees are advised
to contact the CETA staff, (If not satisfied at that point, they are referred to
next highest level, i.e., Inland Manpower Association). No components of the City of
San Bernardino's Work Experience program will be sub-contracted to other agencies.
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All participants assigned to community based organizations and non-profit organizations
will be outstationed.
. 7. Expenditures are recorded and reported on standard Federal reports reflecting both
actual and accrued expenditures by the Finance Department of the City of San Bernardino.
8. Subcontract Components:
There will he no components subcontracted under this contract.
9. The program will not generate any net or gross revenue to the City of San Bernardino.
10. Participant Selection:
All individuals enrolled in the Veterans Component will be Viet Nam Era, Recently
Separated, or Disabled Veterans who are enrolled or intend' to enroll in Area Colleges
or educational institutions. All individuals enrolled in the handicapped program
.will be physically, mentally, or emotionally handicapped individuals. All applicants
enrolled must meet CETA Title I eligibility criteria.
11. OJT Pro gr ams,:
This questidn applys to OJT programs only.
12. Complaint Procedure:
All complaiRts, oral or written, will be accepted by the Comprehensive Employment
and Training Administration at: 195 North "D" Street, San Bernardi,?o. If. the complaint
is from a participant, he/she must have attempted to resolve the complaint through
their supervisor, department head, executive director, employer or sponspr at their place
of employment. All complaints not submitted in writing must be reduced to writing and
the CETA Office will, if necessary, assist in the composition of the complaint.
Within five days after receiving the complaint, a CETA Official will be appointed
10 make an informal investigation of the complaint and arrange an informal conference
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 complainant and
his supervisor before a CETA hearing committee.
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If the complaint continues to be unresolved the participant may make a formal allegation
to the Affirmative Action Of~icer, Inland Manpower Association, 336 North La Cadena,
Colton, California 92324, or by telephoning (714) 824-2500.
Affirmative Action:
The Affirmative Action Plan of the Inland Manpower Association will apply to this
program. Generally stated, affirmative action prohibits disfriminat~on in employment
for reasons of race, religion, sex, national origin, or age. 'The plan is on file
with the Inland Manpower Association.
~3-<;
~ CUMULATIVE MONTHLY PROGRAM PLAN
ContraC"torISuh~r.\nh'c's N;lIw :lod Addr\':i~ Contruct/Subtrilllt PI;rlod I'rO&1"01O-. (;.nl....&..r'j Contr~cc/Subgr3nt t~.
City of San Bernardino FroD! "c
10-1-77 9-30-78 l~ork ., 8n?1_ln_n"lR
Expen ence
195 North "0" Street t:od. No.
San Bernardino, Ca 92401
A. B. c. 'l'fo;ma ;;,\1 ION C.\l'E<';tl;~lI::S If.
TOTAL CU:.u'I.F.TJ:D :'LA::Nf.l) D. 1::. (lCHl:';l.O 1-'. uraEll Co. S'o:~ I;ili?A-i:i.OC':...:_,
DATE f.NROUJIl::Nl'::; TF.AINH/C: EID:.OLUtEt'T INDH:Ec'r m:N t'(ISlnV~ p03In".'E ~f:A.~SHRS
(€:nd of 1II0:l.~ PI.ACt::.:ENTS ImrI.OY~iENT '1 EIt:i;~~,\1' 10:;$ n:R.\{I~^;10~S
10/31 17 0 17 0 0 0 0 0
