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Home My WebLink AboutMINUTES - 09201977 - R 77K IN 2 eW gwim 1977 i THE BOARD OF SUPERVISORS MET IN ALL ITS CAPACITIES PURSUANT TO ORDINANCE CODE SECTION 24-2.402 IN REGULAR SESSION AT 9:00 A.M. , TUESDAY, SEPTEMBER 20, 1977 IN ROOM 107, COUNTY ADMINISTRATION BUILDING, MARTINEZ, CALIFORNIA PRESENT: Chairman W. N. Boggess, presiding; Supervisors J. P. Kenny, N. C. Fanden, R. I. Schroder, E. H. Hasseltine. CLERK: J. R. Olsson, represented by Geraldine Russell, Deputy Clerk. The following are the calendars prepared for Board consideration by the Clerk, County Administrator and Public Works Director. 00001 4 ' CALENDAR FOR THE BOARD OF SUPERVISORS JAMES P.KENNY.RICHMOND WARREN N.BOGGESS I ST DI$"QICTT CHAIRMAN NANCY C.F'AHDEN.MARTINEZ CONTRA COSTA COUNTY ROBERT I.SCHRODER 2ND DISTRICT VICE CHAIRMAN ROBERT 1.SCHRODER.LAFAYETTE -AND FOR .LAMES R OLSSON•COUNTY CLERK 3RD DISTRICT AND EX OFFICIO CLERK OF THE 130ARD WARREN N.BOGGESS.CONCORD SPECIAL DISTRICTS GOVERNED BY THE BOARD MRS.GERALOINE RUSSELL 4TH DISTRICT BOARD CHAMBERS.ROOM 107.ADMINISTRATION BUILDING CHIEF CLERK ERIC H.HASSELTINE PITTSBURG PHONE(415)372.2371 5TH DISTRICT P.O.BOX 91 t MARTINEZ CALIFORNIA 94553 TUESDAY SEPTEINIBER 20, 1977 The Board will meet in all its capacities pursuant to Ordinance Code Section 24-2.402 . 9: 00 A.M. Call to order and opening ceremonies. Consider recommendations of the Public Works Director. Consider recommendations of the County Administrator. Consider "Items Submitted to the Board. " Consider recommendations and requests of Board members. Consider recommendations of Board Committees. 9: 45 A.M. Executive Session (Government Code Section 54957.6) as required or recess . a 10:45 A.M. Selection of an at-large member for position of Planning Commissioner of Contra Costa County . 10: 50 A.M. Presentation of annual report of Family and Children's Services Advisory Committee by Mrs. Mary Lou Laubscher. 11: 00 A.M. Hearing on appeal of DiGiorgio Development Corporation from Planning Commission conditional approval of Minor Subdivision 110-75 (Bob Parmenter, owner), Danville area. (Continued from August 23, 1977) 11: 15 A.M. Decision on appeal of Vista Grande Homeowners Association from Planning Commission conditional approval of tentative" map of Subdivision 4607 (McBain & Gibbs, applicant and owner), Danville area; hearing closed September 13, 1977• 11:15 A.M. Hearing on application of Mr. Morris L. Baker for increase in the number of card tables and 'hours of operation at the Pacheco Inn. 11:20 A.M. Hearing on application of Security Owners Corporation (2065-RZ) to rezone land in the Pleasant Hill area. ITEMS SUBMITTED TO THE BOARD ITEMS 1 - 9 : CONSENT 1. AUTHORIZE changes in the assessment roll. 2 . ACKNOWLEDGE receipt of report of accounts written off by the County Auditor-Controller, pursuant to Board policy as set forth in its Resolution No. 74/640. 3. APPROVE the following proposed annexations without hearing or election (Government Code Section 56322) : No. 77-9 (San Ramon area) to County Service Area L-42; and Subdivision 4617 (Oakley area) to County Service Area L-43. 00002 a � � Board of Supervisors' Calendar, continued September 20, 1977 4 . INITIATE proceedings and fix November 1, 1977 at 10: 45 a.m. for hearings on the following proposals: Allied Chemical Fire Boundary Reorganization (Riverview Fire Protection District) ; an Annexation No. 77-7 (Subdivisions 4764 and 4657, Danville area) to County Service Area L-42. 5 . FIX October 11, 1977 at the times indicated for hearings on recom- mendations of Planning Commission with respect to the following rezoning applications: 11:30 a.m. Matt Gonsalves, 2150-RZ, San Ramon area; and 11: 35 a.m. The Desco Group, Inc. , 2132-RZ, Pleasant Hill BARTD Station area. 6 . FIX October 18, 1977 at the times indicated for hearings on recom- mendations of Planning Commission with respect to the following: 11:10 a.m. Application of Lawrie Development (2151-RZ) to rezone land in the Danville area; and 11: 15 a.m. Proposed Ordinance Code Amendment concerning Sign Control Combining District for Alamo, Danville and San Ramon areas. 7. PROCLAIM the third week in October, 1977 as ESCROW WEEK. 8. AUTHORIZE legal defense for persons who have so requested in connec- tion with Superior Court Action No. 173115 . 9 . DENY the claims of Shirley Mulder, Sanford Murdock, Raiford Malone, Pacific Telephone and Telegraph Company (No. B-740-300) , Denise Rodriguez, and Charles K. Jackson. Items 10 - 23: DETERMINATION (Staff recommendation shown following the item. ) 10 . LETTER from Ms. Mary Ann Quinn, Aerial Engineering, Los Gatos , requesting Board to approve September 24, 1977 as the date for filming the painting of the flagpoles in front of the Courthouse. APPROVE, DATE REQUESTED OR, AS Ali ALTERNATIVE, A MUTUALLY AGREEABLE DATE 11. LETTER from President, San Ramon Homeowners Association, requesting that the Board study the feasibility of requiring that building permits for home construction in the San Ramon Valley be issued at a rate consistent With that at which the community can provide services to accommodate the growth. REFER TO DIRECTOR OF PLANNING FOR REPORT 12 . LETTER from Mrs. Genevieve Sattler, Secretary, Save Mount Diablo, suggesting that action be taken in line with State Department of Forestry's request that local governments take zoning action to minimize fire danger resulting from extension of homes into areas of high fire hazard. REFER TO DIRECTOR OF PLANNING 13. LETTER from Calvin Andre, Danville, inquiring with r6spect to provisions of county sign ordinances as they pertain to buainess establishments flying flags of their logo under the United States flag. REFER TO DIRECTOR OF PLANNING FOR RESPONSE a� .c?:w�; _ K x. Board of Supervisors' Calendar, continued September 20, 1977 14. LETTER from Mr. Owen Schwaderer, President, Blackhawk, requesting a, reduction in the speed limit on a portion of the existing Blackhawk Road and suggesting as a further long-term solution that the previously approved Blackhawk Road bypass, due for construction with Phase III, be conditioned concurrent with construction of the first improvements for Phase III. REFER TO PUBLIC WORKS DIRECTOR AND DIRECTOR OF PLANNI11G FOR RECOMMENDATION 15. LETTER from Ms. Elizabeth L. Schweiger, President, Child Abuse Prevention Council of Contra Costa County, Inc. , urging that an existing authorized position be assigned as a Child Abuse Coordinator function. REFER TO DIRECTOR, HUMAN RESOURCES AGENCY, FOR RESPONSE 16. LETTER from State Solid Waste Management Board advising that it has assumed the role of solid waste enforcement agency for the County because an enforcement agency has not yet been designated, and asking if the County intends to pursue designation of a local enforcement agency . REFER TO PUBLIC WORKS DIRECTOR FOR RESPONSE 17. PETITION from Carl Agler, Concord, et al, for a bicycle path from the intersection of Highway 4 and Solano Avenue to the Lion Oil Company Avon Refinery, and west on Waterfront Road to the Martinez Marina. REFER TO PUBLIC WORKS DIRECTOR 18. NOTICE of public hearings October 11, 13 and 14 by the State Depart- ment of Water Resources to receive evidence and comments on proposed "Operational Criteria for the State Water Project, December 1, 1977, to December 31, 1978. " REFER TO PUBLIC WORKS DIRECTOR 19 . LETTER from Director, Human Resources Agency, recommending that certain membership categories on the Manpower Advisory Council be referred to the Internal Operations Committee for review prior to appointment action by the Board. APPROVE RECOMMENDATION 20 . MEMORANDUM from Director, Human Resources Agency, requesting Board concurrence in the loan of a half-time Social Work Supervisor II to provide technical assistance to the State Department of Health for development of an outcome evaluation model for social services . APPROVE REQUEST 21. MEMORANDUM from County Superintendent of Schools commenting on recom- mendations of the 1976-1977 Contra Costa County Grand Jury. ACKNOWLEDGE RECEIPT, FORWARD COPY TO THE PRESIDING JUDGE OF THE SUPERIOR COURT WHO IMPANELED THE GRAND JURY, AND FILE COPY WITH THE COUNTY CLERK 22. LETTER from Senator J. A. Nejedly advising that the Contra Costa Youth Association has a primitive but adequate camp facility in Sierra County which could be considered as an alternative for a summer youth facility. ACKNOWLEDGE RECEIPT 23. COPY of Rules of Procedure adopted by the Human Services Advisory Commission. ACKNOWLEDGE RECEIPT Items 24 - 25: INFORMATION (Copies of communications listed as information items have been furnished to all interested parties. ) 24 . NOTICE from State Solid Waste Management Board of hearing to be held October 7, 1977 in Sacramento on proposed regulation to establish regional boundaries for solid waste management. 00004 i Lo Board of Supervisors' Calendar, continued September 20, 1977 25. NOTICE from Senate Committee. on Agriculture and Water Resources of hearing to be heed October 12, 1977 in Fresno on "Practices and Policies on the U.S. Bureau of Reclamation. " Persons addressing the Board should complete the form provided on the rostrum and furnish the Clerk with a written copy of their presentation. DEADLINE FOR AGENDA ITEMS: WEDNESDAY, 5 P.M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Finance Committee (Supervisors R. I. Schroder and J. P. Kenny) meets the 1st and 3rd Mondays of each month, 9:00 a.m., Room 108, County Administration Building, Martinez. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I NOTICE OF-rEET121% S OF PUBLIC INTEREST (For additional information please phone the number indicated) San Francisco Bay Conservation and Development Commission ist and 3rd Thursdays of the month - prone 557-3586 Association of Bay Area Governor.-eats 3rd Thursday of the loath - phone 841-9730 East Bay Regional Park District Is-t, and' 3rd Tuesdays of the month - phone 531-9300 'Bay Area Air Po?lett ion Control District lst, 3rd and 4th Wednesdays of the month - phone 771-6000 Nie tropoli tan Transportation Co=..-.S.ss ion 4th IYednesday o_ the month - phone 849-3223 Contra Costa County Slater District 1st and 3rd Ifednesdays of the month; study sessions all other Wednesd;;ys - phone 682--5950 Ot" OFFICE OF COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building Martinez, California To: Board of Supervisors Subject: Recommended Actions September 20, 1977 From: Arthur G. Will, County Administrator . I. PERSONNEL ACTIONS 1. Reclassification of positions as follows: Cost DeDartment Center From To County Clerk 2350 Senior Rey Election Data (Elections) Punch Operator Processing Coordinator Ir"01 Health 450 P. I. Community P. I. Family Planning Aide (5) Aide 450 . P. I. Community P. I. Family Planning Aide (3) Aide-Project 450 Intermediate Senior Clerk Typist Clerk 405 Hunan 0180 Welfare Clerical Human Resources. Resources Services Staff Assistant Advisor, r01 Probation 308 Administrative Administrative Services Services Assistant III Assistant II T01 Public Works 650 Associate Real e Assistant Real Property Agent Property Agent . r01 650 Environmental Associate Environmental Control Engineer Engineer, T11 650 Administrative Administrative Services Services Assistant 111 Assistant 11 M r 02 00006 I To: Board of Supervisors From: County Administrator Re: Recommended Actions 9-20-77 Page: 2. I. PERSONNEL ACTIONS - continued 2. Additions and cancellations of positions as follows: Cost Department Center Addition Cancellation Auditor- 0147 1 Data 1 Assistant Data Controller Processing Processing Operations (Data Technician Supervisor, #01 Processing) Civil 581 1 Deputy Service 582 County Counsel I (CETA) 1 Account Clerk Trainee 5 Typist Clerk Trainee 1 Custodian I 1 Administrative Analyst-Project 1 Collections Services Assistant-Trainee 1 Human Services Worker I 3 Human Services —' - Worker II 1 Human Services Worker III' Civil 035 Insurance Service Analyst I (class only) Insurance Analyst iI (class only) District 242 1 Legal 1 Intermediate Typist Attorney Services Clerk Clerk, #15 Medical 540 Health Care Services Counsellor I _ (class only) 00007 Counsellor Health Care V Counsellor II (class only) wl`iiE► ... -�..'.. ... �.. l:w ... „ _ ._.._.. :'..: - ... .. .r. .. }sl.f 4� 17 .r ..MJ}' ad':"''.•s .. To: Board of Supervisors From: County Administrator Re: Recommended Actions 9-20-77 _. Page: 3. I. "PERSONNEL ACTIONS - continued 2. Additions and cancellations of positions as follows: Cost Department Center -Addition -Cancellation Public 079 1 Real Property 1 Custodian II, 171 Works' Technician 472 1 Associate 1 Engineering Environmental Technician IV-Office Engineer X08 Orinda Fire 7080 1 Firefighter - Protection 1 Firefighter Fire Captain, X04 District 3. Decrease hours of positions as follows: Cost Department Center From To Library 3736 40/40 Library 20/40 Library Clerk (1) Clerk, #46 40/40 Library 20/40 Library (1) Assistant I, A56 Assistant I 3712 40/40 Library 20/40 Library (1) Assistant I, #19 Assistant I II. TRAVEL AUTHORIZATIONS 4. Name and Destination Department and Date Meeting (a) Arthur ffalenta Washington, D.C. Argue Case -in County Counsel 9-30-77 to 10-6-77 U.S. Supreme Court (Richmond USD Funds) (b) Elmer Rieger St. Paul, MN VA Insurance Veterans Service 10-4-77 to 10-6-77 Training Conference Office (1)Also add additional 20/40 position. To: Board of Supervisors From: County Administrator Re: Recommended Actions 9-20-77 Page: 4. I!. TRAVEL AUTHORIZATIONS - continued 4. Name and Destination Department and Date Meeting (c) Kenneth 'Chrisman New York, Boston, M_-A Conduct Audits Assessor and vicinity 9-25-77 to 10-14-77 Richard Enes St. Louis, MO, Conduct Audits Assessor Chicago, IL Milwaukee, WI 9-25-77 to 10-14-77 W. David Gray Detroit, MI, Ft. Wayne Conduct Audits Assessor IN, Indianapolis, IN and vicinity 9-25-77 to 10-14-77 Jack Shaffer Ohio, Pennsylvania Conduct Audits Assessor and vicinity 9-25-77 to 10-12-77 James Peterson Cleveland, OH Conduct Audits Assessor 10-2-77 to 10-22-77 III. APPROPRIATION ADJUSTMENTS None. IV. IrIENS AND COLLECTIONS 5. Authorize Chairman, Board of Supervisors, to execute Satisfaction of Lien taken to guarantee repayment of the cost of services rendered by the County to Robert and Rose Marie Bruce, who have made repayment in full. V. BOARD AND CARE PLACEMENTS/RATES 6. Amend Resolution No. 77/560, establishing rates to be paid to child care institutions during the 1977-1978 fiscal year, to change the rates of specified .institutions as approved by the Bay Area Placement Committee effective July 1, 1977, and to delete the Charter Oak Psychiatric Hospital, Covina. 7. Adopt resolution establishing rates for Foster Home Care for the period September 1, 1977 through August 31, 1978 , said rates to include a 6 percent increase as approved in the final budget- for fiscal year 1977-1978. _ OU009 To: Board of Supervisors From: County Administrator __ - Re: Recommended Actions 9-20-77 Page: 5. VI. CONTRACTS AND GRANTS 8. Approve and authorize Chairman, Board of Supervisors, to execute agreements between County and agencies as follows: Agency Purpose Amount Period (a) R. Gryiec Prepare EIR for Sub- $3,240* 9-21-77 to division No. 5009 6-30-78 * (Paid by developer) (b ) P.E.R.L. Prepare EIR for $6,800* 9-21-77 to & Asso- Rezoning 2127-RZ 6-30-78 ciates, Inc.* (Paid by developer) (c) Contra Indemnify and hold- - 9-21-77 to Costa harmless Association termination County from public liability of agreements Employees arising from ownership Retirement of buildings leased Association to County (d) United Head Start Program - $300 9-20-77 to Council of translation services 9-23-77 Spanish Speaking Organizations, Inc. (e) Elizabeth B. Area Agency on Aging $225 9-19-77 to Fielding Program - staff and (federal 9-30-77 volunteer training funds) (f) Philip Continuation of $4,000 7-1-77 to Peltzman, audiology services . 6-30-78 Ph.D. for George Miller, Jr. Memorial Center- East (g) Warren Head Start Program - $10,865 9-1-77 to Gayten psychologist services (federal 8-31-78 to handicapped funds) children (h) James J. Continuation of $15,740 9-1-77 to O'Donnell Employee Counseling - 6-30-78 Program 00010 To: Board of Supervisors From: County Administrator Re: Recommended Actions 9-20-77 Page: 6. VI. CONTRACTS AND GRz11,JITS - continued 8. Agency Purpose Amount Period (i) Mt. Diablo Continuation of $16,270 8-1-77 to Rehabilita- nursing home 6-30-78 tion Center ombudsman service for Social Service Dept. Area Agency on Aging Program (j) City of Third Year Community $357,524 7-1-77 to Antioch Development Program 6-30-78 Activities §4 and #30 (k) U. S. CETA Title I Grant $330,858 10-1-76 to Department Modification to (grant 9-30-77 of Labor decrease 1976-77 grant decrease) to allow funds to carry over to 1977-78 grant (1) State of Second year contract $58 ,255 12-1-77 to California for augmentation of (federal 11-30-78 Department Discovery Center funds) of Health Program (m) State of Continuation of Health $26,281 7-1-77 to California Dept. Child Immuniza- (state 6-30-78 Department tion Project funds) of Health (n) State of Supplement existing $87,854* 9-20-77 to California Health Dept. Child 6-30-78 Department Health and Dis- of Health ability Prevention Program to include Social Service component * (supplemental state funds) 9. Authorize Director, Human Resources Agency, to sign amend- ment to existing CETA Title I contract between the County and Worldwide Educational Services, Inc. , under the- terms of which the contractor will provide additional on-the-job training and manpower services with an increase: in the contract payment limit of $61,037 for the pericid October 1, 1976 through September 30, 1977. 00011 To: Board of Supervisors From: County Administrator Re: Recommended Actions 9-20-77 Page: 7. VI. CONTRACTS AND GRANTS - continued 10. Authorize Director, Human Resources Agency, or his designee, to negotiate contracts, extensions and amendments with certain service providers under specified terms and conditions for subsequent consideration and approval by the Board. VII. LEGISLATION 11. Consider status, and possible adoption of County position, on legislation affecting County. VIII.REAL ESTATE ACTIONS 12. Exercise option to extend lease for one year between County and John M. Allen et ux for continued occupancy or premises by Public Defender at 3825 Bissell Avenue, Richmond, on the same terms and conditions. 13. Authorize Chairman, Board of Supervisors, to execute a three-year lease renewal between County and Tenth and Bissell Associates for premises at 320 - 13th Street, - Richmond for continued occupancy by the Social Service Department. IX. OTHER ACTIONS 14. Accept as complete, effective September 1, 1977, herbicide spray week abatement work performed by Spilker Tree Service, Inc. for the Contra Costa County Fire Protection District, as recommended by Fire Chief A. V. Streuli. 15. Acknowledge receipt of memorandum from Employee Relations Officer advising that petition from the Union of American Physicians for a representation unit comprised of Health Department medical personnel has been reviewed and found qualified pursuant to Ordinance Code. Section. 34-12.002. 16. Authorize establishment of a petty cash revolving fund in the amount of $50 for the Office of Emergency Services. 17. Authorize County Treasurer-Tax Collector to solicit bids from various financial institutions for the temporary borrowing of funds not to exceed $15,000,000, pursuant to Gover-rLment -Code Sections 53840 through 53844 . O0012 To: Board of Supervisors From: County Administrator Re: Recommended Actions 9-20-77 Page: 8. IX. OTHER ACTIONS - continued 18. Approve and authorize the Acting Director, Office of Economic Opportunity, to execute and submit grant application documents to the Department of Health, Education and Welfare, Office of Child Development, for continuation. of the County Head Start Program during calendar year 1978. 19. Authorize Director, Human Resources Agency, to execute CETA Title VI subgrant agreements with various subgrantees for the period June 20, 1977 though September 10, 1978, subject to approval of the agreement form by County Counsel and under terms and conditions as set forth in said . agreements. 20. Adopt resolution reconstituting the federal Surplus Property Program in line with revised federal regulations, and authorize the Chairman, Board of Supervisors, to execute the applicable forms. 