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HomeMy WebLinkAboutResolution No. 5334RESOLUTION NO. 5334 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with County of Marin for Public Service Employment (PSE) Program a copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday the 1977, by the following vote, to wit: 4/77 fifth day of July , AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon N AL MARION A. GRADY - City Cler AGREEMENT THIS AGREEMENT, made and entered into this day of 3. 197 , by and between the COUNTY OF MARY], a political subdivision of the State of California, hereinafter referred to as "County", and City of San Rafael , hereinafter referred to as "Contractor", W I T N E S S E T H: In consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby agree as follows: 1. Contractor shall, in a satisfactory and proper manner as deter- mined by County, supply all necessary facilities, supplies and staff red -For-=1L'iS-Factary Performiance of , and silol1 p-=rform those ce—taln services described and set forth in the Program Description attached hereto as Exhibit A and made a part hereof. 2. The parties hereto agree that this agreement -shall not be con- sLrued as creating an employment or agency relationship, but that Contractor is an independent contractor. In this connection, all personnel staffing the programs enumerated herein shall be employees of Contractor or its delegate agencies. It is understood and agreed that County shall have no direct control of or responsibility for employees of Contractor or its delegate agencies. 3. In consideration of Contractor operation of the aforesaid ser- vices, County agrees to pay Contractor the sum of $ 100,923.00 said sum to be payable on demand as follows, subject to timely receipt of required reports: Within 10 days o f execution of this Agreement $14,418.00 Au-ust 1977 $14,418.00 November 1977 $14,418.00 Sept. 1977 14,418.00 December 1977 14,418.00 Oct. 1977 14,418.00 Januar; 1978 14,415.00 4. Contractor shall submit to County monthly reports of program activities on all programs funded pursuant to this Agreement. 5. Contractor shall expend the funds in accordance with the Pro- grz:m Budget attached hereto as Exhibit B and made a part hereof and shall submit to County monthly financial reports showing expenditures of the -1- funds payable hereunder un behalf of the various program,. Contractor shall render a final accounting not later than . Should Contractor's expenditure of County funds hereunder be less than the amount payable hereunder, Contractor shall return the difference to County not later - than 6. Contractor agrees that the amount specified in paragraph 3 above shall be reduced by the amount of any funds not spocified in Exhibit B received by Contractor from any governmental body or public or private organi- zation, including the United flay, when such funds are provided for the purpose of supporting the identical program and level of service described in the attached Exhibit A. Contractor further agrees that it shall promptly report the receipt of any such funds to County. n Oil i. l,'-'il!' Ja3:;Cl;;p_:U:: p'. ug. and financial records and accounts, to assure proper accounting of the expenditure of funds and the performance of services pertaining to this Agreement. Contractor shall retain said records for three years after the expiration or termination of this Agreement unless permission to destroy them is granted in writing by County. 8. Should County Wish to do so, it may undertake an independent audit and/or evaluation of Contractor's records and accounts of expendi- tures and program activities at its ovin expense, and Contractor agrees to furnish all items nec�_.ssary in County's discretion to complete said audit and/or evaluation, subject to restrictions on confidentiality as may be required by law. Said audit and/or evaluation may include but shall not be limited to the expenditure or receipt of program funds, program quality, the number and service characteristics of Contractor's clientele, and the relationship of Contractor's services to services provided by other agencies in the community. 9. Contractor shall, in the performance of this Agreement, com- ply with all applicable laws, ordinances, regulations and codes of the Federal, State and local governments. Contractor shall also abide by the provisions set forth in the Assurances and Certi-Fications attached hereto as Exhibit C and made a part hereof. 10. Contractor shall indemnify, defend and hold harmless the County of Marin, its officers, agents and employees, from any and all -2- claims, liabilities or ses of :2ctioh,, including cont tual claims for injuries or death to persons, or damage to persons or property, arising out of or in connection with the organization, promotion or operation of any program 'Funded pursuant to this Agreement. In this connection, Con- _ tractor agrees to maintain public liability insurance with limits of $100,000 per person and $300,000 per accident for bodily injury, and $25,000 for property damage, naming the County of Marin and its officers and employees as additional insureds during the term of this Agreement. Prior to payment of any or all claims under this Agreement, Contractor shall provide County with evidence of said insurance by filing with County and keeping up to date a certificate by the insurer to the effect that the insurance required by this Agreement is extended in favor of the County, and Said cert: i icaLo_ shall i urth's-r stat:_ th== I n:,u ranee policy nulnne r, the efFE!c t I ve dates (both commenceinen t and ex- piration) of the policy, the kinds and levels of insurance provided, and that the policy provides that notice of cancellation, termination, or any material change in coverage shall be delivered to County -ten (10) days in advance of the effective date of such cancellation, termination or change, 11. This Agreement, including the Exhibits attached hereto and made a part hereof, can be amended only by written agreement of the parties hereto. 