11/30 21 0 21 O. 0 0 0 0
12/31 * 21 6 15 1 0 4 1 0
1/30 21 7 14 1 0 5 1 0
2/28 21 8 13 2 0 5 1 0
3/31 * 21 17 4 2 1 11 3 0
4/30 23 21 2 3 1 12 5 0
5/31 23 21 2 3 1 12 5 0
6/30 * 23 21 2 3 1 12 5 0
7/31 23 21 2 3 1 12 5 0
8/31 23 21 2 3 1 12 5 0
9/30' * 23 23 0 3 1 13 6 0
* "!' "!' "
DATE 10/31 11/30 12/31 1/31 2/28 3/31 4/30 5/31 6/30 7/31 8/31 9/30
\.~LF,"'R!: f.i.'C'!?Ir:;'!:s 1 2 2 2 2 2 3 3 3 3 3 3
VTf.tK~~-E~\ V~TER~.S 9 11 11 11 11 11 12 12 12 12 12 12
. YOUTH 14 - 21 0 1 2 2 2 2 2 2 2 2 2 2
OI.OI.:R ""lliU,Er.S 45+ 1 1 1 1 1 1 2 2 2 2 2 2
l.'Cl-:En 3 3 3 3 3 3 3 3 3 3 3 3
LHI[TF.D ENGi.lSII SI'E,.;.:T~::; 0 0 0 0 0 0 0 0 0 0 0 0
UANnICArl'Ejl 6 8 8 8 8 8 . 12 12 12 12 12 12
on"l':N'1JERS 0 0 0 0 0 0 0 0 0 0 0 0
f'!l(:r.M;T 01\. SI:.'.':io:':,\L 0 0 0 0 0 0 0 0 0 0 0 0
F MJ': ~()P.Kr:RS
F:1"mac l'lTKORIT1:F~. (TuT) 6 7 7 7 7 7 9 9 9 9 9 9
A. l':J~\CI~ 2 2 2 2 2 2 3 3 3 3 3 3
n. SI'Ar.;JSII N'!-:RJC:".:l 3 4 4 4 4 4 5 5 5 5 5 5
C. OHI1~K 1 1 1 1 1 1 1 1 1 1 1 1
3/77
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Program 'Occupational Summary #1
Contract/Subgrant No. 8021-10-03B
Program Name and Address:
CITY OF SAN BERNARDINO
195 North "D" Street
San Bernardino CA 92401
Occ~pational Title
NUMBER
Of Jobs
Veteran Work Experience
Intern
12
CErA Wage Comparable Duration
Rate Wage Rate Of Employment
(C) (D) (EJ
2.80 2.80 38 weeks
2.80 2.80 38 weeks
(A)
(B)
Handicapped Work
Experience Intern
11
,
TOTAL
23
" : , , " " ',', ,'.. "
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This form should be completed for Work Experience Program only. List all
occupational titles in column A, and complete columns B through E.
3/77
-5a-
Program Occupational Summary #2 Program Name and Address: .
CITY OF SAN BERNARDINO
Contract/Subgrant No. BO~ 1-1 0-01R 195 North "D" Street
S"n n f'A MU"
Number CETA Hage Comparable Durati on
Work Sites Of Jobs Rate Wage Rate Of Emp 1 oymen t
(A) (6) (C) (0) (E)
Veterans .
City of San Bernardino 7 2.80 2.80 38 weeks
Community College District 3 2.80 2.80 38 weeks
Non-Profit Organization 2 2.80 2.80 38 weeks
Handicapped
School of Hope 2 2.80 2.80 38 weeks
City of San Bernardino 9 2.80 2.80 38 weeks
TOTAL
I
11
This form should be completed for Work Experience Programs only.
work sites in column A, and complete columns Bthrough E.
List all
3/77
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-..:J (J) ~ (]T I-' ...... 00 0 ~ "" I-' ...... ~ ~~
I-' 00 (0 0 W "" "" "" (J) '" "TI I-';>:J
(]T IW ~ W ~ ~ (J) "l 0 (0 00 ~ I ;p
" 1-'''
:c> O-l
-l I......
~ O~
0
2 Woo
2 toG>
;>:J
C ~
(]T "" W W :s: 2
oo -l
W W -..:J ~ (]T ~ I-' ",
l- . lO - I-' W ;;0 2
-..:J (J) ~ (]T I-' ...... 00 "" ~ -..:J "" ...... c
I-' 00 (0 0 W I-' (]T ~ 0 W 3:
(., W -..:J ~ W 0 0 (]T 00' ~ ~ 0:;
* * ",
;>:J
-7-
BUDGET STATEMENT
Any expenditures for items not listed below or any expenditures in excess of amounts
shown for listed items will be unallowable costs and will not be reimbursed by the Prime
Sponsor without written approval from the Prime Sponsor prior to incurring the expense.
SECTION A - PARTICIPANT COSTS
Total
% x
% x
=
337
I. Participant Wages:
11 slots x $2.80 /hr. x ~hrs/wk x ~wks = R.OOn
12 slots x $2.80 /hr. x 2.Lhrs/wk x 2.5-wks = lfi Rnn
.
10 slots X $7 Rn /hr. x 2.LL-hrs/wk x .2.5..-Yks = 14.000
NOTE: In no case may a participant work more than forty (40) hours per week.