21. Consider submittal of HMO qualification application to the Department of Health, Education and Welfare as =T= required by the PHP contract between the County and State of California (September 27, 1977 deadline) . NOTE Following presentation of the County Administrator's agenda, the Chairman will ask if anyone in attendance wishes to comment. Issues will be carried over to a later time if extended discussion is desired. DEADLINE FOR AGENDA ITEMS: WEDNESDAY, 12 NOON O0- 013 CONTRA COSTA COUNTY PUBLIC WORKS DEPAM= Martinez, California TO: Board of supervisors FROM: Vernon L. Cline Public Works Director SUB=: Public Works Extra Business for September 20, 1977 SUPERVISORIAL DISTRICT I Iten 1. NORTH RICHMOND FF�.YVTAGE IMPROVEMENTS - APPROVE ADDENDUM - North Richmond Area It is recommended that the Board of Supervisors approve and concur in the Public Wbrks Director's prior issuance of Addendun No. 1 to the Plans and Speci.ficac:.ons for the North Richmond Frontage Improvements - 1977 project. This Addendum lists the goals and timetables for minority manpower utilization requirements for all Federally assisted construction con- tracts awarded in Contra Costa County. It will not change the bid quantities nor change the Engineer's estimated construction cost. Bids will be received on September 22, 1977. It was necessary to issue the Addendum prior to Board approval in order to provide the plan holders sufficient time for consideration of the change. (RE: Project No. 0565-4403-925-77) SUPERVISORIAL DISTRICT III Item 2. MORAGA FIRE PROTECTION DISTRICT - APPROVE PLANS AND SPBCIFICATIONS - Moraga Area It is recamex4ed that the Board of Supervisors, as ex officio the Governing Board of the Moraga Fire Protection District, approve the plans and specifications for the new Moraga Fire Protection District Administration Building, and direct its Clerk to advertise for con- struction bids to be received until 2:00 p.m., on October 20, 1977. The construction cost estimate is $130,000. This is an Economic Development Administration - Local Public Works Act project with $100,000 of the project cost being provided by a federal grant. (continued on next page) EXTRA BUSINESS Public Works Department Page 1 of 2 September 20, 1977 00014 Item 2 continued: A Negative Declaration pertaining to this project was posted and no protests were received. The project has been detenwied to conform to the General Plan. It is further reoam ended that the Board of Supervisors determine that the project will not have a significant effect on the environment and instruct the Director of Planning to file a Notice of Determination with the County Clerk. (RE: 7050-4098) (B&G) SUPEEnT2SORIAL DISTRICT V Item 3. SERVICE AREA M-23 - CALL ELECTION - San Patron Area It is reccettmended that the Board of Supervisors call an election to approve a maxitman tax rate of $0.70 per one hundred dollars ($100) of assessed valuation within Service Area M-23. It is further recommended that September 27, 1977 be set as the date of said election and that the County Clerk be authorized to take all steps necessary to conduct said election. Developer: Blackhawk Corporation 1871 Blackhawk Road Danville, California 94526 GENERAL Item 4. DET=C N FACn= - APPROVE ADDENDUM - Martinez Area It is re' .nded that the Board of Supervisors approve and authorize the Public Works Director to issue an Addendum to plans and specifica- tions for the Detention Facility Project approved September 13, 1977. The Addendum will be Addendum 1, Metal Decking, Project No. 5269-926-(45) . The Addendisn modifies the plans and specifications as requested by Kaplan/Mclaughlin, the project architect. Turner Construction CaVany, the construction manager, anticipates no increase in contract cost. Bids will continue to be received October 6, 1977. (RE: Project No. 5269-926-(45)) (DEP) EXTRA BUSINESS Public works Department Page 2 of 2 September 20, 1977 0oni.5 CONTRA COSTA COUNTY PUBLIC WORKS DEP_ RT_�'NT Martinez, California TO: Board of Supervisors FROM: Vernon L. Cline Public Works Director SUBJECT: Public Works Agenda for September 20, 1977 REPORTS Report A. WALNUT CREEK PROJECT - Central County Area By Board of- Supervisors Order of August 23, 1977, the Final Envi- ronmental Statement for the Walnut Creek Project, as submitted to the Board by the U.S. Army Corps of Engineers on August 12, 1977, was referred to the Public Works Director (Flood Control and Water Conservation District) for review in conjunction with the Director of Planning. The Public Works Department and the Planning Department have com- pleted their respective reviews of the Final Environmental State- ment and concur in the document findings. The Flood Control Dis- trict sent a letter to the Corps of Engineers on August 9, 1977, stating concurrence with the Final Environmental Statement. . This report is for information only and no Board action is required. (RE: Work Order 8290-2505, Flood Control Zone No. 3B) (FCD) SUPERVISORIAL DISTRICT I No Items SUPERVISORIAL DISTRICT II Item 1. SAKI PABLO AVENUE - ACCEPT EASEMENT AND RIGHT OF ENTRY AND APPROVE INDEMNIFICATION - Pinole Area It is recommended that the Board of Supervisors accept a Grant of Easement and a Right of Entry dated August 1, 1977, from Allan H. Liebert, et al, and approve a letter of indemnification which is required by the property owners as a condition of the use of the property covered by the two documents. There is no payment required for the Easement and Right of Entry. (continued on nest page) 0001 A G E N D A Public Works Department gage 1 of 3 September 20, 1977 e Item 1 continued: It is further recommended that the Public Works Director be autho- rized to sign said Right of Entry and letter of indemnification on behalf of the County. (RE: Project No. 0971B-4395-661-77) (RP) SUPERVISORIAL DISTRICT III Item 2. OAR ROAD - AUTHORIZE ADDITIONAL DEPOSIT - Walnut Creek Areae It is recommended that the Board of Supervisors authorize the Public Works Director to increase the contract contingency fund by an additional $11, 000 in order to fund overruns on the State- administered Oak Road Federal Aid 'Urban (FAU) project. In accordance with the procedures established by the Contra Costa County Urban System Technical Advisory Committee, a contingency fund of 5% is set up at the time an FAU contract is awarded and anv overrun in excess of 5% must be funded by the local agency. It now appears that the overrun will approach the 10% amount which the Board, by its Order of November 27, 1972, allows as contract contingency on a normal road budget project. The requestea increase will bring the available contingency fund up to about 9.6%. Sufficient funds for the increase are available in the current road budget. (RE: Project No. 4054-4189-661-74) (RD) SUPERVISORIAL DISTRICTS III, IV Item 3. I-680 FREEWAY - APPROVE AGREEMENT - Pleasant Hill Area A Freeway Agreement has been submitted -to- the County providing for the modification of Freeway Agreements executed in 1952 and 1954. This Agreement is for the section of I-680 between the north city limits of Walnut Creek, near Contra Costa Canal, to the south city limits of Pleasant Hill, 1/10 mile south of Oak Park Boulevard. Companion Agreements have been executed by the cities of Walnut Creek and Pleasant hill. This Agreement provides for a construc- tion project that includes modifications to the Oak Park Boulevard overcrossing, the Geary-Treat Boulevard overcrossing, the addition of auxiliary lanes on the freeway and the widening and improvement of adjoining local streets. All of the right of way acquisition (continued on next page) A G E N D AO(�(�5�� Public Works Department Page 2 of 8 VVV September 20, 1977 r � 1 Item 3 continued: and construction costs are to be borne by the State. By this Agreement the County agrees and consents to the modifications that are to be made on affected County roz.ds. It is recommended that the Board approve the Agreement and autho- rize its Chairman to execute it on behalf of the County. (TP) SUPERVISORIAL DISTRICTS III, V Item 4. DRAINAGE MAINTENANCE - AUTHORIZE PURCHASE ORDERS - Orinda- Pittsburg-Alamo-Danville Areas It is recommended that the Board of Supervisors authorize the Public Works Director to make arrangements for the issuance of Purchase Orders to the following in the amounts specified, being the lowest of 4 bids received for each area: Shore Acres and Vicinity• - Richmond- Crane Service Pittsburg area - Work- Order 4754-330 $3;450 Bolla Acres and Vicinitv SDilker Tree Service Alamo area - Work Order 4755-330 $2,745 Rancho Romero and' Vicinity Richmond Crane Service Alamo area - Work Order 4557-330 $1,675 Del Amigo and Vicinity Richmond Crane Service Danville area - Work Order 4752-330 $2,875 Orinda village and Vicinity Atlas Tree Service Orinda area - Work Order 4758-330 $3,025 Informal bids were opened in the Public Works Department on Tuesday, September 13, 1977, for routine ditch cleaning in various areas in accordance with Clauses 2a, 2b, 5a and 5b of the Drainage Maintenance Policy Board Resolution 72/17. This maintenance work is a Class I Categorical Exemption from Environmental Impact Report requirements. ' (RE: Work Order 4754-330 through 4758-330) (M) 0001$ A G E N D A Public Works Department - - - -- September 20, 1977 Page 3 of 8 SUPERVISORIAL DISTRICT V Item 5. ENCROACHMENT PERMIT 5401-1331 - REFUND CASH DEPOSIT - San Ramon Area It is recommended that the Board of Supervisors: 1. Declare that the improvements constructed under the Road Improve- ment Agreement for Encroachment Permit 5401-1331 have satisfac- torily met the guaranteed performance standards for one year. 2. Authorize the Public Works Director to refund to Safeway Stores, Inc. the $500 cash deposit as surety under the Subdivision Agree- ment. Developer: Safeway Stores, Inc. 47400 Kato Road Fremont, CA 94538 Location: Encroachment Permit 5401-1331 is located on Village Parkway, south of Alcosta Boulevard. (LD) Agenda Continues on Next Page A G E N D A Public Works Department �0�� Page 4 of 8 September 20, 1977 Item 6 . DEVELOPMENT PERMIT 3005-77 - APPROVE AGREEMENT - Danvi l'le Area It is recommended that the Board of Supervisors approve the Deferred improvement Agreement with Jerry Carter, et al. , and authorize the Public Works Director -to execute it on behalf of the County. The document fulfills a condition of approval for Development Permit 3005-77 as required by the Zoning Administrator. Owner: Danville Historic Properties 121 South Hartz Avenue Danville, California 94526 Location: The property fronts for 270 feet on -the northeast side of Railroad Avenue, 203 feet on the southeast side of Prospect . Avenue, and 2G3 feet on .the southwest side of Hartz Avenue, in the Danville area. (RE.: Assessor's Parcel No. 208-023-03 , 08, & 09) (LD) Item 7. HILLCREST AVENUE - APPROVE RIGHT OF..WAY CERTIFICATION -. Antioch Area It is recommended that the Board of Supervisors approve and authorize its Board Chairman to execute a Right of Way Certification to the State Department of Transportation that the County has acquired all rights. of way required for Federal and State aid assistance in connec- tion with the Hillcrest Avenue Improvement• Project. (RE: Project No. 7564-4426-661-78) (RP) Item 8. LAND USE PERMIT 2068-75 - APPROVE AGREE.'KENT - Danville Area It is recommended that the Board of Supervisors approve the Road Improvement .Agreement with C,lgcktower, Ltd. , and authorize the Public Works Director to execute it on .behalf of the County. The Agreement provides for the modification of a traffic -signal in conjunction with Land Use Permit 206877.5. The $3,000 deposit. required. by the Agreement has been received (DP #1402) . Owner: Clocktower, Ltd. P. O. Box 341 Davis, California 95616 Location: Land Use Permit 2068-75 is located on Hartz Avenue at Diablo Street. (RE: Work Order 6108-661) (LD) OU020 A G E N D A Public Works Department Page 5 of 8 September 20, 1977 _a Item 9 . COUNTY SERVICE AREA R-7 - ACCEPT CONTRACT -- Alamo Area It is recommended that the Board of. Supervisors accept as complete as of August 24 , 1977, the construction contract with Richard Sawdon, 2225 Lariat Lane, Walnut Creek, for Stone Valley School Neighborhood Park, and authorize its Clerk to file the appropriate Notice of Com- pletion. RE: Work Order 5464-927) (B&G) GENERAL Item 10. ACCEPTANCE OF INSTRUMENTS It is recommended that the Board of Supervisors: A. Accept the following instrument: No. Instrument Date Grantor Reference 1. Individual Grant 8-2-77 Eugene R. Boswell, Sub. MS 179-76 Deed et al. B. Accept the following instrument for recording only: l. ' Offer of Dedica- 8-31-77 Jerry Carter, D.P. 3005-77 tion for Roadway et al. Purposes (LD) Item 11. VARIOUS SUBDIVISIONS - DETERUNATION OF UTILITY EASEMENT RIGHTS It is recommended that the Board of Supervisors make a determination that the division and development of the properties described below in the manner set forth on the respective Parcel Maps will not un- reasonably interfere with the free and complete exercise of the public utility rights-of-way or easements. This determination is necessary to allow the filing of the respective Parcel Maps without the signatures of the public utilities or entities involved. Subdivision MS 11.3-75 Owner: Gregory B. Cherezian, et al. c/o Raymond Vail & Associates 101 Railroad Avenue Antioch, California 94509 Location: Subdivision MS 113-75 is located for approximately 738 feet on the south side of -State Highway 4 and for 1,090 feet on the east side of Empire Avenue, in the Oakley area. (continued on next page) A G E N D A 0VW.41 Public Works Department Page 6 of-8 September 20, 1977 Item 11 continued: Subdivision XS 52-77 Owner: Clovey LaCroix, et al. 499 Harper Lane Danville, CA 94526 Location: Subdivision MS 52-77 is located for 216 feet on the south side of Harper Lane at the southerly terminus of Rirkcrest Road, in the Danville area. Subdivision MS 183-76 Owner: James Paul Manning, et al. 1620 Litina Drive Alamo, California 94507 Location: Subdivision MS 183-76 is located at the end of Litina Drive, fronting on the 35-foot radius-.cul-de-sac, in the Alamo area. Subdivision MS 10-77 Owner: William Bell c/o Raymond Vail Associates 101 Railroad Avenue Antioch, CA 94509 Location: Subdivision MS 10-77 is located on the north side of Hoffman Road approximately lh miles south and east of Marsh Creek Road, in the Byron area. (LD) Item 12. CONTRA COSTA COUNTY SANITATION DISTRICT NO. 7-A - APPROVE AGREEMENT - Pittsburg-Antioch Area It is recommended that the Board of Supervisors approve and authorize .its Chairman to execute a Joint Exercise of Powers Agreement between Contra Costa County Sanitation District No. 7-A and Contra Costa County The Agreement provides for the performance of. services, by Public Works Department personnel, requested by the District to assure the continuity of matters related to the District's Subregional Treatment Facility Program. The Agreement further provides that the County collect from the Dis- trict charges for all labor utilized in carrying out the District's requests for services. (Work Order 5410-658 & 490) (EC) 00022 G E N D A Public Works Department age 7 of�8 September 20, 1977 Item 1.3. CONTRA COSTA COUNTY VATER AGENCY WEEKLY REPORT A. It is requested that the Board of- Supervisors consider the attached "Calendar of Water Meetings. " B. The Delta Water Quality Report is -submitted for the Board of Supervisors ' information and public distribution. No action required. C. Status Report on Senate Bill 346. (EC) NOTE Chairman to ask for any comments .by interested citizens in attendance at the meeting subject to carrying forward any particular item to a later specific time if discussion becomes lengthy and interferes with consideration of other calendar items 00023 1 G E N D P_ Public, Works- Department Page 8 "of-8 September 20, 1977 { Prepared by Chief Engineer of the Contra Costa County Water Agency September 14, 1977 CALENDAR OF WATER MEETINGS TIME ATTENDANCE 4TE DAY SPONSOR PLACE REMARK'S Recommended Authorization -pt 21 Wed. Mayors' 6:30 p.m. Presentation-- Port Conference Point Restaurant Proposed Peripheral Solano County Rio Vista Canal 5pt 22 Thurs. Sacramento- Afternoon Presentation-- Hasseltine Mother Lode So. Lake Tahoe Sacramento-San Port Regional Assn. Joaquin Delta of Co. Super- visors .t 12 Wed. American 7:30 p.m. Presentation-- Port Assn. of Pleasant Hill Delta mater Quality University Park and Rec. and the Peripheral Women Building Canal 0002 .; Contracts, Agreements, or other documents approved by the Board this day are microfilmed with the order except in those instances where the clerk was not furnished with the documents prior to the time when the minutes were micro- filmed. In such cases, when the documents are received they will be placed in the appropriate file (to be microfilmed at a later time/ 0001014.5 In the Board of Supervisors of Contra Costa County, State of California September 20 ' 19 In the Matter of Approving Personnel Adjustments. As recommended by the County Administrator, ISP IS BY THE BOARD ORDERED that the personnel adjustments attached hereto and by reference incorporated herein, are APPROVED. PASSED by the Board on September 20 , 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 20thday of_ September . 19 77 / J. R. OLSSON, Clerk Byx1G��iLGP � . Deputy Clerk Jamie L. Johnson 0UM H-24 3/76 15m I I i V POS I T I ON A D J U S T M E N T REQUEST No: COUNTY CLERK - RECORDER Department Fr,F,CTIOY ADMINISTRATIOit Budget unit 2350 Date Setitenber 13 , 19TT Action Requested: Cancel Senior Key Punch Operator and add Elections as soon a Data Processing Coordinator Proposed effective date: possible Explain why adjustment is needed: To more accurately reflect duties and resuo'sid lities . Contra Costa County Amount: Estimated cG,s-t o� adjustment: Rpt"FtVFD 1 . Sal ar-ies =and wages: $ 2. ,Fixed Assets: (Wt .i terns cued co.64 SEP 1 rice of ounty Administrator Estimated ` $ r Signature •l l ` r; -__ ��Bdpartment Head Initial Determination of County Administrator Date: September 13- 1277 To Civil Service: Request recommendation. f -5-urity Administrator c Personnel Office and/or Civil Service Coalission Date: September 13, 1977 Classification and Pay Recommendation Reclassify 1 Senior Key Punch Operator to Election. Data Processing Coordinator. Study discloses duties and responsibilities now being performed justify reclassification to Election _ Data Processing Coord4 Ater. Can be effective-day following Board.action. The above action can be accomplished by amending Resolution 71/17 to reflect the reclassi- fication of Senior Key Punch Operator position #01, Salary Level 287 (884-1075) to Election: Data Processing Coordinator, Salary Level 347 (1062-1290) . ASSISTANT ersonne irector Recommendation of County Administrator Date: September 16 , 1977 Recommendation of Civil Service Commission and/or Personnel Office approved, effective September 21, 1977. -&lCount ministrat Action of the Board of Supervisors S E p 2 0 1977 Adjustment APPROVED ( ) on J. R. OLSSON. Count Clerk Date: SEP 20 3Q77 By: ' , Jamie L. Johnson Deputy Cleric APPROVAL o5 t1vis adjustment eon6titute6 an Appnopxiation Adjus.tinent and P.munne,e Reaotati.on Amename.nt. NOTE: Tod section and reverse side of form mu.dt be completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. O P 300 (M347) (Rev. 11/70) ON � V POS I T I ON A D J U S T M E N T REQUEST No: Av �� Jf Department HEALTH Budget Unit 450 Date 3-17-77 ti Action Requested: Establish the class of Family Planning Aide and reallocate Community Aide (All P. I.)�7 Positions #607-801,�AG2, 803, $84, 806, 807, d 808. Proposed effective date: ASAP Explain why adjustment is needed: To more accurately describe the duties and responsibilitie of Aides working with the Family Planning Program. Estimated cost of adjustment: Amount: 1 . Salaries and wages: $ 2. Fixed Assets: (•i6 t items and coat) $ : Ms V=�,Cy Estimated total $ -0- '^^��""' - •" "' ' Signature 0 z / 2�--- Department Head Initial Determination of County Administrator Date: April 8, 1977 -To Civil Service: ��A' Pip-quest recommendation. .3'` L Count^'Admini strator Personnel:2)ffige agd/or Civil Service Commission ��ate: September 13, 1977 Cl assi fi La "r'ancb.Pay Recommendation Allocaterthe class`of Family Planning Aide. Reallocate persons and positions of Permanent Intermit�f-ent ggx munity Aide positions #801, #803, ##806; x:807, x808 to Family Planning-Aide. On Septhmber 1,3i 1977, the Civil Service Commission created the class of Family Planning Aide and.'fecomenc'red 1977-78 Salary Level 214 (708-860) and 1978-79 Salary Level 231 (745-906) Study discloses dirties and responsibilities now being performed justify reallocation to the class of Family Planning Aide. Can be effective day following Board action. The above action can be accomplished by amending Resolution 77/602 by adding Family Planning Aide. Also amend Resolution 71/17 to reflect the reallocation of Permanent Inter- mittent Community Aide, positions #801, #803, #x`806, #1807, #808 to Family Planning Aide, both at Salary Level 214 (708-860) . The above class is not exempt from overtime. Assistant Personnel afrector Recommendation of County Administrator ate: September 16 , 1977 Recommendation of Personnel Office and/or Civil Service Commission approved, effective September 21, 1977. County Administrator Action of the_ Board of Supervisors Adjustment APPROVED ) on J. R. OLSSON,: County Clerk Date: SEP 2 0 1977 Sy: cz- :; ,r ` ►-< .-'-. amie I-. Johnson Ueputy st APPRt?V.1L 0 'L{,S QC1jt1S- ?it'►ii CO1 bt.LiLLt' ,3 L r+, piU;.''i.Ccitic 2 Adjio;b;leiLi R:(i"t PQii6Oi1i2Qe WOTE: Top section and reverse side of form irurt be completed and supplemented, when appropriate, by an organization chart depicting the section orofficeaffected. P 300 (M347) (Rev. 11/70) 004 i e lJ P O S I T I O N ADJUSTMENT R E 0 U E S T No: Department f:ealth Budget Unit 450 Date 3-17-77 Action Requested: Establish a class of Family Planning Aide-Project, allocate 3 P.I. positions, and cancel Community Aide Positions 5802,804,805 Proposed effective date: ASAP Explain Why adjustment is needed: to define duties of the positions and reflect project nature of the funding. Estimated cost of adjustment: Amount: 1 . Salaries and Images: 2. Fixed Assets: (•Q-czt items and coz t) Estimated totalJA C-- Signature G- "_,.` .r ��st�%'�:' ✓ a t � Department Head �j Initial ileterrAna_on of County Administrator Date: April 8, 1977 To Civ ' Se- vice: 7t`egiiest recommendation. j Count 'Adm rofstrator Personnel Office and/or Civil Service Commission Date: September 14, 1977 Classification and Pay Recommendation Allocate the class of Family Planning Aide-Project on an�Exempt basis. Reallocate persons _ and positions of Permanent Intermittent Community Aide ptisitians #802, 804, 805 to Family Planning Aide-Project. The above action can be accomplished by amending Resolution 77/602, Salary Schedule for Exempt Personnel, by adding Family Planning Aide-Project at 1977-78 Salary Level 214(708-860) and 1978-79 Salary Level 231 (745-906); also amend Resolution 71/17 to reflect the realloca- tion of Permanent Intermittent Community Aide, positions #802, 804 & 805 to Family Planning Aide-Project, both at Salary Level 214 (708-860) . This class is not exempt from overtime. Assistant Personn2L Director Recommendation of County Administrator Date: September 16 , 1972 Recommendation of Personnel Office and/or Civil Service Commission approved effective September 21, 1977. G� Count mi n s r'a or Action of*the Board of Supervisors SEP 20 1977 Adjustment APPROVED ( ) on OLSSON, •. -:• County Clerk Date: SEP 2 0 1977 By: amore L. Johnson capury clerk APPROVAL 06 thia adju6tment eon6titute,6 tut Ap)_,Ltopni.ati.on Adju.6tment cutd Petsonnet RezobLti.on Amendment. NOTE: Top section and reverse side of form ►nubz be completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) .. r POSITION ADJUSTMENT R E Q U E S T No: '- Department HEALTH Budget Unit 450 Date 5/17/77 Action Requested: Reclassify Intermediate Typist Clerk position ;`05 to Senior Clerk Proposed effective date:.. Explain achy adjustment is needed: To properly classify position with respect to Pties...per4ormed Estimatecosi or adjustment: =' -=un=.;> Amount: l SalarlWs aid wages: •�.�Yi .v " $ 72/mo. x 1 2. `Fi xed`Assks: (t.Zst item,5 and coat) � 4 s`" =�^ y Estimated total 72.00 Dote...��,�'��5Signature Department Head Initial ,Determination of County Administrator _ Date: MaY 240 1g77 To Civil Service: Request recommendation. .,.,--r,.