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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CITY ATTORNEY
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Subject: RESOLUTION AUTHORIZING MAYOR TO
EXECUTE MEMORANDUM OF
UNDERSTANDING BETWEEN THE SAN
BERNARDINO COUNTY JOBS AND
EMPLOYMENT SERVICES DEPARTMENT
GAIN DIVISION AND THE CITY OF
SAN BERNARDINO
From: HUSTON T. CARLYLE, JR.
SR. ASSISTANT CITY ATTORNEY
Date: September II, 1997
Synopsis of Previous Council action:
September 2, 1997 - City Attorney directed to prepare an agreement in conjunction with the San Bernardino County
Jobs and Employment Services Department, Gain Division, for the funding of school crossing
guards.
Recommended motion:
Adopt resolution.
Contact person: HUSTON T. CARLYLE. JR.
Supporting data attached: Staff Re,port
FUNDING REQUIREMENTS: Amount:
Phone:
Ward:
3662
All
Source:
Finance:
Council Notes:
See Related Item t :; 3 4- S:J.
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0'115//99' I
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Agenda Item No. "I+" 1
TO:
FROM:
DATE:
AGENDA:
STAFF REPORT
Council Meeting Date: SEPTI;MBER 15, 1..9H
Mayor and Common Council
City Attorney's Office
September 11, 1997
September 15, 1997
At the Mayor and Common Council meeting of September 2, 1997, the City Attorney's
office was directed to prepare an agreement in conjunction with the San Bernardino
County Jobs and Employment Services Department, Gain Division, for the funding of
school crossing guards. Pursuant to that directive, the subject Memorandum of
Understanding is presented for action by the Mayor and Common Council.
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ALAN K. MARKS
CGo.fty Coun'"
CRAIG S. JORDAN
AssIGn! COOl1ly Counsel
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DEPUTIES
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CI1arIes J. Ut1cIn Palricia CamIll10tI
Paul F. Mordy Kevin L Nor..
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. Jean-Rene BasIe Carol A. ~
Alan 1.. Creen
Ct-IEF DEPUTIES
Ronald D. Reitz
R~ e. String...
Daniel B. Hauel8, .
Michael A. Sacha
COUNTY COUNSEL
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3IS NORTH ARROWHEAD AVENUE
SANIERNMOINO.CA.I2~t4Q. _
lREPHONE _7-6055
FAX (9OO)3117--lO68
September 10, 1997
Attorney Jim Penman
San Bernardino City Attorney's Office
300 North "0" Street
San Bernardino, CA 92418
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Dear Mr. Penman;
This letter concerns the proposed agreement between the City of San Bernardino
and the San Bernardino County, Jobs and Employment Services Department
(JESD) GAIN Division, to utilize GAIN participants as crossing guards for city
schools.
From discussions with you and information contained in newspaper articles, I've
come to understand that City school crossing guards were laid off earlier this year
as the City no longer wished to provide funding for the guards. Subsequently, the
city council members learned that GAIN participants could be used to fill these
pOSitions at no cost to the city.
As you are aware, placement of GAIN participants in work experience assignments
requires compliance with the Welfare and Institutions Code sections that govern
the GAIN program. The crossing guard positions are considered to be Alternative
Work Experience (AWEX) positions and placement in these positions is governed
by Welfare and Institutions Code section 11324.6.
Section 11324.6 requires that the following conditions be met for placement in
AWEX pOsitions:
Any employment or training position created pursuant to this article,
other than a preemployment preparation position, may not be created
as a result of, or may not result in, any of the following:
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Attorney Jim Penman
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September 10, 1997
(al Displacement or partial displacement of current employees,'
including, but not limited to, a reduction in hours of nonovertime or
'. overtime work; wages; or employmer)f benefits: . ..:,. . ',' .
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~ ~lbra~e'*fI,"l-fQ bf.,wJtI~lfieftJ ...h-ic"'~~.~~V..il~;~t>8 PI:9",ld;qq~IL
opportunities for current employees. .