12. This Agreement shall continue from to , unless earlier terminated as hereinafter provided. Either party hereto shall have the. right to terminate this Agreement at any time upon giving the other party hereto at least 30 days' written notice prior to the effective date of such termination, In the event of termination, then County's obli- gation to Contractor hr:reunder shall terminate forthwith, and Contractor will no longer be obligated to operate said programs, with the exception that Contractor will still be obligated to provide and/or maintain the reports and audits provided for in Section 1i., 5, 7 and 8. 13, Wi thot.lt prejudice to the foregoing, Contractor agrees that if, prior to the termination or expiration of this Agreeirlent, it is determined by County, upon any final or interim audit by County, that Contractor shall have failed in any way to comply with any requirements of this Agreement, thin Contractor shall forthwith bring itself into compliance and sizall pay -3- to County forthwith ti,:hatever sums are so disclosed to be ..ae to County or shall, at County's election, permit County to deduct such sums from whatever amounts remain not yet disbursed by County to Contractor pursuant to this or any subsequent Agreement; or if this Agreement shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, the Contractor shall pay to County forth- with whatever sums are so disclosed to or determined by County to be due to County. In the event of litigation between County and Contractor arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys fees From the other party in such an amount as may be fixed by the court. 14. This Agreement shall not be assigned without the prior approval •�i I: il:_. Boli"J i. ` Su, -%" i •�-0 i�5 O -I' i�il+� COI111Ly Oi M- r' in. 15. Notice under this Agreement shall be delivered to County in care of its: and to Contractor at IN WITNESS WHEREOF, the parties hereto have set their hands the clay and year first above written. COUNTY OF MARIM CONTRACTOR By M City of San Rafael 36b EMI BI T A Program Description A. Description of Project The Contractor will operate a project which will consist of: 1. Requesting residents whose property abutts open space to clear their yards of fire hazardous materials. 2. Collecting and disposing of the above debris. 3. Clearing fire breaks in the open space areas adjoining the neigh- borhood of Mont Marin, San Rafael Highlands, Terra Linda, Glenwood and Sun Valley. 4. Clearing brush on existing fire roads to allow for maximum access by fire apparatus. 5. Educating residents in protective measures to be undertaken prior to and during a fire. 6. Patroling the open space lands which have restricted access and the pari: system where the City Council has restricted the use of fire. The project will employ seventeen (17) positions as follows: Two (2) Brush Control Leadmen Eight (S) Brush Control Workers One (1) Weed Disposal Leadman Three (3) geed Disposal [corkers Three (3) Park Patrol Officers The project will have a duration of seven (7) months. The project area will be the City of San Rafael with a population of 46,300 and the unincorporated areas which encompass another 20,000 residents. B. Training The' Contractor will provide on-the-job training within a small work unit. The immediate supervisor will observe the participant's work capabilities and habits and concentrate on the improvement of any deficiencies. Mien City OT pan naiad 36b -2- applicable, the Contractor will offer training in specialized machines and technical skills. C. Job Sharing All the above positions will be available on a job sharing basis in that they are of a limited duration. D. Transition The Contractor will offer job placement assistance in the following manner: 1. Maintain a current listing of available employment. 2. Internally post all vacated positions for a period of five days. 3. Provide counseling as to job skills, work habits, etc. 4. Evaluate participants on a regular basis. 5. Allow, on a scheduled basis, interviews with prospective employers. 6. Maintain for a fourteen day period, the classified employment ads. 7. Assist, at the participant's request, in the completion of appli- cations for employment and any other pertinent information required by a prospective employer. City of San Rafael 36b EXHIBIT B Program Budget 1. Administrative Costs Publicity, advertising, mailings and special printings Tools required to complete project (shovels, rakes, hoes, chain saws, chemicals, etc.) Disposal fees for debris collected Rental fees for debris bogies Equipment rental, mileage, gas, oil and insurance for use of City -owned trucks Project supervision by City Personnel Total Administrative Cost 2. Wages Brush Control Leadmen (2) 7 months Brush Control Workers (8) 7 months Weed Disposal Leadmen (1) 7 months Weed Disposal Workers (3) 7 months Park Patrol Officers (3) 7 months Total 1;7ages 3. Fringe Benefits Brush Control Leadmen Brush Control Workers Weed Disposal Leadmen Weed Disposal Workers Park Patrol Officers Total Fringe Benefits 4. Training Costs 5. Service to Participants $ 1,300.00 341.00 3,000.00 1,000.00 1,900.00 2,300.00 $12,841.00 $10,822.00 39,592.00 4,949.00 13,293.00 15,750.00 $84,406.00 378.00 1,400.00 173.00 465.00 1.260.00 $ 3,676.00 ME Q#11 Total Costs $100,923.00 EXHIBIT C ASSURANCES AND CERTIFICATIONS A. General Assurances 1. The Contractor 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 and P.L. 94-444, hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; 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, boo! -,s, accounts, ana other docu,ients !ender the Act. 2. The Contractor further assures and certifies that if the regulations pro- mulgated pursuant to the Act are amended or revised, it shall comply with them. 3• In addition to the requirements of 1 and 2 above and consistent with the regulations issued pursuant to the Act, the Contractor makes the following further assurances and certifications: a. It will comply with Title VI and VII of the Civil Rights Act of 1964, (P.L. 88-352), and in accordance with Title VI and VII of the 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 otherwise subjected to discrimination under any program or activity for which the applicant received Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. b. 