�•- Count dmi n-isf'rator- Personnel Office and/or Civil Service Commission ,D "te: Classification and Pay Recommendation Reclassify 1 Intermediate Typist Clerk to Senior Clerk. Study discloses duties and responsibilities now being performed justify reclassification to Senior Clerk. Can be effective day following Board action. The above action can be accomplished by amending Resolution 71/317' to_ reflect_.the.reclessi-- fication of Intermediate Typist Clerk position #05, Salary Level 240 (766-931) to._Senior Clerk, Salary Level 260 (865-1052) . Assistant Pe'_ 'sonnelA4 rector Recommendation of County Administrator Date: September 16_, 1977 - Recommendation 977 -Recommendation of Personnel Office and/or Civil Service Commission approved effective September 21, 1977. County A mini trator Action of the Board of Supervisors S E p 2 0 1977 Adjustment APPROVED on J. R. OZSSON, County Clerk ,') SEP 2 0 1977 By: . a e: i a nson Depufy Clerk APPROVAL. co' th.i,s adJustmcn-t- cons.tZtutez rut Appmopti.ation Adju--Sbneat and Petsc;!nct RcSo utZoii A!;3enchr 3Lt. NOTE: Top section and reverse side of form must be completed and supplemented, when appropriate. by an orga:tization chart depicting the section lor��tRoffice affected. P 300 (19347) (Rev. 11/70) 00030 POSITION ADJUSTMENT REQUEST No: Department Human Resources Agency Budget Unit 0180 Date 8-31-77 Action Requested: Reclassify one Welfare Clerical Services Advisor position #729-01 t' (Laurel Knapp) to Human Re3Uu_rces Staff Assistant Proposed effective dated 9-1-77 Explain why adjustment is needed: to place encumbent in appropriate classification Estimated cost of adjustment: Amount: -, 1 . Salaries and wages: $ - 2. Fixed Assets: Itizt .ctein6 and coat) ( J Estimated total �► , ,1�'%_ _ Signature Department Head Initial Determination of County Administrator Date: 9-2-77 To Civil Service: Request recommendation. --S 2S Count d /n�trator Personnel Office and/or Civil Service Cormission �✓,dte: September 13, 1977 Classification and Pay Recommendation Reclassify 1 Welfare Clerical Services Advisor to Human Resources Staff Assistant. Study discloses duties and responsibilities now being performed justify reclassification to Human Resources Staff Assistant. Can be effective day following Board action. The above action can be accomplished by amending Resolution 71/17 to reflect the reclassi= fication of Welfare Clerical Services Advisor position #01, Salary Level 389 (1207-1467) to Human Resources Staff Assistant, Salary Level 421 (1330-1617) . AssistantPersonn irecto'r Recommendation of County Administrator Date: September 16, 1977 - Recommendation 977 -Recommendation of Personnel Office and/or Civil Service Commission approved effective September 21, 1977. County Administra or Action of the Board of Supervisors Adjustment APPROVED on SEP 2 0 1977_ J. R. OLSSON,, County Clerk Date: SEP 20 1977 By: re L. Johnson Deputy clerk APPROVAL :,6 thiz ad j ustineizt co)izt-i tute a ail Appnop pia tton Adjustment aitd Pe t sojvteE Resotutton Amendine!tt. NOTE: Top section and reverse side of for-in macs% be completed and supplemented, when appropriate, by an organization chart depicting the section orff,,00tffice affected. P 300 (N347) (Rev. 11/70) �VUIq1 'v w' 1 ,j P O S I T I O N A D J U S TAME N T R E Q U E S T lio: Department PROBATION Budget Unit 3o8 Date 5(6/77 Action Requested: Reclassify one (1) Administrative Services Asst. II%=.r (T.Ward) Administrative Services Asst. Ili Proposed effective date: ASAP Explain why adjustment is needed: To properly classify employee Estimated cost of adjustment: �-ontro �e c:vnty Amount: 1 . Salaries and wages: ��_',%j�L� 2. Mad Assets: (tis t_itein6 and cost) Cou Estimated toTr''�'�n:strat $ R` Signature -- `_ Department Read Initial Dete=>s Mation of County Administrator ate: i ' '! •'�� To Civil Service: ff// lr Request recommendation. / r�; ' CoWtY'Admlniftraftbti Personnel Office and/or Civil Service Commission Datf September 13; 1977 Classification and Pay Recommendation Reclassify 1 Administrative Services Assistant II„ to Administrative Services Assistant III. Study discloses duties and responsibilities now being performed justify reclassification to Administrative Services :assistant III. Can be effective day following Board action. The above action can be accomplished by amending Resolution 71/17 to reflect the reclassi— fication of Administrative Services Assistant II position #01, Salary Level 424 (1342-1632) to Administrative Services Assistant III, Salary Level 488 (1632-1983) . Assistant ersonne 'rector Recommendation of County Administrator - Date: September. 16, .1977 . Recommendation of Personnel Office and/or Civil Service Commission approved effective September 21, 1977. County Adminis . a or Action of the Board of Supervisors SEP 20 1977 Adjustirent APPROVED ( on J. R. OLSSON, County Clerk S E P 20 1977 D3 to: By: ��it 2�7�-e�c.c� ._ A. a M ie Johnson Deputy clerk L.. APPROVAL i,jj' t1Li 5 ad"Lotineilt Cons. an Approp,-_ca.%i.on Adjustment and Pe,,5I' oju.e, 11 NOTE: Top section and reverse side of form must he completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (h1347) (Rev. 11/70) WHOM A I P O S I T I O N ADJUSTMENT R E Q U E S T No. t �co3 Department PUBLIC WORKS Budget Unit 650 Date 9/1/77 Action Requested: ADD Assistant Real Property Agent Position (02); CANCEL Associate Real Property Agent Position (01 ) Proposed effective da e: 9/21/77 Explain why adjustment is needed: To provide appropriate compensation for incuri6'en in this position. Estimated cost of adjustment: Amount: 1 . Salaries and wages: $ (339.00) per month 2. Fixed Assets.:: (.LS't .i terns mid cobt) •" � `'• Estimated total - Si gnature 11Nttment Head Initial Determfhation of County Administrato ` Date: September 6 , 197 To Civil Service: Request recommendation. C: ��s 2 Count Administrator Personnel Office and/or Civil Service Commission Date: September 13, 1977 Classification and Pay Recommendation Reclassify Associate Real Property Agent position 001 to Assistant Real Property Agent. Study discloses duties and responsibilities now being performed justify reclassification to Assistant Real Property Agent. Ca= be effective day following Board action. The above action can be accomplished by amending Resolution 71/17 to reflect the reclassi- fication of Associate Real Property Agent, position #01, Salary Level 476 (1573-1912) to 412 1294-1573) . Assistant Personn rector Recommendationof County Administrator - Date: _sA. Amh r. 16, i 977 Recommendation of Personnel Office and/or Civil Service Commission approved, effective September 21, 1977. County ministrator Action of the Board of Supervisors S E P 20 1977 Adjustment APPROVED ( ) on J. R. OLSSON, County Clerk S E P w 0 1977 By: /t.�J;•c �c �.:t -- Date: _ iamteL. Johnson Uepury er APPROV,kL o,; th s adju5ttne►:.t co►:5:i tut25 cut App-tepNiattcn Adju.Stin2nt- and Pe,%z, rnee Re.sotu'ion Amcadirzeut. NOTE: Top section and reverse side of form be completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) 00033 J POSITION ADJUSTMENT REQUEST No: Department Public Works Budget Unit 650 Date 7/26/77 Org, n 4542 (650_01) Action Requested: Reclassify Environmental Control Civil Engineer/to Associate Civil Engineer (650-11) Proposed effective date: 2-�,� Explain why adjustment is needed: To appropriately reflect current responsibilities Estimated cost of adjustment: r _ Amount: 1 . Salaries anis wages: $ -0- 2. Fixed assets': (. iAt .c term:b and coat) u Estimated'-total .r :.. . -0- ' Signature Department'H Initial Determination of County Admmi)nistis_or ate /? oughty Administrator Personnel Office and/or Civil Service Commission Date: September 13, 1977 Classification and Pay Recommendation Reallocate person and position Environmental Control Engineer to Associate Civil Engineer. Remove the class of Environmental Control Engineer. Study discloses duties and responsibilities now being performed justify reallocation to the class of Associate Civil Engineer. On September 13, 1977, the Civil Service Commission deleted the class of Environmental Control Engineer. The above action can be accomplished by amending Resolution 71/17 to reflect the realloca- tion of the person and position of Environmental Control Engineer position #11 to Associate Civil Engineer and amend Resolution 77/602 by removing the class of Environmental Control Engineer, all at Salary Level 493 (1657-2014) . Can be effective day following Board action. Assistant PersonnelAnrector Recommendation of County Administrator / Date: September 19, 1977 Recommendation of Personnel office and/or Civil Service Commission approved effective September 21, 1977_ J ` County—Adminiftrator Action of the Board of Supervisors Adjustment- APPROVED ) on SEP 20 1977 �} 1�} J. R. OLSSQN, County Clerk SEP o IJ7r Date: By: a� Johnson Q;!outy Car APPROVAL cti .this adJusbne.nt coitst ,tuta an AppnopP,,ca,•`,Lon Adfud•bnefzt and Peuonnet Re,sobiUon Ametidmetzt. NOTE: Top section and reverse side of form mua.t be completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) 00034 G POS I T I ON ADJ US Th1ENT RE0UES `F Pio: rl o Department Public librks Budget Unit 650 Date 8/2/77 Org #r 4501 Action Requested: Reclassify Position F.rhiinistrative Serviccz Assistant II 650-02 to position Administrative Services Asst III 650-01Proposed effective date: ASAP Explain why adjustment is needed: Th accurately reflect the current duties and r responsiSilides of the position (see attached) Estimated coatf adjustment: 4n;,; r,,,'c. Amount: 1 . t-Sala it es and wages: ASA III "�._`� . •�D t _1,889.Ab 2. (Ei xed--Assel:s: (t,&s-t -c teina cuzd coat) ASA II 335. l iii a Estimated toga 35./1,4o Signature D .,ent e Initial Determination of County Administrator Date: August 9, 1977 To Civil Service: I Request recommendation, pursuan attached. m o um dated t 9 X87 4 _,-Gabnty Administrator Personnel Office and/or Civil Service Commission Date: September 13, 1977 Classification and Pay Recommendation Reclassify Administrative Services Assistant II to Administrative Services Assistant III. Study discloses duties and responsibilities:now being performed justify reclassification to Administrative Services Assistant II_I_. Can be effective day following Board action. The above action can be accompli-shed by amending Resolution 71/17 to reflect the reclassi- fication of Administrative Services Assistant II, position #02, Salary Level 424 (1342-1632) to Administrative Services Assistant III, Salary Level 488 (1632-1983) . Assistant Personneirector Recommendation of County Administrator Date: September 16, 1977 Recommendation of Personnel Office and/or Civil Service Commission approved, effective September 21, 1977. County Administrat r Action of the Board of Supervisors SEP 0 11977 Adjustment APPROVED on J. R. OLSSON, County Clerk Date: SEP 6,940 1917 y' amie . Johnson eputy 7q-,k APPROVAL o{ lLi S a fjuS ul1C 1it co►:s�i tl�tes cui App.tcpzirt�on Adjustmcnt cuid Pe.�-_sonne2. 1�C:5C•�'CL�CCfi AI11C.IiCIi??�iLt. NOTE: Top section and reverse side of form n?uz t be completed and supplemented, when appropriate, by an organization chart depicting the section ort,office affected. P 300 (1,1347) (Rev. 11/70) 0003' POS I T I ON A D J U S T M E N T REQUEST No: `?y'1 Department Auditor-Data Proc. Budget Unit 0147 Date July 14 , 1977 Action Requested: Cancel one Assistant Data Processing Operations Supervisor position No. 001 & add one D .P . TechnicianProposed effective date: ASAP Explain why adjustment is needed: To establish another Data Processing Technician r 1 }-. ( �Ros io, necessary for an efficient Data Processing Operation. Estimated cof� of; adjustment: Amount: 1 . -Salaries pd wages: - - $ '4356) 2. �Fi xed-Assets: (tizt-•i te.mb and cost) $ ------- Estimated ytotal / 4356) Signature ' Dep r ent Head j Initial Determination of County Administrator Date. - To Civil Service: Request recommendation. rr-L _-GoMpty Administrator Personnel Office and/or Civil Service Commission Date: september 13, 1977 Classification and Pay Recommendation Classify 1 Data Processing Technician and cancel 1 Assistant Data Processing Operations Supervisor. Study discloses duties and responsibilities to be assigned justify classification as Data Processing Technician. Can be effective day following Board action. The above action can be accomplished by amending Resolution 71/17 to reflect the addition of 1 Data Processing Technician,Salary Level 347 (1062-1290) and the cancellation of 1 Assistant Data Processing Operations Supervisor, position #01, Salary Level 483 (1607-1953) . Assistant ersonnel erector Recommendation of County Administrator Date: September 16 , 1977 Recommendation of Personnel Office and/or Civil Service Commission approved, effective September 21, 1977 . County Administrator Action of the Board of Supervisors SEP '210 1977 Adjustment APPROVED ( ) on J. R. OLSSON, County Clerk Date: SEP 20 1977 BY: Jamie L. Johnson Daputy Clerk, AP?R WU tau .t h s add stmen t ccros_4_i t; tes cut .'%,U�,,Lop4,tuti on AdJu.5tmuu and Pv_sonnet RGsoxuticrt A�re;tdrre;�t. MOTE: Top section and reverse side of form trust be completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) QVU P O S I T I O N A D J U S T M E N T R E Q U E S T No: / Civil Service Department - 581 Department Public Service Employment Budget Unit 582 Date 5/14/77 Action Requested: Cancel (71 positions; add 8 positions (see attached sheet) Proposed effective date: Explain why adjustment is needed: CETA Public Service Emoloyment position adjustments necessary to implement FY 77/78 nrogram plan. Estimated cost of adjustment: 1`5-' 1 Amount: 1 . Salaries and wages: ` �� = $ 2. Fixed Assets: (LbS t..c temp cuid coat) i-:�-`7 c � . Cca'f3 Cos` Cot`nt-, Estimated to $ Signature epartment e'ad Initial Determination of County Administrator Date: County Administrator Personnel Office and/or Civil Service Commission Date: Saptembor 14, 1977 Classification and Pay Recommendation Classify (8) positions and cancel (7) positions per attached list. Duties and responsibilities to be assigned justify classification as listed on attached. Can be effective day following Board action. The above action can be accomplished by amending Resolution 71/17 to reflect the addition and cancellation of positions per attached list. Personne irector Recommendation of County Administrator Date: September 21. 1977 -.- Recommendation 977 -Recommendation of Personnel Office and/or Civil Service Commission approved effective September 21, 1977. Count dminis rator Action of the Board of Supervisors Adjustment APPROVED ( ) on SEP 20 1977 J. R. OLSSON, County Clerk Date: SEP 2 0 1977 By: . a.mie L. Johnson Deputy Clerk APPROVAL f2C -tlli,5 adjus-t?rent eone.tc.tuteb cut Apt?-7epitiatc.on AdjmstTent and Pe,tzonnzet Re.Sof- .,tc►1 At?ti�Fld1?ice{l t. NOTE: Top section and reverse side of farm rust be completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) 01303"1 P O S I T I O N ADJ U S Ti•iE N T R E Q U E S T No: rSy Department Civil Service Budget Unit 035 Date 6/6/77 Action Requested: Establish the class of Insurance Analyst I - -thehass'��af Xusurance Analyst II Proposed effective date: ASAP Explain «hy a2:,Jjustfient is needed: To augment staff to comply with orovisigns of Unemployment Compensation,-,Program (P.L. 94-566) effective 12/31/77. Estimated cost- of adjustment: Amount: 1 . 'Sal ari-es and wages: Conorcr CGSiQ Col 2. Fixed Assets: (tizti -cterna cuid coat) „ ,- _ Lt v't_D ,q77$ Estimated to O'rfice 'f $ Signature y �'n� �L,1�-��' 'r epartment Initial Determination of County Administrator Date: Alig1,G r 1 , 977 To Civil Service: Request recommendation_ `--Co.ntv Administrator Personnel Office and/or Civil Service Commission Date: September 13, 1977 Classification and Pay Recommendation Allocate the classes of Insurance Analyst I and Insurance Analyst II. On September 13, 1977, the Civil Service Commission created the class of Insurance AnalystI,. and recommended .1977-78 Salary Level 408 (1279-1554) and 1978-79 Salary Level 424 (1342-1632) and Insurance analyst II and reco=_ended Salary Level 1977-78 Salary Level 468 (1535-1866) and 1978-79 Salary Level 484 (1612-1959) . The above action can be accomplished by amending Resolution 77/602 by adding Insurance Analyst I, 1977-78 Salary Level 408 (1279-1554) and 1978-79 Salary Level 242 (1342-1632) and Insurance Analyst II, 1977-78 Salary Level 468 (1535-1866) and 1978-79 Salary Level 484 (1612-1959) . The above classes are exempt from overtime. AssistantPersonnel Otrector Recommendation of County Administrator Date: September 16, 1977 Recommendation of Personnel Office and/or Civil Service Commission approved, effective September 21, 1977. County-Admini �r-a 091 t*' Action of the board of Supervisors SEP 2 0 1977 Adjustment APPROVED on J. R. OLSSON, County Clerk D e; SEP 2 0 1977 By: -/i-2n.�C > �� Jamie L. Johnson Deputy Clerk APPROVAL ot!w6 adju.stlre►tt eoj:,s.titu,tea cut Apptop.„cati.on AdJezf-qent curd Pz.�uso►=_ret Rez o.utti.on Amendment. NOTE: Top section and reverse side of form trW t be ccrplet'ed and supplemented, when appropriate, by an organization chart depicting the section or office pp affected. 00fin'J P 300 (M347) (Rev. 11/70) 1 MY r POS I T I ON ADJUSTMENT REQUEST No: Cf`t r_1ST Department DISTRICT ATTORNEY Budget Unit 242 Date Aug. 24, 1977 (2ti3o Action Requested: Add one Legal Services Clerk position as soon as possible and cancel ITC position 4115 effective Oct. 17, 1977 > Proposed effective dat : 9-21-77 Explain why adjustment is needed: To adjust the upcoming vacant position to a level com- mensurate to the responsibilities entailed. Estimated cost of adjustment: Amount: Increase perm. salaries by.......... 747.00 1 . Salaries and wages: (for bal. of fiscal year) $ 2. Etxedd-CoAss ''' ' t4s eand coat) .. niro�os� c.o r,1� ma UG 6 1917 Estimated total $ 747.00 ' Office of f / '-�- - Signature County Administrator Department Head Mic ae1 - . Phelan Initial Determination of County Administrator Date: To Civil Service: Request recommendatio C u ministr Personnel Office and/or Civil Service Commission Date September 13, 1977 Classification and Pay Recommendation Classify 1 Legal Services Clerk and cancel 1 Intermediate Typist Clerk. Study discloses duties and responsibilities to be assigned justify classification as Legal Cleric. Can be effective September 21, 1977. The above action can be accomplished by amending Resolution 71/17 to reflect the addition of 1 Legal Services Clerk, Salary Level 279 (863-1049), effective September 21, 1977, and the cancellation of 1 Intermediate Typist Clerk, position 115, Salary Level 240 (766-931) effectiv October 17, 1977. Assistant Personn irector Recommendation of County Administrator Date: Sp tt- h 16 . i-977 Recommendation of Personnel Office and/or Civil Service Commission approved, effective September 21, 1977. County—AaminiPsTrator Action of the Board of Supervisors SEP 2 0 1977 Adjustment APPROVED on I R. OLSSON. County Cler Date: SEP 9- 0 1977 By: -1//a <, �a! art-?� 3 lie L. Johnson Deputy Clerk APPROVAL o6 thi.a adjuatmv t conatitutea an Appicoprt,ia or. Adju.6.br:entt cued PercaonneZ Reaotuti.on Amendment. NOTE: Top section and reverse side of form mc✓t be completed and supplemented, when approprla e, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) 00039 P T U N fH li ..) U $ I' i•1 r_ i'i T R E C U 1 ii0: ! �e _r .::�;it CCCo. Medical Services Sudget Unit 540 Date 1/3/77 Establish Health Care Counsellor Classification Pro osed effective d<e:- =1/l/77 R Explain •.r ,y ad j=.;S-.T,^r, , is To adecruately staff Prepaid Health Plan Services FsLiria ted cos: oi adjus Amount: i . S3 !ari es and wag--s: _ 2. Fixed ri��. (•t _5= .:�=�;5 C�:r; COSI Estimated total $ Signature ' George De an M.D... , Medical Director Department Head 4 1 .J Initial 1)eterai nai on or County Administrator Date: Janu.3ry 1 1977 To Civ31 service: Request recommendation. lop 4 Count Adm' s rator`• j Personnel Office and/or Civil Service Commission Date: Sevtember 13, 1977 Classification and Pay Recommendation Allocate the class of Health Care Counsellor I and Health Care Counsellor II. On September 13, 1977, the Civil Service Commission created the class of Health Care Counsellor I and recommended 1977-78 Salary Level 290 (892-1084) and 1978-79 Salary Level 306 (937-1139) and the class of Health Care Counsellor II and recommended 1977-78 Salary Leval 322 (984-1196) and 1978-78 S,-la=: Level 338 (1033-1255) . The above action can be accomplished by amending Resolution 77/602 by adding Health Care Counsellor I, 1977-78 Salary Level 290 (892-1084) and 1978-79 Salary Level 306 (937-1139); and Health Care Counsellor II, 1977-78 Salary Level 323 (987-1199) and 1975-79 Salary Level i 338 (1033-1255) . Can be effective day following Board action. The above classes are not exempt from overtime. _ Assistant personnelpi-rector Reco,�mendation of County Administrator 1724:1== c�mhPr 1 � 1977 Recommendation of Personnel office and/or Civil Service Commission approved effective September 21, 1977. 3 T i County Administrator ;trio ' 0f the Do`rd of Supervisors �D (��r? on SEP 20 1977 i SEP 2 0 1977 :I R. OLSSO, Couaty Cl -- tz Lo JohnSon Deputy Clark i . y"�= -._ J L:Li '• ICS f hd L:,SJ;^::Lf a; Z . __ = t i 0n an r _' 0 i Grr r': _.'?1 end and suppl eu,entcd when by - --Sa•^.iZaticn chart d_, ic�l�,g the section or office affected. P -epi (Rev. 00040 V r POS I T I ON A D J U S T M E N T REQUEST No: 079— Department Public Works Budget Unit 4060 Date 7/12/77 Action Requested: Cancel (1) Custodian II position (079-4032-71) and add (1) Real Pro Technician Proposed effective da 7/15/77 Explain why adjustment is needed: To appropriately staff the increased activities in th. Lease Management Program Estimated - Estimated cost of adjustment: Amount: 1 . So ari e5 and- wages: $ 827.00 2. FtxLM meets-: f�t .i teens and coat) , w r -� -, Desk and chair curn,�., 300.00 x Estimated tot 1,127 a . N Signature It Initial Determi natf on of County Administrator Date: July 15 , 1977 T Civil Service: !� Request recommendation. 4 r ( County Administrator Personnel Office and/or Civil Service Commission Date: September 13, 1977 Classification and Pay Recommendation Classify (1) Real Property Technician and cancel (1) Custodian II position. Study discloses duties and responsibilities to be assigned justify classification as Real Property Technician. Can be effective day following Board action. The above action can be accomplished by amending Resolution 71/17 to reflect the addition of 1 Real Property Technician, Salary Level 281 (863-1055) and the cancellation of 1 Custodian II, position #71, Salary Level 249t (868-957) . Assistant Personn irector Recommendation of County Administrator Date: September 16, :1977 Recommendation of Personnel Office and/or Civil Service Commission approved, effective September 21, 1977. County Administrator Action of the Board of Supervisors Adjustment APPROVED on SEP 2 0 1977 J. R. OLSSON, County Clerk Date: SEP YO 1977 By: c. Z,:c,tu_ L. - — amie L. Johnson 'JtsPuFy APPROVAL o' thiz ad j us tbzzen-t cci:s t-,cute s ca: App z-op Liatii.on Adjust"Neat and PeISCIMe e Rea o.Cut.i on Ameudtne}tt. NOTE: Top section and reverse side of form „f be co,mPleted and supplemented, when � appropriate, by an organization chart depicting the section or office affected. P 300 (11,347) (Rev. 11/70) 00041 V 01 ? 1 POS I T I ON ADJUSTMENT REQUEST .lo: i •: Department PUB= WOMS Budget Unit 472 Date 8/18/77 Action Requested: Cancel one Engineering Tech IV--Office (4529-08) and create one Associate Diviromm ntal Engineer Proposed effective date: ASAP Explain �<hy ad`ust�ent is needed: To Provide adequate staffing for the Environmental Control'Divi-siorL5(see m mro 4/4/77 of J. Michael Walford) Estimated. cost;of adjustment: Amount: 1 . Salaries and wages: $ 405 (FY76-77)A.-b 2. 5jxed Assets: (X,&s t items cuid cost) one double estal de-k $ 375 Estimated total $ 5,235/Yr SignatureL _ Dep r ,ment Head Initial Determination of County Administrator Date: 8-94-77 To Civil Service: Request recommendation. Countv Administrator Personnel Office and/or Civil Service Commission Date: SeRtember 13, 1977 Classification and Pay Recommendation Allocate the class of Associate Environmental Engineer and classify 1 position. Cancel 1 Engineering Techician IV-Office position. On September 13, 1977, the Civil Service Commission created the class of Associate lErvironmental Engineer and recommended 1977-78 Salary Level 493 (1657-2014) and 1978-79 Salary Level 509 (1740-2115) . Amend Resolution 77/602 by adding Associate Environmental Engineer, and amend Resolution 71/17 to reflect the addition of 1 Associate Environmental Engineer, 1977-78 Salary Level 493 (1657-2014) and 1978-79 Salary Level 509 (1746-2115) and the cancellation of 1 Engineering Technician IV-Office, position #08, Salary Level 420 (1326-1612) Can be effective day following Board action. The above class is exempt from overtime. Assistant PersonneILUirector Recommendation of County Administrator Date: September 16 , 1977 Recommendation of Personnel Office and/or Civil Service Commission approved, effective September 21, 1977. County Administra or Action of the Board of Supervisors SEP 2 0 1977 Adjustment APPROVED on J. R. -OLSSON, County Clerk S FP 0 1977 ' Date: By: Mie L. Johr1SOr1 Deputy Clerk APPROVAL 06 t,Li,s adjusunvit ccjLstitute-s cut Appiop,.