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(c) The filling of a position, prior to compliance with applicable
personnel procedures .or.. provisions.. of. ,collectiv!! .. b.argaining
agreements.
(dl The filling of a position created by termination, layoff, or
reduction in work force, caused by the employer's intent to fill the
position with a subsidized position pursuant to this article.
(e) A strike. lockout, or other bona fide labor dispute. or violation of
any existing collective bargaining agreement between employee and
employers.
Please. ensure that the city's use of GAIN participants in crossing guard positions
complies with this provision.
Very truly yours,
ALAN K. MARKS
County Counsei
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REGINA A. COLEMAN
Deputy County Counsel
cc: Consuela Lykke
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01111197 1:13 AM
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF MEMORANDUM OF
3 UNDERSTANDING BETWEEN THE SAN BERNARDINO COUNTY JOBS AND
EMPLOYMENT SERVICES DEPARTMENT GAIN DIVISION AND THE CITY OF SAN
4 BERNARDINO.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San
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hereby authorized and directed to
of said City
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the Memorandum of Understanding between the San ernardino County
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Jobs and Employment Services Department Gain D~ision and the City
c
of San Bernardino, a copy of which is attac~d hereto as Exhibit
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SECTION 2.
The authorization (to execute the above-
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referenced Memorandum of Understanding is rescinded if the parties
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to the agreement fail to execute it within sixty (60) days of the
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passage of this resolution.
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HTC:ms[MemoUnd.Res]
1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF MEMORANDUM OF
2 UNDERSTANDING BETWEEN THE SAN BERNARDINO COUNTY JOBS AND
EMPLOYMENT SERVICES DEPARTMENT GAIN DIVISION AND THE CITY OF SAN
3 BERNARDINO.
;i
4 I HEREBY CERTIFY that the foregoing resolution wr:' duly
5 adopted by the Mayor and Common Council of the Cif of San
i'
6 Bernardino at a meeting thereof, held gh the
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Council Members:
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vote, to/wit:
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ABQ,1AIN ABSENT
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day of
, 1997, by the following
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NEGRETE
11 ARIAS
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10 CURLIN
12 OBERHELMAN
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13 DEVLIN
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14 ANDERSON
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15 MILLER
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Ci~tlr Clerk
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The foregoing resolution is/hereby approved this
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( om Mlnor, Mayor
j City of San Bernardino
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day
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, 1997.
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Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
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By:
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HTC:rns[MernoUnd.Res]
2
MEMORANDUM OF UNDERSTANDING
between the
SAN BERNARDINO COUNTY '.
JOBS AND EMPLOYMENT SERVICES DEPARTMENT
GAIN DIVISION
and the
CITY OF SAN BERNARDINO
WHEREAS, the State of California in Chapter 1025 of the Statutes of 1985 Welfare and Institutions Code
Section 11320, et seq" enacted the 1985 Greater Avenues for Independence (GAIN) Act which includes
the provision of training services to Aid to Families with Dependent Children (AFDC) applicants/recipients,
and
WHEREAS, the San Bernardino County Jobs and Employment Services Department, hereinafter referred
to as JESD, GAIN and/or County, administers the GAIN Program in accordance with Welfare and
Institutions Code 11320 and California Department of Social Services (CDSS) Regulations MPP 42-700,
and
WHEREAS, in order to comply with the GAIN Act and the CDSS regulations implementing said legislation,
each County must arrange for or provide nonsalaried Work Experience training services to its AFDC clients,
and
WHEREAS, the City of San Bernardino, hereinafter referred to as Contractor, has experience in providing
training services/work experience to individuals through its function as a public/private non-profit entity,
and
WHEREAS, GAIN desires to enter into an agreement with the Contractor for the provision of nonsalaried
work experience training to San Bernardino County AFDC clients,
NOW, THEREFORE, the parties mutually agree to the following provisions, conditions, and covenants,
EXHIBIT "A"
PPNP(Rev, 9/9/97)