TOTAL PARTICIPANTS WAGES =
II. Participant fringe benefits:
Employer's cost of:
FI CA % x
W.e. .071 % x 47 .542
Other (specify)
=
=
=
TOTAL FRINGE BENEFITS =
III. Allowances: .
1. Basic Allowance:
x$ /hrx
2. Incentive Allowance:
x$ 30/wk x
3. Dependents Allowance:
(over two) of x $5/wk x
4. Unemployment Insurance Adjustment:
recei vi ng $ /wk x
wks
=
slots
hrs/wk x
slots
wks =
Participants with average dependents
wks =
wks
participants
= (
TOTAL ALLOWANCES =
)
IV. Other Partici ant Costs
Admi n.
Total
1. Cost of OJT Subcontracts
2. Participant Insurance
Rate =
3. Supportive Service Costs
a. Child Care
b. Health Care
c. Legal Services
d. Relocation Assistance
I
-.....--r---..-
I
e. Other Supportive Services
f. Enrollee Transportation:
mi/wk x wks x $
ac
Description)
enro 11 ees x
/mil e =
~""..,,'. ,-, ...,.~,~:,...,:,.'.:<:".:,-;
TOTAL PARTICIPANT COSTS:
3/77
-8-
.
Work Experience Component 8021-10~03B
SECTION C - OHlER PROGRAM COSTS Admin. Training Services Total
'.
1- Travel Costs I .....
_.._--~- -' ,
Rate! Miles! No. . .
Staff. Member (title) mil" t,'PP~ .. .... .' . .' .../'. ... ...
I 502 o;n?
Manpower Analvst .15 88 38
Counselor 15 69 38 'lCl? .,Q')
SUBTOTAL TRAVEL ...~ 894 894
........................... ............?i .~ ........
2. Per Diem i.C..C......... .... ......
Rate! No, 'i',...:;'.; ....;!. .; .ai'ii:
Staff Member (Title) & Reason Day Days o!
SUBTOTAL PER DIEM - .- .
~;1';r.: -
3. Conferences and meetings
4. Equipment (attach itemized list) 1 000 - 325 1 325
5. Supplies (attach description) 'l71 - 141 fi1?
6. Reproduction 400 'lRR 7RR
7. Equipment repair 52 - - 52
.
8. Rent:&67 sq ft x $ 32 !sq ft!mo x -9~os 1419 1.11Q
9. Utilities
10. Telephone 150 ......;i2.'jW..: 492 642
;>....................
11- Postage 30 <..i 44 74
12. Bonding and Insurance 'ii',~
.... '.' .... i.....i.......
13. Advertising .. .
14. Profit ..... ..' ........,;,; .;;.
15. Other Expenses (attach description) 150 150
TOTAL OTHER PROGRAM COSTS 2153 - 2789 484?
Hages t rl n~e III IOW- Admin. Tl'aining S.ervices T ota 1
Bene its ances
.
TOTAL PROGRAM COSTS 47,542 'l'l7 - U~1 - . 'lRR'l fi'l 71fi
Percent of Program 88.60 .62 3 91 R Rfi . 100
.-lU-
3/77
~----------------
. .
, ,
----~
P~OGRAM NARfiAnl_LJ2F.SC~LE)ILC1tl
4. EQUIPMENT: Admin Service Total
Xerox Equipment
Rental
34.86 per week
.x 38'wks. 1,000.00 325.00 1,325.00
5. Supplies
Desk top supplies
such as ball point
ens, pencils, tape
manila folders,
paper, xerox paper,
typewriter ribbons,
columnar pads, etc.
13.47 per 'week
x 38 weeks 371.00 141. 00 512.00
6. Reproduction
$20.21 per week
x 38 weeks 400.00 368.00. 768.00
7 . Equipment Repair
1. 37 per week
x 38 weeks 52.00 52.00
10. Telephone
16.92 per week
x 38 weeks 150.00 492.00 642.00
11. Postage
1. 94 per week
x 38 weeks 30.00 44.00 74.00
15. Other Expenses
Membership and
subscription for
U.S. Conference
of mayors/National
League of Cities
Employment and
Training Advisory
Service 75.00 75.00
Subscription' to
Bureau of National
Affairs Employment
and training
Reporter 7 5 '_~~ 150.00 150.00
3/77
CONTRACT #802l-l0-03B
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 (a Manpower
Analyst and a Counselor). Mileage is computed on the
basis of $.15 per mile. All claims for reimbursement must
be supported by detailed mileage records and state-
ments detailing why the travel was necessary for achieving
contractual objectives.