&ittosz Adjvsbnejct and Pe.,sdnnet Resot'.utiojt Amenchrent. NOTE: Top section and reverse side of form mu.6x be completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) 00042 P O-S-'I T I 0 N ADJUSTMENT R E Q U E S T No: l Department ` s Ori�nda Fire District Budget Unit 7080 Date 8724777 Action Requested: One backup position for the Classification of Firefighter _ Proposed effective da9 t,—rrj Explain why adjustment is needed: We have filed for service connected disability for 11 Calvin V. Porter, 111542. We have need for a Firefighter immediately. Mr. Porter's disability retirement may not be effective until October. Contra Costo Estimated cost of adjustment: RKENFD Amount: 1 . Salaries and wages:. AUG 2 9 1977 $ 2. Fixed Assets: (Zizt .cterne a;td co.bt) risce o County mins s? or $ -e Estimated to ta $ L7 t,� J Signature — l Department ad Initial -1betermination of County Administrator Date: 9-1-77 To Civil Service: Request recommendation pursuant tg� September 1 memorandum attached. C \ Count Administrator Personnel Office and/or Civil Service Commission Date: September 13, 1977 I Classification and Pay Recommendation Classify (1) Firefighter. This position is being established to acco=odate replacement for Firefighter on Leave of Absence. Can be effective day following Board action. 1 The above action can be accomplished by amending Resolution 71/17 by adding 1 Firefighter Salary Level 387 (1199-1458) . This position is to be cancelled upon return or separation of employee in position #13. 1 s Assistant PersonnellSirector Recommendation of County Administrator Date: September 16, 1977 i i , t Recommendation of Personnel Office and/or Civil Service Commission approved, effective September 21, 1977. j County Administrator I i ' :t-ion of the Board of Supervisors Adjust:�,ent APPROVED { ) on SE!' 2 0 1977 I R. OLSSON, County Clerk SEF 20 1977 Dal-: By: �.,: afnie L. ohnson Deputy Clerk APPRi.)UA+ o' this adjurtme►it cot5titwtee vino ApptopAi.atZon Adju ;bne;t w:d Peteonne.E ReZ olu ti.o;: Amendment. NOITE: Top. section and reverse side of fora mutt be completed and supplemented, when appropriate. by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) (9)04-3 Contm Costa Coun —D _ s POSITION ADJUSTf AW-0 QUEST Oftice of Department Orinda Fire Protection Disth° 91? dMVin79?ftbate 8/22../77:' Action Requested: Downgrade Fire Captain classification to Firefighter classification Proposed effective date: /1/77 Explain why adjustment is needed: Retirement of Fire Captain. No eligibles on Fire Captain list. Need to hire a Firefighter Estimated cost of adjustment: Amount: 1 . Salaries an$;wages: NA 2. Ftl�d Abets: {.�is;- . tew and coat) ._ Estimated totall 3 Signature v ` i Department Head Jinitial Determination of County Administrator Date: 8-31-77 ITo Civil Service: Request recommendatio C6u—nty Administrator Personnel Office and/or Civil Service Commission Date: September 13, 1477 Classification and Pay Recommendation 1 ` I Classify 1 Firefighter and cancel 1 Fire Captain. r Study discloses duties and responsibilities to be assigned justify classification as Firefighter. Can be effective day following Board action. The above action can be accomplished by ascending Resolution 71/17 to reflect the addition of 1 Firefighter, Salary Level 387 (1149-1458) and the cancellation of Fire Captain, position ? #04, Salary Level 459 (1494-1816) . . i �7w►- Assistant Personne i ector 4r�:comre ndation of County Administrator Date: September 16, 1977 i # Recommendation of Personnel Office and/or Civil Service i Commission approved, effective September 21, 1977. i 412� i Ji 1 f County, Administrator : fiction of the Board of Supervisors Ae j;:stment APPROVED on S EP 2 0 1977 � . R. C}LSSC?N. 'County Clerk r Dte: SEP ? 01977 By: — Jamle L. u�zAty Cte k Johnson .gyp .;)VAL Q -ti,.i.5 adju.6t-mel,.t cojiztitutes an App Aoptiaticn Adjus unv:t and P2,tonr-a Ref t+&t,i.ofs Amendment, i 1"OTE: Top section and reverse side of form muz t be completed and supplemented, when a opr�e-, Ey an organization chart depicting the.section or office affectad. 1 300 (M347) (Rev. 11/70) 00044 � v r i POS I T I ON A D J USTrlENT REQUEST No: 7%-, Department Library Budget Unit 3736 Date 8/3/77 Action Requested: Replace one 40 hour Library Clerk 261-046 with two 20 hour Library Clerk positions Proposed effective date'' 9/15/7)7 Explain why adjustment is needed: Creation of two 20 hour positions will prov' more flexibility in covering public service needs. r j-_ Estimatea-cost--bf %djustment: Amount: I . Sa1`aries, and wages: $ 0 2. F,i zed Asset': (Ziat to n6 and co.6-t) t Estimated total- $ Signature ` -Departmtof.H.ead Initial Determination of County Administrator Date: August 9, 1977 To Civil Service: Request recommendation. '__�County Administrator Personnel Office and/or Civil Service Commission Date: Sgpr mh�11 1977 Classification and Pay Recommendation Decrease hours of Library Clerk position #46; add (1) 20/40 Library Clerk. Study discloses duties and responsibilities remain appropriate to the class of Library Clerk. The above action can be accomplished by amending Resolution 71/17 by decreasing the hours of Library Clerk position #46 from 40/40 to 20/40 and adding (1) 20/40 Library Clerk, both at Salary Level 190 (658-799) . Can be effective day following Board action. Assistant PersonneIM rector Recommendation of County Administrator Date: September 16, 1977 Recommendation of Personnel Office and/or Civil Service Commission approved, effective September 21, 1977. 01 County Admints rator Action of the Board of Supervisors Adjustment APPROVED ( ) on SEP 20 1977 J. R. 0LSSON, County Clerk SEP 2 0 1977 amle L. Johnson Deputy Clerk APPROVAL o' .tlLEs adjus;►neat ccas.L i,tutes an App.7op,- ia,tion Adju -bnent and Petsonnee Re3oPccticr: A►ne�Zdrne►zt. NOTE: Top section and reverse side of form m+cs-t be completed and supplemented, when appropriate, by an organization chart depicting the sections or office affected. P 309 (11347) (Rev. 11/70) 000 V� POS I T I ON A D J U S T M E N T R E Q U E S T No: � 1-4 Department Library Budget Unit M6 Date - U-4/77 Action Requested: Replace one 40 hour Library Assistant I (262-056) with two 20 hour Library Assistant I positions Proposed effective da 9 15 77 Explain why adjustment is needed: Creation of two 20 hour positions will provide more flexibility in covering public service needs. Estimated cost of adjustment: Amount: 1 . Salaries and wages: as - 0 - 2. Fixed.-Assets: (ZL6t_ -i terns and cost) $ --- Estimated total $ Signature Dep4rttent Head VI ti . Dee c, ation of County Administrator Date: August 9 , 1977 o11v1 ervlce Request recommendation. ount Administrator ' Personnel Office and/or Civil Service Commission Date: September 13- 1977 Classification and Pay Recommendation Decrease hours of Library Assistant I; add (1) 20/40 Library Assistant I. Study discloses duties and responsibilities remain appropriate to the class of Library Assistant I. The above action can be accomplished by amending Resolution 71/17 by decreasing the hours of 40/40-Library Assistant I position 956 to 20/40 and adding (1) 20/40 Library Assistant I, both at Salary Level 242 (771-937) . Can be effective day following Board action. Assistant Personn irector Recommendation of County Administrator Date: September 16 , 1977 Recommendation of Personnel Office and/or Civil Service Commission approved effective September 21, 1977. .(� Count min o Action of the Board of Supervisors _ SEP 2 Q 1977 Adjustment APPROVED ( ) on J. R. OLSSON, County Clerk SEP U 1977 • amie L. Johnson Deputy Perk APPROVAL L16 .thu� adj ud ne►Lt co►u- c to to b cut Ap .-opr,,iztEcn AdJ u sa bre;z t mtd PeAz onne£ Peso-u.t,Eoat A►nend►nent. NOTE: Top section and reverse side of form must be completed and supplemented, when appropriate, by an organization chart depicting the section /oir office affected. P 300 (M347) (Rev. 11/70) 0U+m40 POSITION ADJUSTMENT REQUEST No: Department Library Budget Unit _3M Date 8/3/77 Action Requested: Replace one 40 hour Library Assistant 1 (263 0191 -,,ith i-tra 20 hour Library Assistant I positions Proposed effective date:9/15/77 1 Explain why adjustment is needed: Creation of two 20 hour positions will prnyi_dn more flexibility in covering public service needs. Estimated..-costr.gf adjustment: Amount: I . Sd�raries-anTwages: _ - 0 - 2. Fixed Assetsz f tizt_itema and co.6t) Estimated total $ Signature DeAapftent Head Initial Determination of County Administrator Date: August 9, 1977 To Civil Service: Request recommendation. C--------;E-0UntV Administrator Personnel :office and/or Civil Service Commission Date: _ _September 13, 1977 Classification and Pay Recommendation Decrease hours of Library Assistant I position Y19; add 1 20/40 Library Assistant I. Study discloses duties and responsibilities remain appropriate to the class of Library Assistant I.. The above action can be accomD!ished by amending Resolution 71/17 by decreasing the hours of 40/40 Library Assistant I, position #19 to 20/40, and adding (1) 20/40 Library Assistant I both at Salary Level 242 (771-937) . Can be effective day following Board action. Assistant PersonnOTirector Recommendation of County Administrator Date: Sept- 'mhpr 1g , 1377 Recommendation of Personnel Office and/or Civil Service Commission approved effective September 21, 1977. County Administrator Action of the Board of Supervisors SEP 2 0 Adjustment APPRG'VED (��,1 on 977 J. R. OLSSON, yCounty Clerk Date: SEP 2 0 1977 By: �� c; f-�U """' 'JonnSo�ty Clerk APPROVAL c,6 •t1Liz adjus.tmc:.iit cojLs.titcctes cut App:tgpt; ation Adjcotxic;it-,Ltd PeruscnneC P.cLotutLon Ainendrmeut. MOTE: Top section a„d reverse side of form -rust be completed and supplemented, when appropriate, by an organization chart depicting the section or office affected. P 300 (M347) (Rev. 11/70) 00047 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Annexation ) RESOLUTION NO. 77/758 77-9 to County Service Area L-42 ) (San Ramon Area) ) (Gov.C. §§56261, 56320, 56322, 56323, 56450) RESOLUTION OF PROCEEDINGS FOR ANNEXATION AND ORDERING ANNEXATION TO COUNTY SERVICE AREA WITHOUT HEARING OR ELECTION The Contra Costa County Board of Supervisors RESOLVES THAT: This annexation had been proposed by the Landowners of the subject area and application therefore filed with the Executive Officer of the Local Agency Formation Commission on July 19, 1977. The reason for the proposed annexation is to provide the area to be annexed with street lighting services. On September 7, 1977, the Local Agency Formation Commission approved the proposal for the aforesaid annexation, subject to the condition that the exterior boundaries of the territory proposed to be annexed be as described in Exhibit "A" , attached hereto and by this reference incorporated herein. Said commission also declared the territory proposed to be annexed as legally uninhabited, assigned the proposal the designation of "Annexation 77-9 to County Service Area L-42", and authorized the Annexation without notice and hearing by this Board. The affected property will not be taxed for any existing . bonded indebtedness or contractual obligations. This Board hereby finds that this proposed annexation is in the best interest of the people of County Service Area L-42 and of the territory to be annexed. This Board hereby finds that the territory to be annexed is uninhabited, that no landowner therein filed a written protest, and that all landowners in the affected area have consented in writing to the proposed annexation. This Board hereby ORDERS- this annexation without hearing, without election, and without being subject to confirmation by the voters. The Clerk shall transmit a certified copy of this Resolution along with the appropriate fees to the Executive Officer of the Local Agency Formation Commission, in accordance with Government Code §56450. PASSED and ADOPTED on September 20, 1977. DCG:g RESOLUTION NO. 77/758 00048 o cc: LAFC - Executive Officer Secretary of State State Board of Equalization County Assessor County Recorder County Auditor-Controller Public Works Director P.G.& E. Applicant - Mrs. Leonard E. Egbert, P.O. Box 595, Danville,. California 94526 Johnnie Beer, Asst Vice President, Western Title Insurance Company, P.O. Box .5286, Walnut Creek, California 94596 RESOLUTIO14 NO. 77/758 000M9 LOCAL AGaICY FORilATIO?i CXMSSICIN 158-78 Contra Costa County, California Description Date3 9/7/77 By;31:�I EGUBIT "A" Annexation 7?_9 to County Service Area L-42 (Two Parcels) Parcel One Being a portion of Rancho El Rio, described as follows,- Be.-inning ollows;Beginning at an angle point on the western boundary of County Service Area L-42, said point being the most western corner of Parcel "A", as shown on that certain map filed August 12, 1977, in Book 57, of Parcel Maps, at page 8; thence, leaving said boundary of County Service Area L-42, North 400 21' East, 113.43 feet; thence North •350 50' East, 177.5 feet; thence South 490 39' East, 270.76 feet to the western line of El Pintado, said point being on the western boundary of County Service Area L-42; thence Southerly and in a general Northwesterly direction, along said western boundary of County Service Area L-42, 585 feet, more or less, to the point of beginning. Containing 1.09 acres, more or less. Parcel Two Being a portion of Rancho San Ramon, described as follows-, Beginning at an angle point on the eastern boundary of County Service Area L-42, said point being the southern most corner of Lot 4, Tract 4434, filed June 1, 1976, in Map Book 185, at page 8; thence leaving said boundary of County Service Area L.42, South 400 43' 16" West, 172.88 feet; thence North 490 17' 36" West, 339.84 feet to a point on the eastern line of Tract 2805, filed May 13, 1960, in Map Book ?7, at page 35; thence North 200 53' 25" East, along said eastern line of Tract 2805 (77 M.B. 35), 183.76 feet to the northwestern corner of Lot 1, of said Tract 4434(185 M.B. 8), said point also being on the eastern boundary of County Service Area L-42; thence South 490 17' 36" East, along said eastern boundary of County Service Area L-42, 402.18 feet to the point of beginning. Containing 1.50 acres, more or less. 00050 p e f� 10LD) Q I BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Subdivision ) RESOLUTION NO. 77/759 4617 Annexation to County ) Service Area L-43 ) (Gov.C. 5§56261, 56320, (Oakley Area) ) 56322, 56323, 56450) RESOLUTION OF PROCEEDINGS FOR ANNEXATION AND ORDERING ANNEXATION TO COUNTY SERVICE AREA WITHOUT HEARING OR ELECTION The Contra Costa County Board of Supervisors RESOLVES THAT: This annexation has been proposed by the landowners of the subject area and application therefore filed with the Executive Officer of the Local Agency Formation Commission on August 24, 1977. The reason for the proposed annexation is to provide the area to be annexed with street lighting services. On September 7, 1977, the Local Agency Formation Commission approved the proposal for the aforesaid annexation, subject to the condition that the exterior boundaries of the territory proposed to be annexed be as described in Exhibit "A",. attached hereto and by this reference incorporated herein.- Said commission also declared the territory proposed to be annexed as legally uninhabited, assigned the proposal the designation of "Subdivision . 4617 Annexation to County Service Area L-43", and authorized the Annexation without notice and hearing by this Board. The affected property will not be taxed for any existing bonded indebtedness or contractual obligations. This Board hereby finds that this proposed annexation is in the best interests of the people of County Service Area L-43 and of the territory to be annexed. This Board hereby finds that the territory to be annexed is uninhabited, that no landowner therein filed a written protest, and that all landowners in the affected area have consented in writing to the proposed annexation. This Board hereby ORDERS this annexation without hearing, without election, and without being subject to confirmation by the voters. The Clerk shall transmit a certified copy of this Resolution along with the appropriate fees to the Executive Officer of the Local Agency Formation Commission, in accordance with Government Code §56450. PASSED and ADOPTED on September 20 , 1977. DCG:g RESOLUTION NO. 77/759 0NO LOCAL AGENCY FOR.NIATION CO22,!ISSION 159-78 Contra Costa County, California Description Date; 9/7/77 By: EXHIBIT '#A#$ Subdivision 4617 Annexation to County Service Area L-43 Being a portion of Section 26, Township 2 North, Range 2 East, Mount Diablo Base and Meridian, described as follows: Beginning at the northwest corner of the South one-half of the Southwest one-quarter of the Northwest one-quarter of said Section 26, said point being on the centerline of Enpire Road; thence along said centerline North 000 55' 29" Fast, 984.03 feet; thence, leaving said centerline North 860 14' 261t East, 572.71 feet; thence North 600 26' 56" East, 136.34 feet; thence South 890 03' 58" East, 154.96 - feet; 54.96feet; thence South 000 56' 0211 West, 100.00 feet; thence South 890 03' 58" West, 36.91 feet; thence South 000 56' 0211 West, 997.94 feet; to a point on the northern line of the South one-half of the South- west one-quarter of the Northwest one-quarter of said Section 26, thence, along said northern line North 890 12' 59" West, 806.18 feet to the point of beginning. Containing 19.12 acres, more or less. 00052 UNIT � - cc: LAFC Executive Officer Secretary of State State Board of Equalization County Assessor County Recorder County Auditor-Controller Public Works Director P.G.& E. Applicant - A. T. Shaw, Vice President, Hofmann Co. , c/o Raymand Vail and Associates, 101 Railroad Avenue, Antioch, California 94509 RESOLUTION NO. 77/759 0003 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re : Annexation No. 77-7 to ) County Service Area No. L-42, ) RESOLUTION NO. 77/760 Danville Area (as amended) ) (GOV.C. §§56310 , 56311, 56312, 56313) RESOLUTION INITIATING PROCEEDINGS FOR CHANGE IN ORGANIZATION The Board of Supervisors of Contra Costa County RESOLVES THAT: Application Por the above-captioned change in organization was filed by the Board of Supervisors with the Local Agency Formation Commission's Executive Officer on May 18, June 8, and May 19, 1977, the reason therefor being to provide the area with street lighting services. On July 6, 1977, the Local Agency Formation Commission approved the Application without condition, declared the territory proposed to be annexed as legally uninhabited and designated the proposal as "Annexation No. 77-7 to County Service Area L-4211, with the boundaries of the territory proposed to be annexed as described in that Commission's Resolution of Approval. On August 23, 1977, pursuant to Government Code, Section 56275, the Board of Supervisors filed written application with the Commission Executive Officer for ar.:endment to .the July 6, 1977 Commission resolution, such amendment designed to eliminate one parcel from the proposed annexation. The Executive Officer presented said application for resolution. amendment to the Commission at its next meeting on September 7 , 1977. On September 7, 1977 the Commission considered the application for amendment to said resolution, the report of the Executive Officer on the matter, and approved the amendment with boundaries as shown in Exhibit "A" hereto. At 10: 45 a.m. on Tuesday, November 1, 1977, in the Board's Chambers , County Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed annexation, when all interested persons or taxpayers for or against the proposed annexation will be heard. Anyone desiring to make written protest thereto must file it with the Clerk before the hearing. A written protest by an owner of land must contain a description sufficient to identify his land, and a written protest by a voter must contain his residential address. At the end of the hearing, the Board shall either disapprove the proposed annexation or order the annexation in accordance with Government Code §§56320 through 50322. The Clerk of this Board shall hav_ this resolution published once a creek for two successive creeks in the "The Valley Pioneer" (a newspaper of general circulation published in this County and circulated in the territory proposed to be annexed) , beginning not later than fifteen (15) days before the hearing date. The Clerk shall also post this resolution on the Beard's bulletin board at least fifteen (15) days before the hearing, date and continuing to tj MfP 01 Vila nt'� "_.,' �?+ la f l�:'iC shall :��7 �i l r`- - `�-. t^� reauest for soecial notice 'rIlth th e .le 1. PASSED on September 20, 1977, unanimously by the Superv.sors present. Dl,G: c R SOLUTIC)M NO. 77/760 00051 o LOCAL AGr21CY FQP,M.4 CO3nissim rl -78 Contra os t �CaU�foxTia Req ed Descr Dater 9/7/77 BY: EMIBIT "A" Annexation 77-7 to County Service Area L-42 (Two Parcels) Parcel One. Being a portion of Rancho San Ramon, described as follows; Beginning at an angle point on the western boundary of County Service Area L-42, said point being the southwestern corner of Lot 40, Tract 3872 filed August 28, 1969, in Map Book 127, at page 46; thence leaving said boundary of County Service Area L-42, North 890 26' 25" West, 609.18 feet; thence North 840 39' 45" West, 31.02 feet; thence North 25° 35' 15" East, 81.84 feet; thence North 510 50' 16" East, 124.08 feet; thence North 510 35' 15" East, 126.72 feet; thence North 540 35' 15" East, 163.02 feet; thence North 450 05' 15" East, 158.40 feet; thence North 120 54' 45" West, 68.52 feet to a point on the easte:-- Lne of Lot 39, Tract 4502 filed July 309,- 1976, in Map Boon 188, at page 5, said point also being on the southern boundary of County Service Area L-42; thence in a Northerly, Easterly and Northerly direction, along the southern and eastern boundaries of County Service Area L-42, 3620 feet, more or less, to the intersection of the western line of Interstate 680 Freeway with the center of Boone Court; thence, leaving said boundary of County Service Area L-42, Northerly, along the western line of Interstate 680 Freeway, as follows; North 30 26. 