Page 1 of 11
PREP/wORK EXPERIENCE AGREEMENT WITH PUBLIC/PRIVATE NONPROFIT AGENCIES
TABLE OF CONTENTS
SECTION I DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
SECTION II TERM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
SECTION III CONTRACTOR RESPONSIBILITIES ................................. 3
SECTION IV GAIN RESPONSIBILITIES ......................................... 5
SECTION V CONSIDERATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
SECTION VI GENERAL TERMS AND CONDITIONS ................................ 6
601 REMEDIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
602 INDEPENDENT CAPACITY ........................................ 7
603 INDEMNIFICATION/INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
604 ASSIGNMENT.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 8
605 MODIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
606 TERMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
607 COMPLETE AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
608 EQUAL EMPLOYMENT OPPORTUNITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 9
609 CONFIDENTIALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
610 POST AWARD CONFERENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
611 SIGNATURE OF AUTHORIZED REPRESENTATIVE ....... . . . . . . . . . . . . . .. . 10
612 MAINTENANCE OF RECORDS .................................... 10
613 AUDIT AND INSPECTIONS...................... .............. .. . 10
614 MONITORING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
615 GOVERNING LAW............................................. 10
SECTION VII ASSURANCES AND CERTIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Exhibit A
PPNPIRev. 9/9/971
Page 2 of 11
PREP/wORK EXPERIENCE AGREEMENT WITH PUBLIC/PRIVATE NONPROFIT AGENCIES
SECTION I - DEFINITIONS
1 01 ALTERNATIVE WORK EXPERIENCE (AWEX) - AWEX is a non salaried work experience assignment
with a public or private non-profit employer/agency, that shall enhance and renew job skills, build
work habits, or expedite the transition to unsubsidized employmE1nt.
102 PARTICIPANT - An AFDC applicant or recipient who has registered with GAIN.
103 PREEMPLOYMENT PREPARATION (PREP) - PREP is a nonsalaried work experience assignment with
a public or private non-profit employer/agency serving a useful public purpose or providing a needed
community service. The assignment shall provide the participant with basic job skills or enhance
existing job skills in a position related to her/his experience, training, or education.
104 QUALITATIVE MEASURES - An assessment of the degree of a participant's success in a work
experience assignment in terms of such attributes as the ability to follow directions, to complete
work assignments, to dress appropriately for work, to behave appropriately at the worksite, etc.
105 QUANTITATIVE MEASURES - An assessment of the degree of a participant's success in a work
assignment in terms of the amount of work completed, punctuality, adherence to an assigned work
schedule, etc.
106 WORK EXPERIENCE - Refers to an AWEX, PREP, or other GAIN nonsalaried work experience
training worksite assignment.
SECTION II - TERM
The term of this Memorandum of Understanding (MOUI shall commence upon the approval of the parties
hereto and will remain in effect until terminated in accordance with Section VI, paragraphs 601 and 606.
Performance shall begin when a GAIN Work Experience participant has been assigned to a worksite
sponsored by Contractor.
SECTION III - CONTRACTOR RESPONSIBILITIES
301 The Contractor shall provide supervised work activity for participants assigned to a worksite by
GAIN in the occupation(s) specified in the Work Exoerience Trainino Site Reouest.
302 A work experience position may not be created as a result of, or may not result in, any of the
following:
A. Displacement, or partial displacement, of current employees, including, but not limited to,
a reduction in regular work hours and overtime hours, wages, or employment benefits;
B. The filling of established, unfilled positions, unless the positions are unfunded in a public
agency budget;
C. The filling of positions which would otherwise be promotional opportunities for current
employees;
PPNPIRev. 9/9/97} Page 3 of 11
PREP/wORK EXPERIENCE AGREEMENT WITH PUBLIC/PRIVATE NONPROFIT AGENCIES
D. The filling of a position, prior to compliance with applicable personnel procedures or
provisions of collective bargaining agreements;
E. The filling of a position created by termination, layoff, or reduction in workforce (PREP);
F. The filling of a position created by termination, layoff, or reduction in workforce caused by
the Contractor's intent to fill the position through A WEX;
G. The filling of a work assignment customarily performed by a worker in a job classification
within a recognized collective bargaining unit in that specific worksite, or the filling of a
work assignment in any bargaining unit in which funded positions are vacant or in which
regular employees are on layoffs; or
H. A strike, lockout, or other bona fide labor dispute or violation of any existing collective
bargaining agreement between employees and employers.