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 a grant is to provide employment or (2) discrimina- tory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. c. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (section 703(l) and 712). d. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquistion 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. e. It will comply with the provisions of the Hatch Act which limit the political activity of employees. f. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). g. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties (section 702(a)). h. It will give the Departm-ant 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 A9 r-;eman L. i. 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))- j. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). k. 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)). 1. 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 individuals 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 (sections 703 (6) and 208(4)). m. 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 (section 703M). n. 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-sufficient (section 703(9) and 105(a)(6)). -2- o. 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))• p. It will comply with the labor standards requirements set out in section 706 of the Act. q. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. r. For contracts and subcontracts in excess of $100,000 or where the contracting officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed $100,000 or if a facility to be used has becn the subject of a conviction under the Clean Air Act (42 U.S.C. 18770-B(c)(1)) or the Fedzral Water Pollution Control Act (33 U.S.C. 1319(0)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt, the Contractor assures that: (1) no facility to be utilized in the performance of the proposed contract has been listed on -the EPA List of Violating Facilities; (2) it wi l l notify the RA, 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 grant is under consideration to be listed on the EPA List of Violating Facilities; and (3) it will include substantially this assurance, including this third part, in every non-exempt contract, or subcontract. B. Additional Assurances Relating to Public Service Emoloyment Programs For public service employment activity, the Contractor further assures and certifies that: 1. 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 employment 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 205(c)(8)). 2. Agencies and institutions to whom financial assistance is made available under this title have undertaken cr will undertake, analyses of job descriptions and re.�!valuations and, where shown necessary, revisions of qualification requirements at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employment of those whom it is the purpose of the Act to assist (section 205(c) (18)). 3. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of (1) providing those persons employed in public service jobs who want to pursue work with the employer, in the sar-ie or similar work, with opportunities to do so -3- and to find permanent, upwardly mobile careers in that field, and (3) providing those persons so employed who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields (sections 205(c)(19) and 604). 4. The program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 5. The jobs is each promotional line in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public service jobs not subsidized under the Act, and assure that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bar- gaining agreements have been complied with (section 205(c)(2LF)). 6. Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the Act (section 205(c)(24)). 7. Persons employed in public service jobs under this Act shall be paid wages which shall not be lower than whichever is the highest of: a. the minimum hourly wage set out in section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. The only exceptions to section 6(a)(1) are where a participant is to exempt under section 13, or those pertaining to the Commonwealth of Puerto Rico, the Virgin Islands, and American Samoa where wages shall be consistent with the Federal, State or local law otherwise applicable. Wages paid to participants in the Trust Territories of the Pacific Islands shall be consistent with local law, except on Eniwetok Atoll and Kwajalein Atoll, where section 6(a)(1) is applicable. b. the State or local minimum wage for the most nearly comparable covered employment; c. the prevailing rate of pay for persons employed in similar public occupations by the same employer (section 208(x)); d. the minimum entrance rate for inexperienced workers in the same occupation in the establishment, or, if the occupation is new to the establishment, the prevailing entrance rate for the occupation among other establishments