17" East, 135 feet, more or less, to an angle point therein; North 5' 59' 07" Last, 345.62 feet; North 20 02' 51" East, 94.63 feet and North 590 09' 10" East, 52.58 feet to a point on the southwestern right-of-way line of the Southern Pacific Railroad; thence Northwester- ly, along said right-of-way line, 43.21 feet to the southeastern corner of Lot 69, Danville Gardens filed October 23, 1946, in Map Book 31, at page 26, said point also being on the eastern boundary of County O0055 ®L J f 2 Service Area 1-42; thence Northwesterly and Northerly, along the eastern boundary of County Service Area L-42, 850 feet, more or less, -to the southwestern corner of Lot 59, of said Danville Gardens (31 M.B. 26), said point also being on the northeastern right-of-way line of the Southern Pacific Railroad; thence, leaving said boundary of County Service Area L-42, Southeasterly, along said right-of-way line, 905 feet, more or less, to its intersection with the western extension of the Northern line of Tract 4771, filed March 13, 1976, in Map Book 184, at page 21, said point also being on the western boundary of County Service Area 1-42; thence Southeasterly, Westerly, Southerly and Westerly, along the western boundary of County Service Area L-42, 4790 feet, more or less, to a point on the western line of San Ramon Valley Boulevard; thence Northerly and Northwesterly, along the western line of San Ramon Valley Boulevard, 1180 feet, more or less, to the northeastern corner of the parcel of land described in the deed. to Sam;a Evans, et ux, recorded June 22, 1962, in Book 4145, of Official Records, page 289, said point also being on the eastern boundary of County Service Area L-42; thence Northwesterly, Southerly, Westerly and Southerly, along the eastern, northern and western boundaries of County Service Area L-42, 2705 feet, more or less, to -the point of beginning. Containing 97.06 acres, more or less. Parcel Two. Being a portion of Rancho San Ramon and a portion of Sections 33 and 34, Township 1 South, Range 1 West, Mount Diablo Base and Meridian, described as follows: Beginning at a point on the eastern boundary of County Service Area L-42, said point bears North 10 01' 24" West, 45.00 feet from the southeastern corner of Lot 50, Tract 3868, filed June 27, 1973, in Map Book 1.58, at page 19; thence, leaving said boundary of County Service Area L-42, North 880 581 36" East, 95.00 feet; thence North X105 S I — 3 - 74° 13' 59" East, 148.23 feet; thence South 48" 32' 09" Fast, 63.26 feet; thence North 880 58' 36" East, 395.00 feet; thence North 620 - 36. 15" East, 102.48 feet; thence North 870-41' 40" East, 107.94 feet; thence North 690 10' 30" East, 374.38 feet; thence North 700 16' 16" East, 100.18 feet; thence North 670 97' 12" Fast, 440.00 feet; thence North 640 46' 14" East, 92.12 feet; thence North 410 09' 42" East, 87.67 feet; thence South 780 53' 53" East, 202.35 feet; thence South 000 33' 34" West, 745.95 feet to a point on the northern line of Tract 4721 filed April 22, 1976, in flap Book 183, at page 50, said point also being on the northern boundary of County Service Area L-42; thence Westerly, along the northern boundary of County Service Area 1,42, as follows; South 890 58' 09" West, 86.61 feet and South 880 14' 56" West, 659.34 feet to its intersection with the northern boundary of County Service Area 1w-21; thence, leaving said boundary of County Service Area L-42, Northerly and Westerly,, along the north- er:. boundary of County Service Area M-21, as follows; North 7" 13' 28" West, 198.29 feet; South 670 34' 18" West, 544.42 feet and South 890 03' 25" West, 713.64 feet to its intersection with the eastern boundary of County Service Area 1-42; thence, leaving said boundary of County Service Area M-21, Northerly, Westerly and Northerly, along the eastern boundary of County Service Area L-42, as follows; North 1° 56' 13" West, 210.34 feet; South 88" 58' 36" West, 28.35 feet and North 10 O1' 24" West, 135.00 feet to the point of beginning. Containing 21.58 acres, more or less. r 0005 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of ) RESOLUTION NO. 77/761 Initiation of Proceedings ) for Allied Chemical Fire ) (Gov.C. §§56430-56432) Boundary Reorganization ) RESOLUTION INITIATING PROCEEDINGS FOR ALLIED -CHEMICAL FIRE BOUNDARY REORGANIZATION The Board of Supervisors of Contra Costa County RESOLVES THAT: Application for the subject Reorganization was made by the landowner and filed with the Executive Officer of the Local Agency Formation Commission of Contra Costa County on August 1, 1977. The Reorganization proposed was for the following changes of organization: 1. The detachment of certain territory from the Contra Costa County Fire Protection District, located entirely within Contra Costa County; 2. T a_--ne tati .__ Tf the same territory to' the Riverview Fire Prozecticn Districz, located entirely within Contra Costa County. The reason for the proposed Reorganization is to permit the nearest fire equipment to respond to fires. On September 7, 1977, after public hearing, the Local Agency Formation Commission of Contra Costa County approved the Reor- ganization, as set forth above. The particular changes of organization described hereinabove, any terms and conditions applicable thereto, and the legal des- criptions of the territories affected thereby, along with any findings , statements of supporting facts, reasons, and determina- tions of the Local Agency Formation Commission relating thereto, are as more particularly described in the Resolution of the Local Agency Formation Commission of the County of Contra Costa Making Determinations and Approving the Allied Chemical Fire Boundary Reorganization, passed and adopted on September 7, 1977, a copy of which is on file with the Clerk of this Board_ In approving the above-described Reorganization, the Local Agency Formation Commission of Contra Costa County, inter alia, found the property in question to be legally uninhabited, desig- nated the proposal as "Allied Chemical Fire Boundar-ir Reorganization", and designated the Board of Supervisors of Contra Costa County as the conducting agency for- the Reor-an!.zatlon. At 10: 45 a.m. on Tuesday, November 1, 1977 in the Board of SupersLSo rs Chambers , County Administration Building, Martinez, , ti`(ar•:; i c':`:. .12 t ,- ^i..: _.L iie,i r- taxpa.-`r s , iJr• C;r G .ti :%.3 v11c, i;e.i '.'or-an zat, ,.jr, heard. Anyone desiring to make %ritten protest against said O -1- RESOLUTION NO. 77/761 �Uty Reorganization shall do so by written communication filed with the Clerk of the Board of Supervisors not later than the time set for hearing. A written protest by a landowner shall contain a description sufficient to identify the land owned by him; a written protest by a voter shall contain the residential address of such voter. At the conclusion of the hearing, or within 30 days thereof, this Board may either disapprove the proposed Reorganization, order the Reorganization subject to confirmation of the voters, or order the Reorganization without election. The Clerk of this Board shall have this Resolution published once a week for two successive weeks in the PITTSBURG POST-DT PA`!' (a newspaper of general circulation published in this County and circulated in the territory of the subject Reorganization) , beginning not later than 15 days before the hearing date. The Clerk also shall post this Resolution on the Board's bulletin board at least 15 days before the hearing date and continuing until the time of the hearing. The-Clerk also shall mail notice of the hearing by first class mail at least 15 days beforehand and addressed in the manner provided in Government Code §56089 to each- of the Districts affected, any affected cities, the petitioner(s) , and each person who has theretofore filed with the Clerk a request for a special notice. PASSED AND ADOPTED on September 20, 1977, unanimously by all Supervisors present. cc : Allied Chemical Nichols Road Pittsburg 94565 CCC Fire Protection Dist. Riverview Fire Protection Dist . LAFC Public Works Director County Administrator Assessor -2- 00059 RESOLUTION NO. 77-761 �n..c�1.0^.'�i.•a. . A{�. k y.;5"t,�,`a.,?5 d,.,.x,, uz 7 -t;:..- ,.za .1`t... » '"� � ►` l IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the natter of a ) Freeway Agreement . ) State Highway ) RESOLUTION NO. 77/762 Route 680 ) RESOLUTION? OF THE BOARD .OF SUPERVISORS OF THE COUNTY OF CONTRA COST'. APPROVI?ATG FPIEIAY AGUE?'-ENT WHEREAS, the State of California, through its Department of Transportation Division of Highways, has presented an agreenent entitled "Freeway Agreement" which concerns State Highway Route 680 within the county of Contra Costa from the city limits OIL Walnut Creek near Contra Costa Canal to 0.1 mile south of Oak Park Boulevard, and WHEREAS, the Board of Supervisors has heard read said agreement in full and is familiar with the contents thereof. THEREFORE, be it resolved by the Board of Supervisors of the coumy of Contra Cosz-a that said agreenent be and the same is hereby approved and the Chairnan of the Board is directed to sign the sane on behalf of the COUPITY. ADOPTED THIS -20th . . . day of " -S•eptemb-er. - 1977 . l . . . . . . . . . . . . . . . . :airman of the boar upervzsors Attest: I hereby certify that the foregoing resolution was duly and regularly passed by the Soardcf Supervisors of the COUNTY of Cn•iTR1^. COSTA at rebular meeting thereof held - September- 20 1977 . • . J•. R.- OLSSON cc• State. Department .of Clerk o the Soar o uaenrlsors • Transportation (via Piw) Public Works Director By Gz� Director of Planning N. Pous, Deputy Clerk County Administrator RESOLUTION O. 77/762 0006fl T ;•ror the City U—nits of �-"UM=it (art 11 Ilt^^ul.. Cont-a Costa C,nal to n.? :ile soui;zi of {'a? Pari: ;rocl}oVard? ?�r3'i' Y !sr-rr. IFTS r''EF.AT�;T, rade and entered, into on i, 2C th da of 1')77, by and betueen the STAT J, OF :cting Try end through the Dnpnrtrdent of Trans}iort- tation (herein referreA to as "STATI'.11) , nrdl Vie County of Contra Costa (herein referred to as "COM-1 j;,11FIR ;lii, the high-Ila;t descrii T.131"I r_OR.E, IT IS ArRrr,): 1. This Agreener_t supersedes that portion of said Freeway A-rccment dated `larch S. 1954 frorl the city limits of „al:tut Creek near Contra Costa. Canal to Contra Cost:: Canal: anti that Portion: o_: said Free=way Agreenent elated ioverber 23, 1952 frorl Contra Costa :anal to 0.1 resile south of Cnk Park. 311oulmird. 2. COM.MY agrees and consents to the closing of COUNTY roads, T.location of COU3711117N.' roads, and other constructiotl affecting CC?:,NTY roads, all as shown on said Plan nap attached herato marked Pxliil.it A and rade a Part thereof by this reference. 3. S't'ATF. shall, in construction of the freeway and 'at STATEts expense, r.!al;e suc;i changes affecting CO1lyd7Y roa.-Is in accordance i;ith the plan Man attached hereto narked Exhibit A. S TATIF may, at STATE'S expense, install signs, . sitgna.l_,, and other traffic-control devices at anPrc;�ria*c locations to be deterninec' by STATE in order to regulate, warn, or guide traffic upon the hi;-O_:.ays. 4. STATE agrees to acquire all necessary right of way as may be required. for constructtion, reconstruction, or alteration o£ C .4 LY roads, frontage roads, and other local roads, and COU; i as part of the froew;zy proper. CCI.*J:v' :fill also accept titlo to he portions of suets roads lying outside the freeway limits, rpon ralinquaS}?`:ono by SHAT . G. 'ihis ,;raer+en` nay be noniflod at any tiro by the autual consent of the parties hereto, as may become necessary for the best accomplishment, through STATE and_ CMENITY coopers — tion, of the ::hole freeway project for the bi-nefit of the people eT. the STATE and of the COUNTY, I.f �:i�7tE55 :rr.E^EnFt the parties heroto have caused this Agroement to be executed by their respective duly :authorized officers. STXM. OF C ALI F GPNIAI;E COUN s^f OF CONTRA COSTA UenartDent of .ers:nsportation J o `i�� Director of Transportation WL j . 5ogges .�y _ ~'��`'. Z•i ..3a�-", sn BF Use Board of Supervisors CHEF ENG! GEA APPROVED AS" TO FQPM: APP?IOr11ED torneey �.oun Y C iaez, invasion o. : ra�sct Development 1UnF^(AMP AS TO FORM: U :.��s'�ttt?T'itey State OUQ63 l _ 1 RESOLUTION 1-00. 771762 " '790LUTIclN"OF TIS ;O RD tar RTMERVISORiS OF TH 4tRP,1-Y CF CO'."TP.A COSTA A.P?'ROVIP:r FREEi-FitY i GUM-1-M-111 T j . 17-1-T=REAS, the State of California,, through its Department of Transportation Division of Fiahways, has presented an agreement onti tled "Freeway Agreerent" which concerns State, Figh«ay Route 680 within the county of Contra Costa from the city lin.its of 1Fa3r.::t Creek rear Contra Costa Canal to 0.1 milesouth of Oak Par?: Boulevard, and T-111MRrAS, the Board of Supervisors has hrard read said agrearent in full -and -is fnni liir with the contents thereof. TItEP.I,FORF., be it resolved by the BoarCs a f Supervisors of the county of Contra Costa that said agreemumt ba and the Seine is hereby a, proved and the Chairrrn of the Board is directed to . sign the sznne on behalf of the CO NTY. AIDOPM THIS ' 20th day of September , In 77 y W. N. Boggess. i,,taxrnat n o t �e t.oa Supervisors Attest: I hereby certify that the foregoing resolution i,as duly and. regularly passed by the I'loarda-F Supervisors of the COUNTY of C01.TRA COSTA at regular mae-king thereof held September 20 lr 77 J. 11. * OLSSONT :lor:: oz z:...• 113,6ari. of Li;?fiZ'?rxSorS N. Pous, Deputy Clerk V4 OVWl I • 1 1 EXHIBIT A 1i t •A l I D- LEGEND i FREEWAY FRONTAGE ROAD OR a OTHER LOCAL ROAD ' z'�7zst7 FINANCED 8Y OTHERS ONE WAY STREET w„r w� ' \ STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 04 - CC-680- PM. 16.0 TO R M. 16 .8 FREEWAY IN CONTRA COSTA COUNTY FROM THE CITY LIMITS OF WALNUT CREEK NEAR CONTRA COSTA CANAL TO 0.1 M I LE SOUTH OF OAK PARK BOULEVARD Scale in Feet 0 400 800 1200 /Ylill Vf li CLI 1i/1 a/b�V. t L7, a � d ' �► ^ G o G w C13 ONG _ 2 f r..i ..r 1 . 2 c � s � r A� y �� ► � /jam ~~1� �� r 1. 'rte -5�0 Of 010 r Y � v 4 • / t I / r I ST Q low M At N N0RTH � t � b �r -- Cit LimitS'�e . 1 � ~1 r is t� v, c I ;D• i t r R. i U Cr S. P. T, Co. _ �4 0 n CO VY n ' 0 i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes } of the Assessment Roll } of Contra Costa County } RESOLUTION NO. 77/763 WHEREAS, the County Assessor having filed with this Board requests for corrections of erroneous assessments, said requests having been consented to by County Counsel; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments. For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessor's office what was intended and what should have been assessed; and, therefore, pursuant to Section 4831 of the California Revenue and Taxation Code, the following defects in descriptions and/or form and clerical errors of the Assessor on the roll should be corrected; and in accordance with Sections 4986 and 5096, the assessee may file a claim for cancellation or refund; further, in accordance with Section 4985(a), any uncollected delinquent .penalty, cost, redemption penalty, interest, or redemption fee heretofore or hereafter attached due to such error should be cancelled upon the showing that payment of the corrected or additional amount was made within 30 days from the date the correction is entered on the roll or abstract record as i.t was impossible to complete valid procedures initiated prior to the delinquency date. Due to incomplete information and instructions in processing accounts, incomplete computer programs or failure of such programs in the Business Personalty Subsystem being put into effect this year, errors and rejections resulted on the following accounts and should be corrected as indicated below: , Class of Corrected Account No. Assessee Property Value 023550-0000. Chevron Research Company P S Imps $19,219,760 F.V. Imps 20,027,880 F.V. Pers Prop 1,263,240 F.V. 043530-0001 Fin-San, Inc. Pers Prop $ 32,200 F.V. Bus Inv Ex 4,025 A.V. 041690-0021 Exxon Corporation Imps $ 16,200 F.V. Pers Prop 140 F.V. R. 0. SEATON,Ass t. -Assessor t9/6/77, cc: Assessor-Giese, 920 Main St. Auditor - - Tax Collector RESOLUTION NO 77/763 Page 1 of ; ` 00072 For the Fiscal Year 1977-78 The following accounts were erroneously assessed and should be corrected -o zero value since they were not the owner on the lien date, were out of business, or had moved out of county prior to the lien date: Account No. Assessee 008400-0001 Richard Barrickman 015157-0000 Bray & Burke 022740-0000 Berle Chadwick 040000-0000- Ed Elliott 093340-0000 Eric Nielsen 097580-0001 Palos Verdes Center Ltd. 098750-0000 Irma Patterson 137880-0000 Dereld E. & Bette L. Waugh 143160-0000 A. Fred Wright Account No. 066490-0000, Richard W. Johnson and J. C. Borgman are erroneously assessed since the original assessment was estimated and subsequent information shows this assessment should be corrected to show Personal Property $20,880 Full Value, 10% Penalty $2,500 Full Value. Account No. 019720-0000, Calwan, Inc. is erroneously assessed since exemption had not been allowed for imported inventory held for transshipment; therefore, this assessment should be corrected to show Personal Property $63,055 Full Value, Business Inventory Exemption $7,740 Assessed Value. The following accounts were erroneously assessed since the property was assessed more than once; therefore, these accounts should be corrected as indicated below: Class of Corrected Account No. Assessee Property Value 019365-0003 California Group Services Pers Prop $ 19,580 F.V. 061000-0001 Howard C. & Marianne Holmes Imps $ 79,000 F.V. 118790-0000 Ernest G. Simpson -0- FURTHER, it has been ascertained from papers in the Assessor's office that property belonging on the local roll has escaped assessment; and, therefore, pursuant to the Revenue and Taxation Code, Section 531.,. .escaped assessment should be added to the unsecured roll as follows; and business inventory exemption allowed in accordance with Section 219 as indicated: R. 0. SEATON, Ass t. Assessor Page 2 of 00073 For the Fiscal Year 1977-78 Account No. 030160-E000 Morley H. Crosby Pers Prop $ 6,840 F.V. Bus Inv Ex 275 A.V. Account No. 041620-E000 Alvin Ewert Pers Prop $ 10,380 F.V. Bus Inv Ex 667 A.V. Account No. 129950-E000_ Don Timmerman Edward Haber Imps $ 63,500 F.V. Pers Prop 2,620 F.V. Bus Inv Ex 310 A.V. Assessees have submitted signed business property statements. Account No. 058760-E000 Paul Hermann P. S. Imps $ 5,820 F.V. Pers Prop 2,020 F.V. Bus Inv Ex 10 A.V. Assessee has been notified. And, FURTHER, such error caused the assessor to allow business inventory exemption erroneously and, therefore; an escaped assessment in the'amount of the portion of the exemption incorrectly allowed because of such erroneous or incorrect information submitted by the taxpayer should be entered pursuant to Section 531.5; together with interest on taxes pursuant to'Section 506; and, in accordance with Section 533, the assessed values erroneously or illegally assessed should be offset against the proposed escaped assessment for the same tax year. Account No. 003163=0000,. Americore, Inc. , For Fiscal year 1977-78 Original Corrected Original Corrected Pursuant Class of Full Full Assessed Assessed to Section Property Value Value Value' Value (UT Pers Pro $ 31,280 , Bus Inv Ex $ 26,802 $ 3,910 531.5; 506 Assessee has been notified. R. 0. SEATON, Ass'.t. Assessor Page 3 of A-4 00074 Further, For the Fiscal Year 1977-78, pursuant to Section 4831.' Account No. 040080-0000, Glen P. and Alfreda F. Ellis, filed timely and was processed on Business Personalty Subsystem. Through an error of the Assessor, an additional estimated assessment with penalty was added to the original account; therefore, this assessment should be corrected to show P. •S. Improve- ments $10,948-Full Value, Personal Property $3,680 Full Value, Business Inventory Exemption $125 Assessed Value, no Penalty. I hereby consent to the above changes nd/or corrections: R. 0. SEATON, Asst. Assessor JOHN LAUSEN, C y sel B Adopted by tete Booed on-.- SEP 20 .1917 D�P�_....._._....- --» Page 4 of 4 00075 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) RESOLUTION N0. •77/74 of Contra Costa County ) hTHEREAS, the County Assessor having filed with this Board requests for correction of erroneous assessments , said requests having been consented to by the County Counsel ; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments: For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessor's Office what was intended and what should have been assessed; and, therefore, pursuant to Section 4831 of the Revenue and Taxation Code, the following defects in description and/or form and clerical errors of the assessor on the roll should be corrected; and, FURTHER, property escaping assessment due to such error should be enrolled as escaped assessment pursuant to Section 531 of the Revenue and Taxation Code; and, FURTHER, in accordance with Section 4986(a) (2) the County Auditor should be directed to cancel all or any portion of any tax, penalty, or costs on that portion in error as if it has been levied erroneously; and, FURTHER, in accordance with Section 4985 (a) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost, redemption penalty, interest, or redemption fee, heretofore or hereafter attached due to such error should be canceled if it is impossible to complete valid- procedures initiated prior to delinquency date, upon the showing that payment of the corrected or additional amount was made within 30 days from the date correction is entered on the roll or abstract record. For the fiscal years 1976-77 and 1977-78, in Tax Rate Area 15002, the following parcels assessed to Philip $ Shirley E. Hurwitz, (with the exception of Parcel 258-593-002-3 which was assessed in the name of Tract 3895 Lot 20 Common Area for the fiscal year 1977-78) , have been erroneously enrolled on the assess- ment roll as separate parcels, whereas , these parcels should have been combined under one parcel number. Therefore, this error should be corrected by deleting the following 'parcels and enrolling the newly created parcel as indicated: R. 0. SEA ON Assistant Assessor Copies to: Assessor (Kettle) Auditor Tax Collector RESOLUTION NO. 7�! 7 � Page 1 of 2 O` Or73 1' Delete following parcels from 1976-77 and 1977-78 assessment roll: Parcel No. 258-593-002-3 Parcel No. 2S8-593-005-6 Parcel No. 258-593-006-4 Parcel No. 258-593-007-•2 Parcel' No. 258-593-008-0 Enroll the following parcel on the 1976-77 and 1977-�78 assessment roll ::- Parcel •Number: 258-593-012 Tax Rate Area: 15002 Assessee:- Hurwitz, Philip $ Shirley E. 1519 Camino Peral #D Moraga, CA 94556 Deed Reference: 6432/0614 - July 15, 1971 Property Description: Tract. -3895 Lot 20 Assessed Value Assessed Value 1976-77 1977=78 Land T Land S 8,800 Improvements 20,000 Improvements 22,000 Total 28,000 Homeowner Ex. =1 ,750 Net Taxable $29,05U Assessee has been notified. 01 I hereby fonsent to the above changes Ind/or corrections: R. 0. SEATON JOH CLAU N Counsel Assistant Assessor /�� t9/7/77 By P ty Adopted by the Board on. SEP 2 0_1977 _ Page 2 of Z RESOLUTION NO. 7 7/7� 00077 y c BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: Authorizing Certification of ) Right of Way in Connection with the } RESOLUTION NO. 77; 765 Hillcrest Avenue Improvements ) Project No. 7564-4426-661-78 ) Antioch Area ) (State ID No. 04-CC-00-CR) ) The Board of Supervisors of Contra Costa County RESOLVES THAT: In order to obtain Federal and State aid assistance from the State of California in connection with the Hillcrest Avenue Improvements, Project No. 7564-4426-66I-78, and for the State Department of Transportation to approve the project for advertising, it is necessary that the County of Contra Costa certify to the State Department of Transportation that the rights of way necessary for the proper execution of the project have been acquired; The Certification of Right of Way, attached hereto and by this reference made a part hereof, is hereby APPROVED by the Board of Supervisors of the County of Contra Costa and the Chairman of the Board is hereby AUTHORIZED ,and ORDERED to execute the same for and on behalf of the County of Contra Costa. PASSED on September 20, 1977, unanimously by Supervisors present. Originator: Public Works Department Real Property Division cc: County Counsel Public Works Department (2) Real Property Division (6) County Administrator RESOLUTION MO. 77/ 76 00078 CONTRA COSTA COUNTY September 20, 1977 Unassigned Federal Identification Number RIGHT OF WAY CERTIFICATION 04-CC-00-CR State Identification Number Hillcrest Avenue Improvements County Road 7564-4426-661-78 County Project Number All required right of way for construction of this project has now been acquired, covered by Right of Entry or Order of Possession as set forth in detail below: 1 . STATUS OF RIGHT OF WAY ACQUISITION: a. Total number of parcels required. 