(4) Equipment:
Charges here reflect the usage of a Xerox 4000 copier.
$34.86 per week has been allocated as the amount of
Xerox rental to be charged to the Work Experience
program. This allocation has been made on the basis of
the average number of copies made per week for the Work
Experience program. 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. The weekly rate represents
approximately 31% of the average monthly rental charge.
This covers the cost of reproducing applications, forms,
reports, correspondence and other related materials
necessary for the Work Experience program.
(5) Supplies:
The expense for office supplies represents a weekly
average cost of $13.47. Supplies are ordered on
written demand (requisition order) by those staff
members assigned to the contract. Office supplies
used for this program are kept in separate files and
used only by those individuals assigned to the program.
(6) Reproduction:
Printing costs for reproducing Work Experience forms
are represented by a weekly average cost of $20.21.
Requests (requisition order) for printing are presented
in writing by those staff members assigned to the contract.
This cost covers the printing of job announcements and
applications for Work Experience positions in addition
to other forms necessary for the operation of the Work
Experience program.
(7) Equipment Repair:
Repair costs for office machinery are represented by a
weekly average cost of $1.37. These costs are for the
maintenance of IBM Selectric II Typewriter, Serial #
3326918, which is assigned to this contract.
(10) Telephone:
The expense for telephone useage represents a weekly
average cost of $16.92 for telephone services. Tele-
phone services are used for contacting sites, participants,
and applicants, and administrative aspects of program
operation.
(11) Postage:
The cost of mailing contractual correspondence, job
announcements, and interview announcements, are
represented by a weekly average cost of $1.94 (postage
rates x # items per week) .
(15) Other Expenses:
The cost ($150.00) 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
802l-l0-03B
$75 (9.4%)
$75 (18.9%)
The remaining costs for the publications were allocated
to CETA Titles II and VI, and Title I OJT.
ASSURANCES AriD CERTIFICATIONS
For purposes of these Assurances and Certifications the term "Contractor" shall
mean the organ i zat ion wh i ch l'las avla rded thi s agreement through a competa ti ve
process such as a Request for Proposal (RFP) process; the term "Subgrantee" sha11
mean the organization which was awarded this agreement through a sole source
procurement process. The term "ContractorjSubgrantee" sha 11 mean either
"Contractor" or "Subgrantee," as applicable, based on the aforementioned criteria.
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 OMS 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 of1 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 filing 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 with
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 proyram
wider the Act will discriminate \1ith respect to any program participant or any
app1'icant' 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 prOV1Slons 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 wi 11 give the DepartlTIent of Labor and the Comptroll er 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 which 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 \'/ill 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., work 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 applicable
workmen's compensation statute (section 703 (6) and 208 (4)).
n. The program will not result in the displacement of employed ~Iorkers
or impair existing contracts for services or result in the substitution of Federal
funds for other funds in connection with work that would other#ise be performed
(section 703 (7)).
-12-
o. Training will not be for any occupatlOns which require less .than .
two w2eks.of pre-employment tra i ni ng, unl ess immedi ate employment opportuniti es
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 I'Ihich 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 l'Iould 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 Hill 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 of 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 effective 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) for participants on Federally funded or assisted con-
struction projects, the prevailing rate established by the Secretary, in accordance
with the Davis-Bacon Act, as amended, when 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. Services and activities provided under this Agreement wllI be ad-
"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 facility
to be utilized for the agreement is under consideration to be listed on the EPA List
of Violating Facilities; and 3) it will include substantially this assurance, 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 selecting 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
appropri a te fu 11 or part- time opportuni ti es 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
-14-
timely basis, information on job vacancies and training opportunities funded u~der
Title I of the Act shall be provided to the State and local veterans employmen.t
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 \~ith the re-
quirements and provisions of section 106 and 107 of the Act.
7. The Prime Sponsor's f'1anagement Information System \.lill 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-
power 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 \~ith the
Prime Sponsor's FY 78 Schedule of AllGl./able 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 from 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 Admiliistration, 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 Con~ractors/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 \~ill 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 will
be accomplished on an accrual basis. The Contractor/Subgrantee further assures
that all records, documents and books pertaining to this Agreement will be available
for inspection by authorized Prime Sponsor personnel. All s~ch records, documents
and books shall be retained by the Contractor/Subgrantee for a period of three (3)
years subsequent to the termination of the Agreement.