in the community or area, or any minimum rate required by an applicable collective bargaining agreement; or e. the prevailing rate established by the Secretary, in accordance with the Davis -Bacon Act, as amended, for participants involved in employ- ment covered by the Davis -Bacon Act. 11M AGREEMEVIT THIS AGREEMENT, made and entered into this day of 197 , by and between the COUNTY OF 14ARIM, a political subdivision of the State of California, hereinafter referred to as "County", and City of Sa-n Rafael , hereinafter referred to as "Contractor", WITNESSETH: In consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby agree as follows: 1. Contractor shall, in a satisfactory and proper manner as deter- mined by County, supply all necessary facilities, supplies and staff re_;uired for perfarcian::c of, and shall perforin, those certain services described and set forth in the Program Description attached hereto as Exhibit A and made a part hereof. 2. The parties hereto agree that this agreement shall not be con- strued as creating an employment or agency relationship, but that Contractor is an independent contractor. In this connection, all personnel staffing the programs enunierated herein shall be employees of Contractor or its delegate agencies. It is understood and agreed that County shall have no direct control of or responsibility for employees of Contractor or its delegate agencies:. 3. In consideration of Contractor operation of the aforesaid ser- vices, County agrees to pay Contractor the sum of $ 39,690.00 , said sum to be payable on demand as follovIs, subject to timely receipt of required reports: 4. Contractor shall SUkMit to County monthly reports of program activities on all programs fundt,d pursuant to this Agreement. 5. Contractor shaII expend the funds in accordance with the Pro- gram B:idc1et attached hereto as Exhibit B and made: a part hereof and shall submit to County monthly financial reports shoving expenditures of the -1- Within 10 clays of execution of this Agreement $3,308.00 August 1977 $3,308.00 December 1977 $3,308.00 April 1978 $3,308.00 Sept. 1977 3,308.00 January 1978 3,308.00 May 1978 3,303.00 Oct. 1977 3,303.00 February 1978 3,308.00 June 1978 3302.00 Nov. 1977 3,308.00 March 1978 3,303.00 , 4. Contractor shall SUkMit to County monthly reports of program activities on all programs fundt,d pursuant to this Agreement. 5. Contractor shaII expend the funds in accordance with the Pro- gram B:idc1et attached hereto as Exhibit B and made: a part hereof and shall submit to County monthly financial reports shoving expenditures of the -1- funds payable hereunder on behalf of the various programs. Contractor shall render a final accounting not later than . Should Contractor's expenditure of County funds hereunder be less than the amount payable hereunder, Contractor shall return the difference to County not later - than 6. Contractor agrees that the amount specified in paragraph 3 above shall be reduced by the amount of any funds not specified in Exhibit B received by Contractor from any governmental body or public or private organi- zation, including the United Way, when such funds are provided for the purpose of supporting the identical program and level of service described in the attached Exhibit A. Contractor further agrees that it shall promptly report the receipt of any such funds to County. 7. Contractor sial i maintain on a currcnc basis co;iplet,-- prograia and financial records and accounts, to assure proper accounting of the expenditure of funds and the performance of services pertaining to this Agreement. Contractor- shall retain said records for three years after the expiration or termination of this Agreement unless permission to destroy them is granted in writing by County. 8. Should County viish to do so, it may undertake an independent audit and/or evaluatioir of Contractor's records and accounts of expendi- tures and program activities at its own expense, and Contractor agrees to furnish all items necessary in County's discretion to complete said audit and/or evaluation, subject to restrictions on confidentiality as may be required by lave. Said audit and/or evaluation may include but shall not be limited to the expenditure or receipt of program funds, program quality, the number and service characteristics of Contractor's clientele, and the relationship of Contractor's services to services provided by other agencies in the community. 9. Contractor shall, in the performance of this Agreement, com- ply with all applicable laws, ordinances, regulations and codes of the Federal, State and local governments. Contractor shall also abide by the provisions set forth in the Assurances and Certifications attached hereto as Exhibit C and made a part hereof. 10. Contractor shall indemnify, defend and hold harmless the County of Marin, its officers, agents and employees, from any and all -2- claims, t iabi 1 i ties or' u .uses of action, including conl, _teal claims for injuries or death to persons, or damage to persons or property, arising out- of or in connection with the organization, promotion or operation of any program funded pursuant to this Agreement. In this connection, Con- tractor- agrees to maintain public liability insurance with limits of $100,000 per person and $300,000 per accident for bodily injury, and $25,000 for property damage, naming the County of Marin and its officers and employees as additional insureds during the term of this Agreement. Prior to payment of any or all claims under- this Agreement, Contractor shall provide County with evidence of said insurance by filing with County and keeping up to date a certificate by the insurer to the effect that the insurance required by this Agreement is extended in favor of the County, i.._ ?