0 b. Parcels acquired outright. 0 c. Parcels covered by right of entry. 0 d. Parcels covered by Temporary Construction 0 Permit. (No permanent rights required) e. Condemnation Resolution. 0 2. STATUS OF AFFECTED RAILROAD FACILITIES: None 3. DESIGNATED MATERIAL SITES: None 4. DESIGNATED DISPOSAL AREAS: None 5. STATUS OF UTILITY RELOCATION: Utility relocations to be made by utility companies concurrent with construction. 6. SCHEDULE FOR REMOVAL OF OBSTRUCTIONS: Three mail boxes to be relocated to 'permanent locations by contractor. 7. UNAUTHORIZED ENCROACHMENTS: None 00079 8. COMPLIANCE WITH FEDERAL AND STATE REQUIREMENTS REGARDING THE ACQUISITION OF REAL PROPERTY: All right of way has been acquired in accordance with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646) and all applicable current . FH14A directives covering the acquisition of real property. 9. COMPLIANCE WITH RELOCATION ADVISORY ASSISTANCE AND PAYMENTS - PROVISIONS OF FEDERAL AND STATE LAW: The project will not involve the displacement of any individuals, farms, or business. Possession of all parcels required for this project was effective September 4, 1973. I HEREBY CERTIFY the right of way on this project as conforming to Statement No. (1) of Paragraph 5c of FHPM-642.1 . Recomm ed for Certif' ti COUNTY BYB �" W _ .� . �i_ SO=ets rnon L. G1ine Chairman, Board of Supervisors Public Wor Director ATTEST: J. R. OLSSON, Clerk G. T. Derana By— Principal Real Property Agent Deputy APPROVED AS TO FORM: JOHN B. CLAUSEN, County Counsel By L Deputy 00080 1 irlir. �rF1 �►� _ _ rtr.rUSmN RFCG2�Mn, nm n"�,' 0:;r:�,•y TO CLERK BOILRD OF SUPERVISORS at o'clock M. Contra Costa County Records J. R. OLSSON, County Recorder Fee S Official BOARD OF SUPERVISORS, CONTRA COSTA .COUNTY, CALIFORNIA In the Matter of Accepting and Giving RESOLUTION OF ACCEPTANCE Notice of Completion of Contract with and NOTICE OF COMPLETION Richard Sawdon ) (C.C. §§3086 3093) W.O. -927 ) RESOLUTION 140. X7/766 The Board of Supervisors of Contra Costa County RESOLVES THAT: The County of Contra Costa on July 1, 1977 contracted with Richard Sawdon, 2225 Lariat Lane, WalnutCreek, -CT- 94596 Name and Address of Contractor for Stone Valley School Neighborhood Park with American Fidelity Fire Insurance Co. as surety, Q, Name of Bonding Company r.., for work to be performed on the grounds of the County; and w The Public Works Director reports that said N•;ork has been inspected c» and complies with the approved plans, special provisions, and standard specifications, and recommends its acceptance as complete (Das of August 24, 1977 ; v Therefore, said work is accepted as completed on said date, and the oc Clerk shall file with the County Recorder a copy of this Resolution tom- and Notice as a Notice of Completion for -said contract. PASSED AND ADOPTED ON September 20 , 1977 • CERTIFICATION and VERIFICATION I certify that the foregoing is a true and correct copy of a resolu- tion and acceptance duly adopted and entered on the minutes of this Board' s meeting on the above date. I declare under penalty of perjury that the foregoing is true and correct. Dated: September 20, 1977 J. R. OLSSON, County Clerk & at Martine:;, California ex officio Clerk of the Board Depu ty Clerk cc:�iiecora ana reW1111 Contractor Auc1.i"tior. D �V1 Public V orks VU "•' • �•-•i RESOLUTION NO. 77/766 y e BOARD G.Jj%.eERVISORS, CONTRA COSTA COUNTY, ti..%LIFORNIA Resolution Calling a Maximum- Tax Rate Increase Election ) in County Service Area M-23, ) RESOLUTION NO.77/767 San Ramon Area ) (R.&T.C. §§ 2265, 2286(a) and 2287, 2288 Gov. ,C § 25210.18) The Board of Supervisors of Contra Costa County RESOLVES that: The Board of Supervisors, on June 14, 1977, by Resolution No. 77/477 (approv- ing the Blackhawk Boundary Reorganization #2) established without election County Service Area M-23, San Ramon Area, to provide the extended County services of street lighting, landscape maintenance, open space, maintenance, drainage main tenance and parks and recreation services, This Board has received a letter from the owner of all interests in real property located within County Service Area 11-23 which waives said owner's rights- to notice, publication, time, ballot arguments and impartial issue analysis for this election (see letter, labeled Appendix "A", attached hereto. and incorporated herein by this reference) . NOW, THEREFORE, BE IT RESOLVED that pursuant to Revenue and Taxation Code §§ 2265 and 2286(b), a maximum tax rate election is hereby called for County 'Service Area M-23. The election shall be by mailed ballot and shall determine . whether or not the present maximum tax rate for County Service Area M-23 will be increased from $0.00 per $100 of assessed valuation (including improvements) to a maximum tax rate of $0.70 per $100 assessed valuation (including improvements) for the fiscal year 1978-79 and thereafter until changed as provided by law. Any tax rate levied shall be levied only within said Service Area. BE IT ALSO RESOLVED that because of said waiver letter and because the public health and local needs of this County require that residential subdivisions be assured of an adequate financial source for the maintenance of their common areas, the maximum tax rate election is set for September 27, 1977, one week from today. BE IT ALSO RESOLVED that the County Clerk is hereby AUTHORIZED and DIRECTED to take all steps necessary to conduct said maximum tax rate election and further that when the Elections Supervisor mails the ballots for said election to the address indicated on the attached Appendix "A", he shall provide a copy of his forwarding letter to the Public Works Department, the Administrator's Office and County Counsel's Office. PASSED on September 20, 1977, unanimously by Supervisors present. cc: Public Works (4) County Clerk (Elections) Director of Planning 00082 I Augusto ) , 1977 Board of Supervisors County of Contra Costa County Administration Building Martinez, California 94553 . Dear Sirs:- The undersigned declare that they are the duly authorized agents of the owner of all interest in the real property- located within the boundaries fo Contra Costa County Service Area M-23. The undersigned also fleclare that the owners of said property hereby request that the Board of Supervisors call a maximum tax rate election by mail ballots for said service area so that the Conditions of Approval for Subdivisions 4878, 4962, and 4963 can be complied with and the final map recorded. In order to allow this election to be conducted as soon as possible the undersigned are authorized to and do . hareby waive all rights the owners of said parcel may now have under Section 2285 et seq. 6t the Revenue and Taxation Code and all provisions of the Elections Code to notice, publiction, time pro and con arguments and imparital analysis of issues in said election. The undersigned make this waiver on the condition that they will be provided with ballots for said election prior to the date set for it by the Board of Supervisors; and request that said ballots be mailed to Blackhawk Corporation, and Cal-Land Investment Company, c/o Daniel Van Voorhis, Esq. , 1855 Olympic Blvd. , #111, Walnut Creek, California 94596. I declare under penalty of perjury• that the foregoing is t o rect. Executed this' f5�-'Isr da of August, 1977 at California. 0 JOEL HRENK ANZ Gene Partner for Cal-Lan A sociate! A Ca ornia Limited Partne ip N S CHS R s President of BLACKHAWK CORPORATION 1871 Blackhawk Road Danville, California 0008.3 APPENDIX A S IN THE BOARD OF SUPERVISORS OF (XMRA COSTA MINTY, STATE OF CALIEMIMA AS EX-OFFICIO THE GOVERNING BOARD OF THE MORAGA FIRE PROTECTION DISTRICT In the Matter of Approving Plans ) and Specifications for Moraga ) Fire Protection District Adminis- ) RF50LUTION No. 77/768 tration Building at 1280 Moraga ) Way, Moraga. ) (7050-4098) ) SAS Plans arra Specifications for the Moraga Fire Protection Dis- trict Administration Building at 1280 Moraga Way, Moraga, California have been filed with the Board this day by the Public Works Director; and WHEREAS the Engineer's cost estimate for construction-is $130,000; and WHMMS the general prevailing rates of wages, which sha11 be the minimum rates paid on this project, have been approved by this Board; and A Negative Declaration pertaining to this project was posted and no protests were received; the project has been determined to conform to the General Plan; this Board has determined that the project will not have a signi- ficant effect on the environment and the Director of Planning shall file a Notice of Determination with the County Clerk; IT IS BY THE BOARD RESOLVED that said Plans and Specifications are hereby APPROVED. Bids for this work will be received on October 20, 1977 at . 2:00 p.m., and the Clerk of this Board is directed to publish Notice to Con- tractors in the meimer and for the time required red by 1aw, inviting bids for said work, said Notice to be published in the ORINDA SUN PASSED and ADOPTED by the Board on September 20, 1977. Originator: Public TQorks Department Bldgs. & Grounds cc: Public Works Department Agenda Clerk Building Projects County Inspector (via Public Warks) County Auditor-Controller County Administrator Director of Planning 00084 REsownw No. 77/768 DIVISION A - NOTICE TO CONTRACTOR (Advertisement) Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that the Public Works Director will receive bids for the furnishing of all labor , materials , equipment , transportation and services for : Mor-aha Fire Protection nistrint AdminiStrntinn Building at 1280 MAr8a8 waw, MOMS 9-8 _ The estimated construction contract cost (Base Bid) is Bid proposals shall be sealed and shall be submitted to the Public Works Director , 6th Floor , County Administration Building , 651 Pine Street , Martinez , California 94553 , on or before the 2btb day of October 1977 at 2 :00 P.M. and will be opened in public immediately after and at the time due , in the Conference Room of the Public Works Department , 6th Floor , Administration Building , Martinez , California , and there read and recorded . Any bid proposals received after the time specified in this Notice will be returned unopened . Each bid shall be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors , Room 103 , County Administration Building , Martinez , California . This project is funded under a Local Public Works Capital Development and Investment Program Grant . On-site labor must begin by 7 November 1977. A pre-bid conference will be held for all prospective bidders on 5 October 1977 at 2 :00 P.M. , in room I0 ( Court.n5use , MartiLlICZ.. The drawings and specifications may be examined at the Office of the Clerk of the Board of Supervisors or at the Public Works Department , Building Projects Office , 823 Main Street , Martinez . Plans and Specifications may be obtained at the Building Project Office , 823 Main Street , Martinez , up n pan e � /�00� ($10 . 5) printing and service charge in the amount of dollars ( sales tax included) which amount sha14 not be refundable. Checks shall be made payable to the "County of Contra Costa , " and shall be mailed to the Public Works Department , 6th Floor , Administration Building , Martinez , California 94553 . Technical questions regarding the contract documents should be directed to the Building Projects Division . Their telephone number is (415) 372-2146. Microfilmed with board order OUvUJ DIVISION A - NOTICE TO CONTRACTOR (Cont . ) Each bid to be considered responsibe shall be made on a bid form to be• obtained at the Building Projects Office , 823 Main Street , Martinez , and must be accompanied by a ` certified check, cashier' s check, or bid bond in the amount of the ten percent (10%) of the base bid amount , made payable to the order of "The. County of Contra Costa. " Bidders are hereby notified that any contract entered into pursuant to this notice will have a 10 percent minimum participation by Minority Business Enterprises (MBE) . Minimum dollar amount of minority participation in this contract shall be thirteen thousand ($13 ,000) dollars . The Contractor shall have an affirmative action plan . The said Board of Supervisors reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received . No bidder may withdraw his bid for a period of thirty days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY James R. Olsson County Clerk and Ex-Officio Clerk of the Board of Supervisors ' Contra Costa County, California By I 61u DATED : SEP 2 0 1977 N. Pous, Deputy Clerk PUBLICATION DATES : 0tUO8� - I = Bidder DIVISION C - PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL 20th day of October AT 2 P .H. AT THE PUBLIC WORKS DEPARTMENT , th FLOOR , COUNTY ADMINISTRATION BUILDING, 651 PINE STREET , MARTINEZ , CALIFORNIA 94553 • A. TO THE PUBLIC WORKS DIRECTOR, VERNON L . CLINE , PUBLIC WORKS DEPARTMENT: Gentlemen : The undersigned hereby proposes and agrees to furnish any and all required labor , material , transportation , and services for MORAGA FIRE PROTECTION DISTRICT, ADMINISTRATION BUILDING at 1280 Moraga Way, Moraga, California in strict conformity with the Plans, Specifications , and other contract documents on file at the Office of the Clerk of the Board of Supervisors , First Floor, Administration Building , Martinez , California 94553 , for the following sums ; namely: BASE BID : shall include all of the work for the construction and completion of all facilities therein , but not including any of the work in the following Alternates : For the sum of: Dollars ($ ) Alternate No. 1 . State the amount to be deducted from the Base Bid for eliminating reducing the curb, gutter and sidewalk described on the Drawings as "Alternate No. 1 . " Deduct the sum of dollars ($ ) . Microfilmed with Board or7er. 0008*7 e-� DIVISION C - PROPOSAL (Bid Form) (Cont . ) B. It is understood that this bid is based upon completion of the work within Two hundred twenty(220 ) calendar days from and after the date of- commencement . C . It is understood , with due allowances made for unavoidable delays ,. that if the Contractor should fail to complete the work of the contract within the stipulated time , then , he shall be liable to the Owner in the amount of one hundred dollars ($100. 00) per calendar day for each day said work remains uncompleted beyond the time for completion , as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. D. The undersigned has examined the location of the proposed work and is familiar with the Plans , Specifications and other contract documents and the local conditions at the place where the work is to be done. E . The undersigned has checked carefully all of the above figures -and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. F. The undersigned hereby certifies that this bid is genuine and not sham or collusive , or made in the interest or in behalf of any person not herein named , and that the undersigned has not directly induced or solicited any other bidder to put in a sham bid , or any other person, firm, or corporation to refrain from bidding , and that the undersigned has not in any manner , sought by collusion to secure for himself an advantage over any other bidder. G. Attached is a list of the names and locations of the place of business of the subcontractors . N . Attached is a list of the names , addresses and percentage of bid for each minority subcontractor and/or materials supplier. I . Attached is bid security as required in the Notice to Contractors . ❑ Cast; ❑ Bidders Bond ❑ Cashiers Check ❑ Certified Check MOSS DIVISION C - PROPOSAL (Bid Form) (Cont.) J . The following addenda are hereby acknowledged as being included in the bid : Addendum # dated Addendum # dated Addendum # dated Firm By Title Address Phone Licensed in accordance with an act providing for the registration of Contractors, Classification and License No. Dated this day of 19 00089 C-3 i DIVISION C. PROPOSAL BID FORM continued LIST OF SUBCONTRACTORS: (As required by Division B, Section 4, Paragraph (c)) (Substitution of listed subcontractors: See Division F. , Section 5, Paragraph E.) . Portion of Work Name Place of Bidders w C-4 00090 f DIVISION C - PROPOSAL BID FORM (Cont.) LIST OF MINORITY BUSINESS ENTERPRISES 1. Name of Bidder 3. IRS Number 4. Address: 2. EDA Project No. 5. The Bidder commits himself to the use of Minority Business Enterprises in the dollar amount or percentage of contract as required by'these documents and Title 1 , Section 106(f) (2) of the Public Works Employment Act of 1976, as amended (P.L.94-369) through the use of the following minority business enterprises as contractors or sub-contractors for services or supplies: 6. Type of Percentage Minority Firm Name(MFN) Mailing Service or of Bid IRS Number(IRS) Address Supplies Sum Name(MFN) Street(MFA) City(MFC) IRS Number(IRS) State(MFS)Zip Code(MFZ) Name(MFN) Street(MFA) City(MFC) IRS Number(IRS) State(MFS) Zip Code(MFZ) Name(MFN) Street(MFA) City(MFC) I IRS Number(IRS) State(MFS) Zip Code(MFZ) Name(MFN) Street(MFA) City(MFC) State(MFS) IRS Number(IRS) Zip Code(MFZ) Name(MFN) Street(MFA) City (MFC) State(MFS) _ IRS Number(IRS) Zip Code(MFZ) Street(h1FA) Name(MFN) City(MFC) State(MFS) IRS Number(IRS) Zip Code(MFZ) 7. Total percentage to be Expended for Minority Business Enterprises: Total Amount of Bid (Base) S 8. Name and Title of Authorized Officer Phone No. Signature Date C—C � l STATEMENT OF COMPLIANCE I , Name of Company PROVIDE ASSURANCE OF MY COMMITMENT TO PROVIDE A 10 PERCENT MINIMUM MINORITY BUSINESS ENTERPRISE PARTICIPATION IN THE CONTRACT FOR CONSTRUCTION. FIRM: BY: TITLE: ADDRESS:' PHONE: Microfilmed with board order C-6 DIVISION! C - PROPOSAL BID FORM (Cont.) T I.* Affirmatzve Action. Certification. A. Bidders' Certification. A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDERS CERTIFICATION certifies that: Bidder 1. it intends to employ the following listed construction trades in its work under the contract and 2. (a) as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Contra Costa Plan, it will comply with the Contra Costa Plan on this and all future construction work in Contra Costa County within the scope of coverage of that Plan, those trades being: and or (b) as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority manpower utilization goals and the speci.fice affirmative action steps contained in said Part II, on this and all future construction work in Contra Costa County subject to these Bid Conditions, those trades being: and 3. it will obtain from each of its subcontractors and submit to the con— tracting or administering agency prior to the award of any subcontract under this contract the subcontractor certification required by these Bid Conditions. Signature of authorized representative of bidder 00093 C-7 SPECIFICATIONS FOR MORAGA FIRE PROTECTION DISTRICT ADMINISTRATION BUILDING 1280 MORAGA WAY, MORAGA, CALIFORNIA l - Prepared by Building Projects Division Public Works Department Contra- Costa County SEPTEMBER 20, 1977 F1 LED 41' SE ,Zo1977 �osG- Yo9Fr J. R. OLSSON CLERK BO RD O COSUPCOISORS —De u 1. Prepared for Public Works Department Contra Costa County Sixth Floor Administration Building Martinez, California Microti;m,:u with'board order, 00094 TABLE OF CONTENTS DIVISION A. NOTICE TO CONTRACTORS DIVISION B. INSTRUCTIONS TO BIDDERS Section 1 Competence of Bidders Section 2 Securing Documents Section 3 Examination of Plans, Specifications, and Site of Work Section 4 Bidding Documents Section 5 Submission of Proposals Section 6 Withdrawal of Proposals Section 7 Public Opening of Proposals Section 8 Irregular Proposals Section 9 Competitive Bidding Section 10 Award of Contract Section 11 Special Requirements Section 12 Execution of Contract Section 13 Failure to Execute Contract DIVISION C. PROPOSAL (Bid Form) DIVISION D. ARTICLES OF AGREEMENT (Contract) DIVISION E. EQUAL EMPLOYMENT OPPORTUNITY DIVISION F. WAGE RATES DIVISION G. GENERAL CONDITIONS DIVISION H. SUPPLEMENTAL GENERAL CONDITIONS DIVISION I . SCHEDULE OF DRAWINGS TECHNICAL SPECIFICATIONS C . S . I . Formal DIVISION 1 . GENERAL REQUIREMENTS Section IA Standing Requirements Section iB Pre-Construction Conference Section 1C Scope of Work and Construction Schedule Section 1D Temporary Facilities DIVISION 2. SITEWORK Section 2A Site Preparation Section 26 Earthwork Section 2E Asphalt Concrete Paving Section 2F Landscape Concrete & Rockbeds Section 2H Demolition 00095 • DIVISION 3 . CONCRETE Section 3A Concrete Formwork Section 3B Reinforcing Steel Section 3C Concrete DIVISION 4. MASONRY Section 4A Masonry DIVISION 5. METALS Section 5A Structural and Miscellaneous Metals DIVISION 6. CARPENTRY Section 6A Rough Carpentry Section 6B Finish Carpentry & Millwork DIVISION 7. MOISTURE- PROTECTION Section 7A Build Up Roofing Section 7B Sheetmetal Section 7D Building Insulation Section 7E Sealants DIVISION 8. DOORS , WINDOWS E GLASS Section 8A Aluminum Doors E Frames E Windows Section 88 Metal Doors S Frames Roof Hatch Section 8C Wood Doors Section 8D Finish Hardware Section 8E Glass & Glazing DIVISION 9. FINISHES Section 9A Lathing 6 Plastering Section 98 Cement Asbestos Board (Wainscot) Section 9C Gypsum Board Section 9D Painting Section 9E Rubber Base Section 9F Wall Covering (Tack Boards) Section 9G Quarry Tile DIVISION 10. SPECIALTIES Section l0A Toilet Compartments Section 108 Building Specialties DIVISION ll . (OMITTED) 0UO19 a DIVISION 12. FURNISHINGS Section 12A Carpeting DIVISION 13 . (OMITTED) DIVISION 14. (OMITTED) DIVISION 15. MECHANICAL Section 15A Plumbing Section 156 Heating g Ventilating DIVISION 16. ELECTRICAL DIVISION 16A Electrical 0009`1 DIVISION A - NOTICE TO CONTRACTOR (Advertisement) Notice is hereby given .by order of the Board of Supervisors of Contra Costa County, that the Public Works Director will receive bids for the furnishing of all labor , materials , equipment , transportation and services for : Mora.ga Eire Prntentinn nisi-rise Administration Building &t 22A0 X^raga w8;, Mnraga , The estimated construction contract cost (Base Bid) is Bid proposals shall be sealed and shall be submitted to the Public Works Director , 6th Floor , County Administration Building , 651 Pine Street , Martinez, California 94553 , on or before the 20th day of October 1977 at 2:00 P.M. , and will be opened in public immediately after and at the time due , in the Conference Room of the Public Works Department , 6th Floor , Administration Building , Martinez , California , and there read and recorded . Any bid proposals received after the time specified in this Notice will be returned unopened . Each bid shall be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors , Room 103 , County Administration Building , Martinez , California . This project is funded under a Local Public Works Capital Development and Investment Program Grant . On-site labor must begin by 7 November 1977• A pre-bid conference will be held for all prospective bidders on 5 October 1977 at 2 :00 P.M. . in room , Marttncz. The drawings and specifications may be examined at- the Office of the Clerk of the Board of Supervisors or at the Public Works Department , Building Projects Office , 823 Main Street , Martinez . Plans and Specifications may be obtained at the Building Project Office , 823 Main Street , Martinez , upon payme f printing and service charge in the amount of ten and 9�IY608 ($10 .65 ) dollars ( sales tax included) which amount _;_hall not be refundable. Checks shall be made payable to the "County of Contra Costa , " and shall be mailed to the Public Works Department , 6th Floor , Administration Building , Martinez , California 94553 • Technical questions regarding the contract documents should be directed to the Building Projects Division . Their telephone number is (415) 372-2146 . 