-15-
14. The ContractorjSubgrantee assumes the fiscal and financial respons'ibil ity
for exceedi ng costs by 1 i ne item or category. No requests for Agreement modifi ca tions
will be honored by the Prime Sponsor if such requests represent expenses or obliga-
tions incurred prior to the ContractorjSubgrantee receiving written approval from the-
Prime Sponsor. Post Agreement costs will 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 unl ess 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 IMA standard OJT forms and will 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) Delivery of such property by the vendor.
(2) Issuance for use of such property in the performance 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 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. BondingjInsurance:
a. Prior to initial disbursement of funds to the ContractorjSubgrantee,
the Prime Sponsor sha 11 recei ve a s ta tement from the Contractor' sjSubgrantee I s Chi ef
Fiscal Officer or its insurer assuring that all persons handl ing 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
-16-
.any f.urther disbllrsements to the ContractorjSubgrantee unti1 it is assured that
coverage has been obtained. The ContractorjSubgrantee further agrees to assune
fu1l responsibility for liability in excess of $20,000.
b. The ContractorjSubgrantee agrees to obtain public liability and property
damage insurance including but not 1 imited to premises and automobile 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 ContractorjSubgrantee 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'sjSubgrantee's employees, and all expenses of investigation and defend-
ing against same including attorney, court andjor 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 cau\-Ied by the independent status of the
ContractorjSubgrantee, its agents or employees,
The acts of the ContractorjSubgrantee, 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-
tractorjSubgrantee. The ContractorjSubgrantee 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 ContactorjSubgrantee further
assures and certifies that it will comply with the ALLOWANCE PAYMENT HANOBOOK FOR
TRAINING FACILITIES as published 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. PERFORrW1CE STANDARDS
The, ContractorjSubgrantee 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 I,lith 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 ContractorjSubgrantee
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 compl ete tra i ni ng as specifi ed by incorporated statement herein.
-17-
23. Suspension or Termination of Agreement
a. Should the Prime Sponsor determine that suspension or terminatio~ of
the Agreement is required, the Prime Sponsor shall forward a written notice of such.
determination to the ContractorlSubgrantee fourteen (14) days prior to any initia-
tion by the Prime Sponsor of its termination procedures. Such notice shall contain
a detailed statement of facts upon which the Prime Sponsor's recommendation is
based and shall set a time and place to conduct a formal meeting with the Contractorl
Subgrantee to discuss ~,hether termination procedures \-,ill be initiated. If it shall
have been determined that suspension of funds is necessary, the Prime Sponsor shall
have the authority to suspend funds as may be deemed appropriate until corrections
are made in a manner sa ti sfac tory to the Prime Sponsor. I n no event sha 11 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 \~ri tten noti ce to the Contractor ISubgrantee.
b. The Agreement may be terminated or funds suspended in whole or in
part for cause. Cause shall include the following:
(l) Failure of the ContractorlSubgrantee to comply in any substantial
or material respect with either the terms or conditions of this agreement.
(2) Failure of the ContractorlSubgrantee to comply in any substantial
or material respect with either the terms or conditions of any other present or
past agreement between the ContractorlSubgrantee 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 ContractorlSubgrantee
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 ContractorlSubgrantee 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 ContractorlSubgrantee agrees not to
incur any costs related to, or connected with, any area of conflict from which
the Prime Sponsor has determi ned that suspension of funds is necessary.
24. The ContractorlSubgrantee 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 ContractorlSubgrantee.
all subcontractors and agents.
obligated or liable hereunder to any party
The ContractorlSubgrantee shall so notify
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. 26. The Contractor/Subgrantee will comply with the Clean Air Act a~d the'
Federal Water Pollution Control Act as related to the use of facilities whic~
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 will be based. The Contractor/Subgrant~e
further agrees to provide access to any authorized representative of the Prime
Sponsor for the examination of any records, books or documents related 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,t.he dat.a 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)
~ .~...
~ -
ized
.
San Bdno., CA 92401
(City, state, Zip
Code)
N.R. "BOB" HOLCOMB, MAYOR
(Type Name & Title of Au.t.horized
Representative)
Dp.cp.mhPT?R lq77
(Date of Signature)
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