Any employee of the Contractor who believes s/he has been displaced by a GAIN Work Experience
participant shall be permitted to participate in a series of grievance resolution procedures. This
includes an initial informal resolution step with GAIN Administration staff; a secondary formal
resolution step with CDSS, Administrative Adjudications Division; and a final Federal Appeal step
with the Department of Labor.
303 A Work Experience assignment shall not exceed thirty-two (32) hours per week, as required by
GAIN regulations. .
304 The Contractor shall assist and encourage GAIN participants to compete for job openings for which
they qualify within the Contractor's agency. Participants assigned to public agencies shall be
allowed to participate in classified service examinations equivalent to the positions they occupy,
as well as all open and promotional examinations for which experience in the position or other
relevant experience is qualifying under merit system rules.
305 Time worked in public agency work experience positions shall apply toward the participant's
seniority in the merit public agency positions only if permitted under state or federal law, local
ordinance, or applicable collective bargaining agreements.
306 During the work experience activity, the Contractor shall provide each participant with:
A. Reasonable and proper supervision and instruction regarding duties and work activities.
B. Safety instructions and equipment necessary to protect the participant and others from
injury and to protect equipment and property from damage, in accordance with OSHA
guidelines.
C. The same working conditions as provided for employees similarly employed, e.g., coffee
breaks and lunch breaks.
307 The Contractor shall provide GAIN with a record of the participant's attendance and performance
for the previous month, by the tenth of each month. The Contractor shall evaluate participant
PPNP{Rev. 9/9/97)
Page 4 of 11
PREP/wORK EXPERIENCE AGREEMENT WITH PUBLIC/PRIVATE NONPROFIT AGENCIES
performance using the Work Exoerience Trainina Site Suoervisor's Handbook and the worksite's
job standards discussed at the time of placement as a guide. Performance shall be measured in
both quantitative and qualitative terms.
308 The Contractor may authorize or permit a participant to operate a motor vehicle in connection with
a work experience assignment only under the following conditions:
If the services to be performed under this MOU require a participant to drive a vehicle, the
participant must possess a valid California Driver License at all times during the performance of the
work experience duties under this MOU.
In order for the participant to use any vehicle during the performance of her/his work experience
duties under this MOU, the participant agrees to allow the County to obtain a Department of Motor
Vehicles report of her/his driving record. If such report discloses that the participant has an unsafe
driving record, in the opinion of the County Risk Manager, the participant may be prohibited from
using any vehicle in performance of work experience duties.
In order for a participant to be able to use a private vehicle during the performance of duties under
this MOU, the participant shall be covered by vehicle liability insurance at least equal to the
minimum required under of the California Vehicle Code. Such requirements currently are:
(a) Fifteen Thousand Dollars ($15,000) for single injury or death;
(b) Thirty Thousand Dollars ($30,000) for multiple injury or death;
(c) Five Thousand Dollars ($5,000) for property damage.
Failure to comply with the requirements of this paragraph shall be deemed grounds for termination
of this MOU, pursuant to Section VI, Paragraph 606.
309 The Contractor will be responsible for the fingerprinting and background checks necessary for
assignment to the crossing guard program under AWEX. The locations, affected schools, and
required hours are set forth in Exhibit A.
SECTION IV - GAIN RESPONSIBILITIES
401 GAIN shall provide the Contractor with a copy of the GAIN Contract - Activity Aareement between
GAIN and the participant at initial placement and upon any subsequent renewal of the participant's
work experience contract. The Contract shall specify the type of work experience training (AWEX,
PREP, or other GAIN Work Experience activity) to be provided by the Contractor; the participant's
work experience schedule and location; and the length of the work experience assignment.