0009031 DIVISION B - INSTRUCTION TO BIDDERS The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid in submitting his proposal , and to the conditions affecting the award of contract . SECTION 1 . COMPETENCE OF BIDDERS (a) License: No bidder may bid on work of a kind for which he is not properly licensed , and any such bid received may be disregarded . (b) Bidders shall be experienced in the type of work for which they are bidding and shall , upon request of the County, submit to the County a written list of completed projects , with the name of the owner or contract officer indicated . SECTION 2. SECURING DOCUMENTS Drawings and Specifications may be secured at the place and for the payment as called out in the "Notice to Contractor . SECTION 3 . EXAMINATION OF PLANS , SPECIFICATIONS , AND SITE OF THE WORK (a) On-Site Labor : The Local Public Works Capital Development and Investment Program legislation administered by the U . S . Department of Commerce/Economic Development Administration requires on-site labor to begin within certain time restraints . The County may make such investigations as it deems necessary to determine the ability of the contractor to meet this requirement . (b) Contractor ' s Responsibility: The bidders shall examine carefully the site of the work, and the -pians and specifi - cations therefor. He shall investigate and satisfy himseif as to conditions to be encountered , the character, quality, and quantity of surface, and subsurface materials or obstacles to be encountered , the work to be performed , and materials to be furnished , and as to the requirements of the proposal , plans , and specifications of the contract . 00099 B-1 f J DIVISION A - NOTICE TO CONTRACTOR (Advertisement) Notice Is hereby given .by order of the Board of Supervisors of Contra Costa County, that the Public Works Director will receive bids for the furnishing of all labor, materials , equipment , transportation and services for : Morava Fire Pr.AteCti nn nistri nt Administration Building at 120 nrfl$,g 41nay„�� Mnraga _ The estimated construction contract cost (Base Bid) isi �n ,nn�_ Bid proposals shall be sealed and shall be submitted to the Public Works Director, 6th Floor, County Administration Building , 651, Pine Street , Martinez, California 94553 , on or before the ?0th day of October 1977 at 2 :00 P.M. , and will be opened in public immediately after and at the time due , in the Conference Room of the Public Works Department , 6th Floor , Administration Building , Martinez , California , and there read and recorded . Any bid proposals received after the time specified in this Notice will be returned unopened . Each bid shall be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors , Room 103 , County Administration Building , Martinez , California . This project is funded under a Local Public Works Capital Development and Investment Program Grant . On-site labor must begin by 7 November 1977• A pre-bid conference will be held for all prospective bidders on 5 October 1977 at 2 :00 P.M. , in room 107 Courthouse , Marttnez- The drawings and specifications may be examined at the Office of the Clerk of the Board of Supervisors or at the . Public Works Department , Building Projects Office , 823 Main Street , Martinez . Plans and Specifications may be obtained at the Building Project Office, 823 Main Street , Martinez , upon payme f printing and service charge in the amount of ten andjj008 ($10 .65 ) dollars ( sates tax included which amount shall not be refundable. Checks shall be made payable to the "County of Contra Costa , " and shall be mailed to the Pubiic Works Department , 6th Floor, Administration Building , Martinez , California 94553 . Technical questions regarding the contract documents should be directed to the Building Projects Division . Their telephone number is (415) 372-2146 . 0 DIVISION A - NOTICE TO CONTRACTOR (Cont. ) Each bid to be considered respon_sibe shall be made on a bid form to be obtained at the Building Projects Office , 823 Main Street , Martinez, and must be accompanied by a certified check , cashier' s check, or bid bond in the amount. of .the ten percent (.10%) of the base bid amount , made payable to the order of "The County of Contra Costa. " Bidders are hereby notified that any contract entered . . . .... .... _ .. into pursuant to this notice will have a 10 percent minimum participation by Minority Business Enterprises (MBE) . Minimum dollar amount of minority participation in this contract shall be thirteen thousand ($13 ,000) dollars. The Contractor shall have an affirmative action plan . The said Board of Supervisors reserves the right to reject any and all bids or any portion of any bid and/or waive ' any irregularity in any bid received. No bidder may withdraw his bid for a period of thirty days after the date. set. for . opening thereof. BY ORDER OF. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY By James R. Olsson County Clerk and Ex-Officio Clerk of the Board of Supervisors ' Contra Costa County, California DATED : PUBLICATION DATES IL 0a �� DIVISION B - INSTRUCTION TO BIDDERS The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid in submitting his proposal , and to the conditions affecting the award of contract. SECTION 1 . COMPETENCE OF BIDDERS (a) License : No bidder may bid on - work of a kind for which he is not properly licensed , and any such bid received may be disregarded . (b) Bidders shall be experienced in the type of work for which they are bidding and shall , upon request of the County , submit to the County a written list of completed projects , with the name of the owner or contract officer indicated . SECTION 2 . SECURING DOCUMENTS Drawings and Specifications may be secured at the place and for the payment as called out in the "Notice to Contractor . SECTION 3 . EXAMINATION OF PLANS , SPECIFICATIONS , AND SITE OF THE WORK (a) On-Site Labor : The Local Public Works Capital Development and Investment Program legislation administered by the U . S . Department of Commerce/Economic Development Administration requires on-site labor to begin within certain time restraints . The County may make such investigations as it deems necessary to determine the ability of the contractor to meet this requirement . (b) Contractor ' s Responsibility : The bidders shall examine carefully the site of the work, and the plans and specifi - cations therefor. He shall investigate and satisfy himself as to conditions to be encountered, the character , quality, and quantity of surface, and subsurface materials or obstacles to be encountered , the work to be performed , and materials to be furnished , and as to the requirements of the proposal , plans , and specifications of the contract . B-1 (b) Contractor ' s Responsibility (Cont. ) Where investigations of subsurface conditions have been made by the County in respect to foundation or other structural design , and that information is shown in the plans , said information represents only the statement by the County as to the character of material which has been actually encountered by it in its investiga- tion , and is only included for the convenience of bidders . Investigations of subsurface conditions are made for the purpose of design , and the County assumes no responsibility whatever in respect to the sufficiency or accuracy of borings , or of the log of test borings , or other preliminary investigations , or of the interpretation therefor. There is no guarantee or warranty, either express or implied , that the conditions indicated are representative of those existing throughout the work, or any part of it , or that unlooked for developments may not occur. Making such information . available to bidders is not to be construed in any way as a waiver of the provisions of this article concerning the Contractor ' s responsibility .for subsurface conditions , and bidders must satisfy themselves through their own investigations as to the actual con- ditions to be encountered . (c) Responsibility for Utilities : As part of the responsibility stated in subdivision b above , and without limitation thereon , the Contractor shall be responsible at his own cost for any and all work, expense or special precuations caused or required by the existence of proximity of utilities encountered in performing the work, including without limitation thereon , repair of any or all damage and all hand or exploratory excavation required . The bidder is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and the ducts enclosing such cables , and when work Ing or excavating in the vicinity thereof, the special precautions to be observed at his own cost shall also include the following : All such cables and their enclosure ducts shall be exposed by careful hand excavation so as not to damage the ducts or cables, nor cause injury to persons , and suitable warning signs , barricades , - and safety devices shall be erected as necessary or required . (d) Discrepancies or Errors : If omissions , dis- crepancies , or apparent errors are found in the plans and specifica- tions prior to the date of bid opening , the bidder shall submit a written request for a clarification which will be given in the form of addenda to all bidders if time permits . Otherwise , in figuring the work, the bidders shall consider that any discrepancies or conflict between drawings and specifications shall be governed by supplemental General Conditions of these specifications . 00100 -2 SECTION 4. BIDDING DOCUMENTS (a) The bid package shall consist of the following: 1 . Proposal (Bid Form) 2. List of Subcontractors 3. List of Minority Business Enterprises 4. Statement of Compliance MBE 5. Bidders Certificate Affirmative Action) 6. Bidders Security (b) Bids shall be made upon the special Proposal (Bid Form) (Division C of this Specification) , with all items completely filled out numbers shall be stated both in writing and in figures, the signatures of all persons signed shall be in longhand. The completed form should be without interlineations, alterations or erasures, no alternative proposals. Additional copies of the Proposal (Bid Form) may be obtained from those supplying these specifications. (c) Bids shall not contain any recapitulation of the work to be done; alternative proposals will not be considered, unless called for. No oral , telegraphic or telephonic proposals or modifications will be considered. (d) List of Subcontractors: Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of 1/2 of l percent of his total bid, in accordance with Chapter 2, Division 5, Title 1 , of the Government Code. (e) Each proposal shall have a List of Minority Business Enterprises containing the name, address and percentage of total bid, for each subcontractor and/or materials supplier the bidder proposes to use to meet the 10 percent minority business enterprise utilization requirement. The bidder is encouraged to use more than the 10 percent requirement if qualified subcontractors and materials suppliers are available. See the General Conditions for further information regarding the 10 percent minority business enterprise utilization commitment. (f) Each proposal shall have a Statement of Compliance indicating the Contractors intent to comply with the EDA requirement of 10 percent minimum participation of Minority Business Enterprises (MBE) . (g) Each proposal shall have a Bidders Certification indicating Contractors Proposed Affirmative Action Plan. (h) Bidder's Security: All bids shall have enclosed cash, a cashier's check, certified check or a bidder's bond, as described below, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to "Contra Costa County," in an amount equal to at least 10 percent of the amount of the bid. 8-3 00101 SECTION 5. SUBMISSION OF PROPOSALS Proposals shall be submitted to the Public Works Director of Contra Costa County at the place indicated on the bid proposal . It is the sole responsibility of the bidder to see that his bid is received in proper time. All proposals shall be submitted under sealed cover, plainly identified as a proposal for the work being bid upon and addressed as directed in the Notice to Contractors and the bid proposal . Failure to do so may result In a premature opening of, or a failure to open such bid. Proposals which are not properly marked may be disregarded. SECTION 6. WITHDRAWAL OF PROPOSALS Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder of his duly authorized representative, for the withdrawal of such bid is filed with the Public Works Director of Contra Costa County. An oral , telegraphic, or tele honic request to withdraw a bid proposal is not acceptable. The withdrawal o a bid shall not prejudice the right of a bidder to file a new bid. This article does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. SECTION 7. PUBLIC OPENING OF PROPOSALS Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors . Bidders or their authorized agents are invited to be present . SECTION 8 . IRREGULAR PROPOSALS Proposals may be rejected if they show any alter- ation of form, additions not called for , conditional bids , in- complete bids , erasures , or irregularities of any kind . If bid amount is changed after the amount is originally inserted , the change should be initialed . The County also reserves the right to accept any or all alternates and unit prices called for on the Bid Form and , their order of listing on such form shall in no way indicate the order in which the bids may be accepted . SECTION 9. COMPETITIVE BIDDING If more than one proposal be offered by any individual , firm, partnership, corporation , association , or any combination thereof , under the same or different names , all such proposals may be rejected . A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders , or from submitting a bid directly for the materials or work. ' ' =A U-bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this contract is in violation of the competitive bidding requirements of the &&at�o2 law and may render void any contract let under such circumstances. 1l 0 B-4 SECTION 10. AWARD OF CONTRACT The right is reserved to reject any and all proposals . The award of the contract , if it be awarded , will be to the lowest responsible bidder whose proposa.l complies with all the requirements prescribed. Such award , if made; will be made within 30 days after the opening of the proposals . SECTION 11 . SPECIAL REQUIREMENTS The bidder ' s attention is invited to the following special provisions of the contract , all of which are detailed in the General Conditions and Supplemental General -Conditions or other documents included in these specifications . (a) Bonds (b) Insurance (c) Liquidated Damages (d) Guarantee (e) Inspection and Testing of Materials (f) Facilities to be Provided at Site (g) Assignment of Contract Prohibited (h) Wages and Overtime Pursuant to Contract Work Hours Standards Act SECTION 12. EXECUTION OF CONTRACT The contract (example in Division D ) shall be signed by the successful bidder with duplicates and returned within five (5) days of receipt , not including Saturdays , Sundays , and legal holidays , together with : a) Contract b) Contract Bonds c) Certificates of Insurance d) Minority Business Utilization Report (Form ED-530 Part A & Part B) No contract shall be binding upon the County until same has been executed by the Contractor and the County. Should the Contractor begin work in advance of receiving notice that the contract has been approved as above provided , any work performed by him will be at his own risk and as a volunteer unless said contract is so approved . SECTION 13 . FAILURE TO EXECUTE CONTRACT The contractual requirements of Section 12 09103 B-5 SECTION 13 . FAILURE TO EXECUTE CONTRACT .:(Cont . ) . must be correctly executed in strict conformance with the contract documents and delivered to the County within five (5) working days of receipt of contract. Contractor shall not send these documents by U . S . Mail but shall hand deliver them to Building Projects Division , Room 107 , Court Nouse, Martinez, CA where they will be immediately reviewed for accuracy. Documents found deficient shall - be immediately taken to their source for correction . No allowance for late submission of these documents will .be made. The contract documents must be correctly executed and deliverd to the County on time to insure that on-site work can begin before the deadline established as a condition of grant, by the Economic Development Administration . Failure to meet these requirements shall be just cause for the annulment of the award and the forfeiture of the bidder ' s security. If this failure to deliver correctly executed documents and/or on-site labor has not begun as stipulated , resulting in the cancellation of Federal grant (s) , the contractor shall be held liable for the total amount of the Federal grant (s) not received . If the successful bidder refuses or fails to execute the contract , the County may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract , the County may award the contract to the third lowest responsible -bidder . On the failure or refusal of the second or third lowest responsible bidder to. whom any such contract is so awarded to execute the same, such bidders ' securities shall be likewise forfeited to the County . The work may then be readvertised or may be constructed by day labor as provided by State law. a 00104 B-6 Bidder DIVISION C - PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL 20th day of October AT 2 P . M. AT THE PUBLIC WORKS DEPARTMENT , th FLOOR , COUNTY ADMINISTRATION BUILDING, 651 P114E STREET , MARTI.IIEZ , CALIFORNIA 94553 . A. TO THE PUBLIC WORKS DIRECTOR, VERNON L . CLINE , PUBLIC WORKS DEPARTMENT: Gentlemen : The undersigned hereby proposes and agrees to furnish any and all required labor , material , transportation , and - servA ces for MORAGA FIRE PROTECTION DISTRICT , ADMINISTRATION BUILDING at 1280 Moraga Way, Moraga , California in strict conformity with the Plans , Specifications , and other contract documents on file at the Office of the Clerk of the Board of Supervisors , First Floor , Administration Building , Martinez , California 94553 , for the following . sums ; namely : BASE BID : shall include all of the work for the construction and completion of all facilities therein , but not including any of the work in the following Alternates : For the sum of : Dollars ($ ) Alternate No. 1 . State the amount to be deducted from. the BaseBidfor eliminating reducing the curb, gutter and sidewalk described on the Drawings. as "Alternate No. 1 . " Deduct the sum of dollars ($ ) a(�10U i DIVISION C - PROPOSAL (Bid Forr..) (Cont : ) B. It is understood that this bid is bused upon completion of the work within Two hundred twenty(220 ) calendar days from and after the date of commencement. _ C . It is understood , with due allowances made for unavoidable delays , that if the Contractor should fail to complete the work of the contract within the stipulated time , then , he - shall be liable to the Owner in the amount of one hundred dollars ' ($100. 00) per calendar day for each day said work remains uncompleted beyond. the time for completion , as and for liquidated damages and not as a penalty , it being agreed and expressly - stipulated that it would be impractical and . difficult to fix the actual -amount of- damage. D . The undersigned has examined the location of the proposed work and is familiar with the Plans , Specifications and. other contract documents and the local conditions at the place where the work is to be done. E . The undersigned has checked carefully all of the above figures •and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of - the e undersigned in making up this bid . F. The undersigned hereby certifies that this bid is genuine and not sham "or "collus_ive , . or made_ inthe_ interest_ or in behalf of any person not herein named , and that the undersigned has not directly induced or solicited any other bidder to put in a sham bid , or any other person , firm, or corporation -'to refrain from bidding , and that the undersigned has not in -any manner , sought by collusion to secure. for himself an advantage over any other bidder. G. Attached is a list of the names and- locations of the place of business of the -subcontractors .' , N . Attached is a list of the names , addresses and percentage of bid for each minority subcontractor and/or materials supplier . I . Attached is bid security as required in the Notice to Contractors . ❑ Cash ❑ Bidders Bond ❑ Cashiers Check ❑ Certified Check 00106 C-"Z . s DIVISION C - PROPOSAL (Bid Form) (Cont. ) J . The following addenda are hereby acknowledged as being - included _in the bid : Addendum # dated Addendum # dated Addendum # dated Firm By Title Address Phone Licensed in accordance with an act providing -for 'the " registration of Contractors , Classification and License No . Dated this day of 19 00197 C-3 DIVISION C. PROPOSAL BID FORM continued ' LIST OF SUBCONTRACTORS: (As required by Division B, Section 4, Paragraph (d) ) (Substitution of listed subcontractors: See Division F. , Section S . Paragraph E.) . Portion of Work Name Place of Bidders Vit , fi ' t ? 001' C-4 DIVISION C - PROPOSAL BID FORM (Cont.) LIST OF MINORITY BUSINESS ENTERPRISES 1. Name of Bidder 3. IRS Dumber 4. Address: 2. EDA Project No. 5. The Bidder commits himself to the use of Minority Business Enterprises in the dollar amount or percentage of contract as required by these documents. and Title 1 , Section 106(f) (2) of the Public Works Employment Act of 1976, as amended (P.L.94-369) through the use of the following minority business enterprises as contractors or sub-contractors for services or supplies: 6. Type of Percentage Minority Firm Name(MFN) Mailing Service or of Bid IRS Number(IRS) Address ^--�moiDlies Sum J: Name(MFN) Street(MFA) City(MFC) IRS Number(IRS) State (MFS)Zip Code MIFZ) - NameWN) Street(MFA) City(MFC) IRS Number (IRS) State WFS) Zip Code(MFZ) Name(MFN) Street(MFA) City(MFC) IRS Number (IRS) State(MFS) Zip Code UdFZ) Name (MFN) Street (MFA) City(MFC) State OAFS) � IRS Number(IRS) Zip Code IMFZ) Name(MFN) Street(MFA) City (MFC) State(MFS) _ IRS Number(IRS) Zip Code(MFZ) Street(MFA) Name(MFN) City (MFC) State (MFS) IRS Number(IRS) Zip Code(MFZ) _ i 7. Total percentage to be Expended for Minority Business Enterprises: Total Amount of Bid (Base) S 8. Name and Title o/Authorized 011icer Phone No. F SiQnaturc Date U lu 111JO C—q , _ _ STATEMENT OF COMPLIANCE Name of Company PROVIDE ASSURANCE 'OF MY COMMITMENT TO PROVIDE "A 10" PERCENT MINIMUM MINORITY BUSINESS ENTERPRISE PARTICIPATION IN .