� yes. id cal_ r'*_iier state `i;- -,: � r�•r�� r.a ��•.p ••�- Sa�� �.er_i� i sf.all f_+ insurance policy nuiiiber, the effective dates (both commencement and ex- piration) of the policy, the hinds and levels of insurance provided, and that the policy provides that.notice of cancellation, termination, or any material change in coverage shall be delivered to County ten (10) clays in advance of the effective date of such cancellation, termination or change. 11. This Agreement, including the Exhibits attached hereto and made a part hereof, can be amended only by written agreement of the parties hereto. 12. This Agreement shall continue from to , unless earlier terminated as hereinafter provided. Either party hereto shall have the right to terminate this Agreement at any time upon giving the other party hereto at least 30 days' written notice prior to the effective date of such termination. In the event of termination, then County's obli- gation to Contractor hereunder shall terminate forthwith, and Contractor will no longer be obligated to operate said programs, with the exception that Contractor will still be obligated to provide and/or maintain the reports and audits provided for in Section 4, 5, 7 and 8. 13. W i thou t prejudice to the -Foregoing, Contractor agrees that if, prior to the termination or expiration of this Agreement, it is. determined by County, upon any final or interim audit by County, that Contractor shall have failed in any way to co:,iply with any requi repents of this Agreea"'ant, then Contractor shall forth�.J th bring itself into compliance and shall pay -3- to County forthwith What._.er su:rs are se disclosed to be ra to County or shall, at County's election, permit County to deduct such sums from whatever amounts remain not yet disbursed by County to Contractor- pursuant to this or any subsequent Agreement; or if this Agreement shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, the Contractor shall pay to County forth- with whatever sums are so disclosed to or determined by County to be due to County. In the event of litigation between County and Contractor arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys fees from the other party in such an amount as may be fixed by the court. 14. This Agreement shall not be assigned without the prior approval U Ci"! :;JJrG OF SU(l�i'V i ; r • ,i. 15. Notice under this Agreement shall be delivered to County in care of its: and to Contractor at IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. COUNTY OF LIAR l N 6y CONTRACTOR M. EXHIBIT A PROGRAM DESCRIPTION City of San Rafael 36C A. Description of Project The Contractor will operate a project which will utilize to the fullest extent possible every available viater resource. The project will provide for a 'field investigation and inventory of the existing storm drainage system to determine where the system can be utilized for capturing and transporting water which is now going to waste. The project will also include locating areas where storage facilities could be installed for later pick-up for irrigation purposes and use in fire control. The project will employ three (3) Engineering Technicians. The project will have a duration of one (1) year. The project area will be the City of San Rafael and surrounding unincorporated areas. B. Training The Contractor1:rill provide on-the-job training within a small work unit. The immediate supervisor will observe the participant's work capabilities and habits and concentrate on the improvement of certain deficiencies. When applicable, the Contractor will offer training in the operation of specialized machines and technical skills. C. Job Sharing The Contractor will, to the extent feasible, utilize job sharing_ D. Transition The Contractor wi l l offer job placement assistance in the following manner: 1. Maintain a current listing of available employment. 2. Internally post all vacant positions for a period of -Five days. 3. Provide counseling as to job skills, work habits, etc. L�. Evaluate participants on a regular basis. S. Allow, on a scheduled basis, interviews with prospective employers. 6. Maintain for a fourteen day period the classified employment ads. 7. Assist, at participant's request, in the completion of job applications and the preparation of resumes. EXHIBIT B PROGRAM BUDGET City of San Rafael 36c 1. Administrative Costs Rental of City -owned vehicles (mileage, gas, oil and insurance) Maps and Engineering Drawings Research Texts Camera Film and Processing Supervisory Training by City Personnel Total •-"•,:.!T i n l s t ra L l ve CO5 ,_ 5 2. Mages Engineering Technician (3) 3. Fringe Benefits Engineering Technician 4. Training 5. Service to Participants Total Cos is $300.00 400.00 100.00 100.00 100.00 $ I,OGO.OG 29,700.00 8,990.00 -0- $39,69o.00 ASSURANCES AND CERTIFICATIONS A. General Assurances 1. The Contractor 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 and P.L. 94-444, hereinafter referred to as the Act, and with the regulations and policies promulgated thereunder; 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 docum--ilts under the Act. 2. The Contractor further assures and certifies that if the regulations pro- mulgated pursuant to the Act are amended or revised, it shall comply with them. 3. In addition to the requirements of 1 and 2 above and consistent with the regulations issued pursuant to the Act, the Contractor makes the following further assurances and certifications: a. It will comply with Title VI and V11 of the Civil Rights Act of 1964, (P.L. 88-352), and in accordance with Title VI and VII of the 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 otherwise subjected to discrimination under any program or activity for which the applicant received Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. b. 