402 GAIN shall provide the Contractor with a copy of the Work Exoerience Trainina Site Suoervisor's
Handbook.
403 The number of hours an individual participates in an A WEX or other nonsalaried, non-PREP Work
Experience assignment shall be based on the Contractor's needs, not to exceed 32 hours per week.
PPNP(Rev. 9/9/97)
Page 5 of 11
PREP/wORK EXPERIENCE AGREEMENT WITH PUBLIC/PRIVATE NONPROFIT AGENCIES
404 The number of hours an individual participates in a PREP assignment shall be determined by GAIN
using the formula specified in MPP 42-730. The number of hours assigned may not exceed 32
hours per week. A PREP assignment shall not exceed one year.
405 The State of California provides Workers' Compensation insurance coverage for GAIN participants
in Work Experience activities. GAIN shall provide the Contractor with the forms required for
reporting participant injuries to the State Compensation Insurance Fund.
406 GAIN shall have the right to observe and monitor all activities involved in the performance of this
MOU.
SECTION V - CONSIDERATION
,
The County shall be responsible for compensating participants through their AFDC grant for the
performance of duties pursuant to this MOU. The Contractor is prohibited from making any payments to
the participant for work performed under this MOU.
It is further stipulated that no financial remuneration shall be paid by GAIN for work experience provided
by the Department to GAIN participants.
SECTION VI - GENERAL TERMS AND CONDITIONS
601 REMEDIES
A. Failure by the Contractor to comply with any of the provisions, covenants, requirements,
or conditions of this MOU shall be a material breach of the MOU. In such an event, the
County, at its sole discretion, and in addition to termination and any other remedies
available by law, may take the following actions:
1 . Provide written notice to the Contractor of the breach and the County's intention
to terminate the MOU if corrective action is not taken within thirty (30) days.
2. Meet with the Contractor to .discuss which conditions are not being met and how
to correct them.
3. Afford the Contractor an opportunity to cure the breach within the specified thirty
(30) days.
4. Terminate the MOU immediately if the Contractor fails to correct the breach within
thirty (30) days. Written notice shall be sent to the Contractor advising that the
County will exercise its right to terminate the MOU on a specific date as a result
of unsatisfactory performance.
B. The County may terminate this MOU and be relieved of any commitment for services
should the Contractor fail to perform the covenants herein contained at the time and in the
manner herein provided. In the event of such termination, the County will take action to
remove the participant from the work experience site and to place the individual elsewhere.
PPNP(Rev. 9/9/971 Page 6 of 11
PREP/wORK EXPERIENCE AGREEMENT WITH PUBLIC/PRIVATE NONPROFIT AGENCIES
602 INDEPENDENT CAPACITY
The Contractor and its agents and employees of same, in the performance of this MOU, shall act
in an independent capacity and not as officers or employees or .agents of the County of San
Bern3rdino.
603 INDEMNIFICA T10N/lNSURANCE
Indemnification - The Contractor agrees to indemnify, defend and hold harmless the County and
its authorized officers, employees, agents and volunteers from any and all claims, actions, losses,
damages, and/or liability arising out of this contract from any cause whatsoever, including the acts,
errors or omissions of any person and for any costs or expenses incurred by the County on account
of any claim therefore, except where such indemnification is prohibited by law.
Insurance - Without in any way affecting the indemnity herein provided and in addition thereto, the
Contractor shall secure and maintain throughout the contract the following types of insurance with
limits as shown:
Workers' ComDensation - The Contractor shall not be required to maintain Workers'
Compensation for GAIN AWEX/PREP/Work Experience participants. This shall be provided
by the California Department of Social Services (CDSS).
ComDrehensive General and Automobile Liabilitv Insurance - This coverage to include
contractual coverage and automobile liability coverage for owned, hired and non-owned
vehicles. The policy shall have combined single limits for bodily injury and property damage
of not less than one million dollars ($1,000,000).
Additional Named Insured - All policies, except for the Workers' Compensation, Errors and
Omissions and Professional Liability policies, shall contain additional endorsements naming the
County and its officers, employees, agents and volunteers as additional named insureds with
respect to liabilities arising out of the performance of services hereunder.
Waiver of Subrooation Riohts - Contractor shall require the carriers of the above required coverages
to waive all rights of subrogation against the County, its officers, employees, agents, volunteers,
contractors and subcontractors.
Policies Primarv and Non-contributorv - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the County.
Proof of Coveraoe - Contractor shall immediately furnish certificates of insurance to the County
Department administering the contract evidencing the insurance coverage, including endorsements,
above required prior to the commencement of performance of services hereunder, which
certificates shall provide that such insurance shall not be terminated or expire without thirty (30)
days written notice to the Department, and Contractor shall maintain such insurance from the time
Contractor commences performance of services hereunder until the completion of such services.
Within sixty (60) days of the commencement of this Agreement, the Contractor shall furnish
certified copies of the policies and all endorsements. Contractor's Certificate of Self-Insurance for
one million dollars ($1,000,000) will satisfy all insurance requirements under this Section.
PPNP(Rev. 9/9/97)
Page 7 of 11
PREP/wORK EXPERIENCE AGREEMENT WITH PUBLIC/PRIVATE NONPROFIT AGENCIES
Insurance Review - The above insurance requirements are subject to periodic review by the County.
The County's Risk Manager is authorized, but not required, to reduce or waive any of the above
insurance requirements whenever the Risk Manager determines that any of the above insurance is
not available, is unreasonably priced, or is not needed to protect tDe interests of the County. In
addition, if the Risk Manager determines that heretofore unreaso(l8bly priced or unavailable types
of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager
is authorized, but not required, to change the above insurance requirements, to require additional
types of insurance coverage or higher coverage limits, provided that any such change is reasonable
in light of past claims against the County, inflation, or any other item reasonably related to the
County's risk.
Any such reduction or waiver for the entire term of the Agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by amendment to
this Agreement. Contractor agrees to execute any such amendment within thirty (30) days of
receipt.
604 ASSIGNMENT
The Contractor shall not assign this MOU or transfer any interest or obligation in this MOU
(whether by assignment or novation) without prior written consent of the County. The Contractor
shall not enter into any Agreement with any other party under which such other party shall become
the recipient of claims due or to become due to the Contractor from the County without prior
written consent of the County.
605 MODIFICATION
No alteration or variation in the terms of this MOU shall be valid unless made in writing and signed
by the parties hereto, and no oral understanding or agreement not incorporated herein shall be
binding on any of the parties hereto.
606 TERMINATION
This MOU may be terminated upon thirty (30) days' written notice by either party. Notice required
by this Section will be effective upon the date of delivery of such notice of termination to the
authorized representative for either party to this MOU.
If, during the term of this MOU, State and/or Federal funds appropriated for the purposes of this
MOU are reduced or eliminated, GAIN may immediately terminate this MOU upon written notice
to the Contractor.
607 COMPLETE AGREEMENT
The Contractor acknowledges that this MOU, consisting of 11 pages and Exhibit A, inclusive, is
the full and complete document describing services to be rendered by .same to the County,
including all covenants, conditions, and benefits.
PPNPIRev. 9/9/971
Page 8 of 11
PREP/wORK EXPERIENCE AGREEMENT WITH PUBLIC/PRIVATE NONPROFIT AGENCIES
608 EQUAL EMPLOYMENT OPPORTUNITY
Contractor agrees to comply with the provisions of the Equal Employment Opportunity Program of
the County of San Bernardino and rules and regulations adopted pursuant thereto: Executive Order
11246, as amended by Executive Order 11375, 11625, 12138,,12432,12250, Title VII of the
Civil Rights Act of 1964 (and Division 21 of the Department of Social Services Manual of Policies
and Procedures and California Welfare and Institutions Code, Section 1000), the California Fair
Employment and Housing Act, the San Bernardino County M/WBE Policy 11-15, and other
applicable Federal, State, and County laws, regulations and policies relating to equal employment
or social services to welfare recipients, including laws and regulations hereafter enacted.