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 a grant is to provide employment or (2) discrimina- tory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. c. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (section 703(1) and 712). d. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquistion 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. e: It will comply th the nrovisions of the Hatc' ct which limit the political activity of employees. f. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). g. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties (section 702(a)). h. 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. i. 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)). j. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). k. 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)). 1. 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 �.,ho 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 individuals 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 (sections 703 (6) and 208(4)). m. 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 (section 703M). n. 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-sufficient (section 703(9) and 105(a)(6)). -2- o. The program hag adequate administrative and accounting controls, personnel sta rds, evaluation procedures, a\ lability of in- service training and technical assistance prog ums, and other policies as may be necessary to promote the effective use of funds (section 703 (14)). p. It will comply with the labor standards requirements set out in section 706 of the Act. q. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913• r. For contracts and subcontracts in excess of $100,000 or where the contracting officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed $100,000 or- if e, facility to be used has been th3 subject of 'a conviction u, -;der the Clean Ai r hct (42 U.S.C. 1357C-B(c) (I ) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or isnot otherwise exempt, the Contractor assures that: (1) no facility to be utilized in the performance of the proposed contract has been listed on the EPA List of Violating Facilities; (2) it will notify the RA, prior to award, of the receipt of any communication from the Director, Office of Fedaral Activities, U.S. Environmental Protection Agency, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and (3) it will include substantially this assurance, including this third part, in every non-exempt contract, or subcontract. B. Additional Assurances Relating to Public Service Emoloyment Programs For public service employment activity, the Contractor further assures and certifies that: 1. 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 employment 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 205(c)(8)). 2. Agencies and institutions to whom financial assistance is made available under this title have undertaken or will undertake, analyses of job descriptions and re ;valuations and, where shown necessary, revisions of qualification requirements at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary, with a view toward removing artificial barriers to public employment of those whom it is the purpose of the Act to assist (section 205(c)(18)). 3. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of (1) providing those persons employed in public service jobs who want to pursue work with the employer, in the same or similar work, with opportunities to do so -3- and to find permant upwardly niubile careers in -L t field, and � M providing those persons so employed who do not wish to pursue permanent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields (sections 205(c)(19) and 604). 4. The program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c)(21)). 5. The jobs is each promotional line in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public service jobs not subsidized under the Act, and assure that no job ti:ill be filled in other than an entry level position in each job category until applicable personnel procedures and collective bar- gaining agreements have been complied with (section 205(c)(24)). 6. Jobs are in addition to those that would be funded by the sponsor in the absence of assistance under the Act (section 205(c)(24)). 7. Persons employed in public service jobs under this Act shall be paid wages which shall not be lower than whichever is the highest of: a. the minimum hourly wage set out in section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. The only exceptions to section 6(a)(1) are where a participant is to exempt under section 13, or those pertaining to the Commonwealth of Puerto Rico, the Virgin Islands, and American Samoa where wages shall be consistent with the Federal, State or local law otherwise applicable. Wages paid to participants in the Trust Territories of the Pacific Islands shall be consistent with local law, except on Eniwetok Atoll and Kwajalein Atoll, where section 6(a)(1) is applicable. b. the State or local minimum wage for the most nearly comparable covered employment; c. 'the prevailing rate of pay for persons employed in similar public occupations by the same employer (section 208(a)); d. the minimum entrance rate for inexperienced workers in the same occupation in the establishment, or, if the occupation is new to the establishment, the prevailing entrance rate for the occupation among other establishments in the community or area, or any minimum rate required by an applicable collective bargaining agreement; or e. the prevailing rate established by the Secretary, in accordance with the Davis -Bacon Act, as amended, for participants involved in employ- ment covered by the Davis -Bacon Act. -4-