Contractor shall not unlawfully discriminate against any employee, applicant for employment, or
service recipient on the basis of race, national origin or ancestry, religion, sex, marital status, age,
political affiliation or disability. Information on the above rules and regulations may be obtained
from the DPSS Contract Compliance Designee at (909) 388-0208. San Bernardino County has a
goal of 15 percent (15%) Minority Business Enterprise (MBE) and 5 percent (5%) Women 8usiness
Enterprise (W8E) participation for all Contracts.
609 CONFIDENTIALITY
The Contractor agrees to require its employees to comply with the provisions of Section 10850
of the Welfare and Institutions Code and Division 19-000 of the Department of Social Services
Manual of Policies and Procedures to assure that:
A. All applications and records concerning any individual made or kept by any public office or
agency in connection with the administration of any provision of the Welfare and
Institutions Code relating to any form of public social services for which grants-in-aid are
received by this State from the Federal Government will be confidential and will not be
open to examination for any purpose not directly connected with the administration of such
public social service.
B. No person will publish or disclose or use, or permit or cause to be published, disclosed, or
used, any confidential information pertaining to an applicant or recipient.
C. Contractor agrees to inform all employees, agents, and partners of the above provisions,
and that any person who knowingly and/or intentionally violates the provisions of this
Section is guilty of a misdemeanor.
610 POST AWARD CONFERENCE
A post award conference (PAC) will be held within the forty-five (45) day period following the
participant's start date at the work experience site. The purpose of the PAC is to ensure that both
GAIN and the Contractor have a clear, comprehensive, and mutual understanding of the terms and
conditions of this MOU.
PPNPIRev. 9/9/971
Page 9 of 11
PREP/wORK EXPERIENCE AGREEMENT WITH PUBLIC/PRIVATE NONPROFIT AGENCIES
611 SIGNATURE OF AUTHORIZED REPRESENTATIVE
The signatures of the parties affixed to this MOU affirm that the signing parties are duly authorized
to commit and bind their respective institutions to the terms ang conditions set forth in this
document.
612 MAINTENANCE OF RECORDS
Records, in their original form, shall be maintained in accordance with requirements prescribed by
GAIN and the County with respect to all matters covered by this MOU. Such records shall be
retained for a period of three (3) years following the termination of this MOU and all other pending
matters. .Pending matters. include, but are not limited to, audit, litigation, or any other actions
involving the records. GAIN may, at its discretion, take possession of and retain said records.
Records pertaining to matters covered by the MOU shall be retained in their original form within
San Bernardino County. Written authorization must be granted by the County to remove any
records from their specified locations within the County.
613 AUDIT AND INSPECTIONS
At any time during normal business hours, the County of San Bernardino, the State of California,
and the Federal Government reserve the right to audit the records of the Contractor with respect
to matters covered by this MOU. The above-mentioned agencies shall have tl:le authority to audit,
examine, and make excerpts or transcripts from, any and all records pertaining to this MOU.
614 MONITORING
To ensure compliance with GAIN regulations and the terms and conditions of this MOU, GAIN shall
have the right to monitor all work performed pursuant to this MOU. Full cooperation shall be given
by the Contractor in any monitoring conducted by County, State, or Federal agencies.
Representatives from the above-mentioned agencies shall have the right to review all papers,
records, documents, books, corporate minutes, and other pertinent items necessary to complete
their monitoring reviews.
615 GOVERNING LAW
The Contractor understands that this MOU shall be governed and construed in accordance with all
of the laws of the State of California, in addition to any cited herein.
SECTION VII - ASSURANCES AND CERTIFICATIONS
In addition to, and consistent with, the regulations issued pursuant to the Greater Avenues for
Independence Act, the Contractor specifically makes the following assurances and certifications:
701 It will comply with the requirement that no program under the Act shall involve political activities.
702 It will not employ or assign GAIN Work Experience participants to any sectarian facility, except as
provided by regulations promulgated under the Act.
PPNP(Rev. 9/9/971
Page 10 of 11
PREPIWORK EXPERIENCE AGREEMENT WITH PUBLIC/PRIVATE NONPROFIT AGENCIES
703 It will maintain appropriate stenderds for heelth and safety in work or training services without
regard to age, sex, or ethnicity.
704 It will maintain adequate administrative and accounting controls, personnel standards, evaluetion
procedures, availability of training, and other policies which !Ire necessary to promote the
effectiveness of the GAIN Program.
I
.I
COUNTY OF SAN BERNARDINO
JOBS & EMPLOYMENT SERVICES DEPARTMENT
/
,
CITY OF SAN ~RNARDINO
i
I
;'
BY
BY
/
Janice Eisenbeisz
,
Tpm Minor
j
Dated Dated;'
Colton, CA 92324
dress: 300 North D Street
Title: Deputy Director, JESD
Address: 851 South Mt. Vernon, Suite 22
San Bernardino, CA 92401
PPNP(Rev. 9/9/971
Page 11 of 11
/
Exhibit A
SAN BERNARDINO SCHOOLS AND
CROSSING GUARD SITES
# SCHOOL LOCATION HOURS
1 Rio Vista PennsylvaniaIBaseline 8:15-9:00 & 3:30-4:00
2 Parkside 4Oth/Waterman 8:00-9:00 & 12:00-12:30 & 3:15-4:00
3 Parkside 38th/Waterman 8:00-9:00 & 12:00-12:30 & 3:15-4:00
4 Bradley 13th/Waterman 7:40-9:00 & 12:05-1:00 & 3:15-4:00
5 Bradley Base LinelWaterman 8:20-9:00 & 3:20-4:00
6 Kelly Meridian/Mil1 7:00-8:00 & 1:50-2:15
7 Urbita GrantlJ 8:15-9:00 & 3:30-4:00
8 Lincoln Base LinelMtn View 8:00-9:00 & 12:30-1:30 & 3:10-4:00
9 Lincoln l3thlMtn View 8:00-9:00 & 3:30-4:00
10 Lincoln 13th/Sierra Way 8:30-9:00 & 12:00-1:00 & 3:30-4:00
11 Riley 13th/G 8:15-9:00 & 11:45-12:00 & 3:30-4:00
12 Riley Base Line/G 8:00-9:00 & 12:30-1:00 & 3:30-4:00
13 Kendall University/College 8:25-9:00 & 11:45-12:30 & 3:30-4:00
14 Lytle Creek CongressIK 8:15-9:00 & 12:15-1:00 & 3:15-4:00
15 Lytle Creek "K" between MilllRialto 8:00-9:00 & 11:30-1:00 & 3:30-4:00
16 Roosevelt 16th/Garner 8:15-9:00 & 3:25-3:50
17 Bonnie Oehl HighlandIPalrn 7:45-9:00 & 12:00-12:30 & 3:30-4:00
18 Bonnie OeW HighlandIPalrn Same hours as #17 above.
19 Del Rosa Del RosalEureka 8:00-9:00 & 11:45-12:45 & 3:20-4:00
20 Emmerton 20th/Arden 8:00-9:00 & 1:05-1:35 & 3:30-4:00
21 Winn Myers 9thIMeridian 7:30-9:00 & 11:30-12:30 & 2:45-3:30
22 Marshall 30th1H St. 8:00-9:00 & 12:00-12:30 & 3:30-4:00
23 9th Street Waterman/Olive 8:10-9:00 & 12:10-12:45 & 3:20-4:00
24 Hillside 50th1Electric 8:10-9:00 & 3:10-4:00
25 Hillside 49thlMayfield 8:10-9:00 & 3:10-4:00
26 Alessandro 7thlMedical Center 8:20-9:00 & 11 :15-12:45 & 3:30-4:00
27 Wilson 28th/Sierra Way 8:10-9:00 & 11:45-12:20 & 3:15-4:00
28 Ingraham 19th/California 7:45-12:45 & 12:00-12:45 & 3:30-4:00