-THE ' CONTRACT FOR` ' CONSTRUCTION.. FIRM : BY :- TITLE: Y :TITLE: ADDRESS : 001101 C-6 i DIVISION C - PROPOSAL BID FORM (Cont.) I. Affirmative action. Certification. A. Bidders' Certification. A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will .be deemed a part of the resulting contract: BIDDERS CERTIFICATION certifies that; Bidder 1. it intends to employ the following listed construction trades in its work under the contract • and 2. (a) as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Contra Costa Plan, it will comply with the Contra Costa Plan on this and all future construction work in Contra Costa County within the scope of coverage of that Plan, those trades being: and or (b) as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority manpower utilization goals and the specifice affirmative action steps contained in said Part II, on this and all future construction work in Contra Costa County subject to these Bid Conditions, those trades being: and 3. it will obtain from each of its subcontractors and submit to the con— tracting or administering agency prior to the award of any subcontract under this contract the subcontractor certification required by these Bid Conditions. Signature of authorized representative of bidder) 00111 d DIVISION D. ARTICLES OF AGREEMENT (Contract) C014TILLCT (Construction Agreement) (Contra Costa County Standard Fora) 1. SPECIAL TERMS. These special terms are incorporated below by reference. (SS2,3) Parties: [Public Agency] [Contractor] (complete legal name (S2) Effective Dater: [See S4 for starting date.] (53) The Work: (54) Corpletion Tire: [strike out (a) or (b) and 'calendar* or *working") (a) By [date] (b) Within calendar/working, days from starting date. (55) Liquidated Damages: S per calendar day. (S6) Public Aganey'a Agent: (57) Contract Price: S (for unit price contracts: more or less, in accordance with fius.ed quantities at unit bid prices.) (Strike out parenthetical material if inapplicable.) 2. SIGUATURES d AC=0YLEDG.IEYT. Public Ac_enc_v, BY: (President, Chairman Or Other Designated Representative) (Secretary) Contractor, hereby also acknowledging awareness of and compliance with Labor Code 51861 concerning Workers' Compensation Law. By: [CORPORATE Designate official capacity sn-taeusines SEAL) By: Designate off]Lcial capacity in the usiness 9ote to Contractor (I) Execute acknowledgment fora beZov, and (2) if a corpora tion, affix Corporate Scat. State of California ) ACZJ-0YLEDG':Z.7T (by Corporation, County of ) ss' Partnership, or Ind"xidual) The person(s) signing above for Contractor, known to me in individual and business capacity as stated, personally appeared before se today and acknowledged that he/they executed it and that the corporation or partnership named above executed it. Dated: [NOTARIAL SEAL) Notary Public _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ FORM APPROVED by County Counsel. (Page 1 of 4) (CC-1: Rev. 11-75) D_ , 00112 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as set forth in this contract, incorporating by these references the material ('special terms') in sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faithfully perforce and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the require::.ents of this contract, all strictly in accordance with the Public Agency's plans, drawings and specifications. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the k^ lic Agency shall never have to pay more than specified in Sec. 7 without such an order. -4. TIRE: iOTICE TO PROCEED. Contractor shall start this work as directed in the speci- fications or the notice to Proceea; and shall complete it as specified in Sec. 1. 5. LIQ(JIDATE.D DA)SAGES. If-the Contractor fails to complete this contract and this work wit-Fiin the tise!?ixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, fres the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will parr as liquidated damages to the Public Agency the reasonable sum specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work.; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money clue or to become due Contractor under this con- tract. If the Public Agency for an, cause authorizes or contributes to a delay, suspen- sion of war): or extension of time. its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-co--pletion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work., when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. 1:7TEGRATED DOCbiEXZS. The plans, drawings and specifications or special provisions of e Public Agency's call for bias, and Contractor's accepted bid for this work are hereby incorporated into this contracontract; and they are intendca to co-operate, so that any- thing exhibited in the plans or drawings and not mentioned in the specifications or special provisions, or vice versa, is to be executed as if a:,hibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public agency's Agent specified in Sec. 1. 7. PAYFMZT. (a) For his strict and literal fulfillment of these promises and conditions, andfull compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for-payment, supported by a statement showing all materials actually installed during the preceding month, the labor expended thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the a::ount determined to be due, minus 104 thereof pursuant to Government Code Sec. 53067, but not until defective work and materials have been removed, replaced and dada good. S. PAYIMNTS WITHHELD. (a) The Public Agency or its agent may withhold any payment, or because or later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, or (2) Claims filed or reasonable evidence indicating probable filing, or (3) Failure to properly pay subcontractors or for material or labor, or (4) Reasonable doubt that the work can be completed for t)he balance then unpaid, or (5) Damage to another contractor, or (6) Damage to the Public Agency, other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor. as the work progresses, the matorials and labor which are not satisfactory to it, so as to avoiJ unnecessary trouble or cost to the Cox:.:.rLor in making good any defective work or parts. (c) 35 calendar days after the Purlic .agency files its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. iI-7o) work. it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims lave mean presented to the Public Agency based on acts or omissions of the Contractor, and no liens or withhold notices have been filed against the wort: or site, and provided there are not reasonable inaications of defective or missing work or of. late-recorded notices of liens or clains against Contractor. 4. INSU!tUCL. (Labor Code 451860-61) On signing this contract, Contractor must give Public Agency (1) a certificate of consent to self-insure issues( by the Director of Industrial Relations, or (2) a certificate of Workers' Compensation insurance issued by an ad=ittod insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and cc--plies with Labor Code Sec. 3700 and the Workers' Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approve good and sufficient bonds with sureties, in amount(s) specified in the specifi- cations or special provisions, guaranteeing aij faithful performance of this contract and his payment for all labor and materials ih.:reunder. 11. FAILLM: TO PERFOPM. If the Contractor at any tics refuses or neglects, without fault of the PubMic agency or its agent(s), to supply sufficient matarirls or workmen to comyleto this agreement and wor): as provided herein, for a period of 10 days or more after written notice thereof by the Public .genet, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize.the applicability of various federal, state and loz-al laum ana regulations, especially Chapter 1 of Part 7 of the Cali`ornia Labor Code (beginning with Sec. 172u, and including Sacs.;. 1735. 1777.5, s 1777.6 forbidding discrimination) and _ntend that this agreement complies therewith. The parties specifically stipulate t%at the relevant penalties and Forfeitures provided in the Labor Code, especially in Secs. 1775 i 181,, concerning prevailinq wages and hour„ shall apply to this agreement as though fully stipulated heroin. 13. SUDCONTRACTORS. Government Code 554100-4113 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Sec. 1773, the Director of the Department of Industrial Re ationa has ascertained the general prevailing rates of wages Per diem, and for holiday and overtime work, in the locality in which this work is to be performed, for each craft classification, or type of workman needed to execute this contract, and Baia rates are as specified in the call for bids for this work and are on file with the Public agency, and are hereby incorporated "herein. (b) This schedule of wages is based on a working day of S hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours con- stituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least tisese rates to all persons on this work, including all travel, sui.)sistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale establisacd by collective bargaining agreement for such labor in the locality gore such wort: is being performed. If it becomes neces- sary for the Contractor or any subcontractor to employ any person in a craft, classifi- cation or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no min—in wage rate is specified, the Contractor shall iaediately notify the Public Agency which shall promptly determine the prevailing wage rate tiherefor and furnish the Contractor with the miniauha rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF L1uOR. Eight hours of labor in one calendar day constitutes a legal day's work, and Who wor=_ n employed at any time on this work by the Contractor or by any sub- contractor shall bo roquired or poraittod to wort: longer tharoon except as provided in Labor Coda Sacs. 1810-1815. 16. APPFW.TICES. Properly indentured apprentices hsaj be employed on this work in accordance wsth Labor Code Sacs. 1777.5 and 1777.6. forbiddin-1 discri:i.hatioa. (Page 3 of 4) (CC-1; Rev. 11-76) 5 001.11- J p_3 17. PRI: LHM..CE FOP M-TERIAIS. .The Public Agency desires to promote the industries and economy OZ Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIG:C ,. This agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public agency and the -Contractor's surety or sureties, unless they have waived notice of assignment. 14. W UAIVER BY PUBLIC AGE::CY. Inspection of the work and/or materials, or approval of wor- and/or materia inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said.work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to conply with any of the tars and conditions hereof. 20. HOLD HAIMMESS i I::L•E:rZS'Y. (a) Contractor promises to and shall hold harmless and Mdemni y from the limbi ides as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against aria any liaLil t.1 or clam for damage of any kind allegedlysu.erf ed,.incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such lia.3ility, claim or daeige 'was unforeseeable at any time before the Public Agency approved the improvement plan or accepted the improvements as completed, and including the defense of any suits) or actiori(s) at law or equity concerning these. (d) The actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s), or any officer(s), agents) or employees) of one or more of them. (e) lion-Conditions: The promise and agreement in.this section is not conditioned or dependent on whether or not any Inder_u tee has prepared, supplied, or approved any plan(s), drawing(s), specifications) or special provisions) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of-any Indemnitee. 21.- EXCAVATION. Contractor shall comply with the provisions of Labor Code sec. 6705, if applicable, ay su:mitting.to Public Agency a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. (Page 4 of 4) (CC-1; Rev. 11-76) - DIVISION E - EQUAL EMPLOYMENT:- OPPORTUNITY BID .0-MITIONS AFFII',14TIVE ACTION REQUIPUBTS EWAL Er•1PLRIEIT OPFORTUIITY GUIET011 1N PLAt'I) For all Non-Exempt Federal and Federally Assisted Construction Contracts -to., be Awarded in Contra Costa County, California. NOTICE EACH BIDDER, CO." RACTOR OR SLBCOIr1RACTOR (HEREINAFTER THE CDj"M CTOR) hLGT FULLY C01111-PLY WITH EITHER PART I OR PART Ili AS APPLICABLE, OF THESE BID CONDITIONS AS TO EACH OONSTRL,UION TRADE IT INTENDS TO USE ON THIS CONSTRUCTION COiFIRACT X0 ALL OTHER CONSTRUCTION WORK (BOTH FEDERAL A0 NON— FEDERAL) IN THE CONTRA COSTA COU4TY AREA DURING THE PERFORMANCE OF THIS CONTRACT OR SLBMNRACT. THE CONTRACTOR COIFZITS ITSELF TO THE GOALS FOR MINORITY i•14`:PO44ER UTILIZATION IN EITHER PART I OR PART II, AS APPLICABLE., AND ALL OTHER REQUIREf-EffrS, TER'•1S A0 CONDITIONS OF THESE BID COIIDITIONS BY SUBMITTING A PROPERLY SIGNED BIDI THE CONTRACTOR SHALL APPOINT A C01111PA,NY EXECUTIVE TO ASSU-E THE RESPOPJSIBILITY FOR THE IMPLEI•'Et TATION OF THE REQUIREMICEtITS, TER,%S AND CONDITIONS OF THESE BID COi�D IT IONS Pi':;T I The provisions of this Part I apply to contractors which are party to collective bargaining agreements with labor organizations which together have agreed to the Crnitra Costa Co:mty Area Construction Program (hereinafter the Contra Costa Plan) for equal opporti-mitt' and have jointly made a commitment to specific goals of minority and, Where applicable, female utilization. The Contra Costa Plan is a tripartite voluntary agreement between management, labor, and the minority community. The Contra Costa Plan, together with all imple:-,4nting agreements that have been and may hereafter be developed pursuant thereto, are incorporated herein"by reference. C E-i �U1�� Any contractor using one or more trades of construction employees must comply with either Part I or Part II of these Bid Conditions as to each such trade. A contrac- tor may therefore be in compliance with Part I of these Bid Conditions by its participation with the labor organization which represents its employees in the Contra Costa Plan as to one trade provided there is set forth in the Contra Costa Plan a specific commitment by both the contractor and the labor organization to a goal of minority utilization for that trade. Contractors using trades which are not covered by Part I (see Part II, Section A) must comply with the commitments- contained in Part II including goals for minorities and female utilization set forth in Part II. If a contractor does not comply with the requirements of these Bid Conditions, it shall be subject to the provisions of Part II. P T I A. Coverage. The provisions of this Part II shall be applicable to those con- tractors who: 1. Are not or hereafter cease to be signatories to the Contra Costa Plan incorporated by reference in Part I hereof; _ 2. Are sitnatories to the Contra Costa Plan but are not parties to collec- tive bargaining agreements; 3. Are signatories to the Contra Costa Plan but are parties to collective • bargaining agreements with labor organizations which are not or hereafter cease to be signatories to the Contra Costa Plan; 4. Are signatories to the Contra Costa Plan and are parties to collective bargaining agreements with labor organizations but the two have not Jointly executed a specific cozmitment to goals for minority utilization and incorporated the commitment in the Contra Costa Plan; or 5. Are participating in an affirmative action plan which is no longer accept- able to the Director, OFCCP, including the Contra Costa Plan; 6. Are signatories to the Contra Costa Plan but are parties to collective bargaining agree--epts with labor organizations which together have failed to make a good faith effort to comply with their obligations ander the Contra Costa Plan and, as a result, have been placed under Part II of the Bid Conditions by the Office of Federal Contract Compliance Prograrrs . B. _ Reauirerent--An Affii-native Action Plan. Contractors described in paragraphs 1 through 6 above shall be subject to the provisions and requirements of Part II of these Bid Conditions including the goals and timetables for minor- ityl utilization, and specific affir=ative action steps set forth in Sections B.1 and 2 of this Fart II. The contractor's co.-=it=ent to the goals for minority utilization as required by this Part II constitutes a commitment that it will make every good faith effort to meet such goals. 1 111nority ' is defined as including Blacks, Spanish Surnamed Americans, Asians, and American Indians, and includes both minority .men and minority women. 0117 E-2 1. Goals and Timetables. The goals of minority utilization required of the contractor are applicable to each trade used by the contractor in the Contra Costa Plan area and which is not otherwise bound by the pro- visions of Part I. For all such trades the following goals and timetables shall be applicable: GOALS FOR MINORITY UTILIZATION From 10/01/74 To 9/30%76* 17.0% - 19.5% * In the event that any work which is subject to these Bid Conditions is performed in a year later than the latest year for which goals of minority utilization have been established, the goals for the last year of the Bid Conditions will be applicable to such' work. The goals of minority and female utilization above are expressed in terms of hours of training and employment as a proportion of the total number of hours to be worked by the contractor's aggregate work force, which includes all supervisory personnel, in each trade on all projects (both Federal and non-Federal) in the Contra Costa Plan area during the perfor- mance of its contract (i.e., the period beginning with the first day of work on the Federal or federally assisted construction contract and ending with the last day of work.) The hours of minority employment and training must be substantially uniform throughout the length of the contract in each trade and minori- ties must be employed evenly on each of a contractor's projects. There- fore, the transfer of minority employees or trainees from contractor to contractor or from project to project for the purpose of meeting the contractor's goals shall be a violation of Part II of these Bid Conditions. If the contractor counts the nonworking hours of trainees and apprentices in meeting the contractor's goals, such trainees and apprentices must be employed by the contractor during the training period; the contractor must have made a commitment to employ the trainees and apprentices at the completion of their training subject to the availability of employ- ment opportunities; and the trainees must be trained pursuant to training progracs approved by the Bureau of Apprenticeship and Training for "Federal Purposes" or approved as supplementing the Contra Costa Plan. 2. Specific Affir-rative :Action Steps. i:o contractor shall be found to be in noncompliance with Executive Order 112+6, as amended, solely on account of its failure to meet its goals, but si.all be given an opportunity to demonstrate that the contractor has instituted all the specific affir- aative action steps specified in this Part II and has made every good faith effort to make these steps work toward the attain.*ment of its goals within the tirotables, all to the purpose of e7panding minority utili- zation in its aggregate work force in the Contra Costa Plan area. A t E-3 00118 contractor subject to Part I which fails to comply with its obligations under the Equal Opportunity clause of its contract (including failure to meet its fair share obligation if provided in the Contra Costa Plan) or subject to Part II which fails to achieve its commitments to the goals for minority utilization has the burden of proving that it has engaged in an affirmative action program directed at increasing minority utilization and that such efforts were at least as extensive and as specific as the following: a. The contractor should have notified minority organizations when employment opportunities were available and should have maintained records of the organizations' response. b. The contractor should have maintained a file of the names and addresses of each minority referred to it by any individual or organization and what action was taken with respect to each such referred individual, and if the individual was not employed by the contractor, the reasons therefor. If such individual was sent to the union hiring hall for referral and not referred back by the union or if referred, not eiployed by- the contractor, the file should have documented this and the reasons therefor. C. The contractor should have promptly notified the contracting or administering agency and the Office of Federal Contract Compliance Programs when the union or unions with which the contractor has collective bargaining agreements did not refer to the contractor a minority sent by the contractor, or when the contractor had other information that the union referral process has impeded efforts to meet its goals. d. The contractor should have disseminated its EEO policy within. its organization: by including it in any employee hendboo;; or policy manual; by publicizing it in company newspapers and annual reports, and by advertising such policy at reasonable intervals in inion publications. The EEO policy should be further disseminated by conducting staff -meetings to explain and discuss the policy; by nostin- of the policy; and by review of the policy with minority . employees. e. The contractor should have disseminated its EEO policy externally - by informing and discussing it with all recruitment sources; by advertising in news media, specifically including minority news media; and by notifying and discussing it with all subcontractors ; f. The contractor should have made both specific and reasonably recurrent written and oral recruitment efforts. Such efforts should have been directed at minority organizations, schools with substantial minority enrollment, and minority recruitment and training organizations within the contractor's recruitment area. � 'i E_4 09119 g. The contractor should have evidence available for inspection that all tests and other selection techniques used to select from among candidates for hire, transfer, promotion, training or retention are being used in a manner that does not violate the OFCCP Testing Guidelines in 41 CFR Part 60-3. h. The contractor where reasonable should have developed on-the-job training opportunities and participated and assisted in all Depart- ment of Labor funded and/or approved training programs relevant to ' the contractor's employee needs consistent with its obligations under this Part II. i. The contractor should have made sure that seniority practices and job classifications do not have a discriminatory effect. J. The contractor should have made certain that all facilities were not segregated by race. k. The contractor should have continually monitored all personnel activities to ensure that its EEO policy was being carried out including the evaluation of minority employees for promotional opportunities on a quarterly basis and the encouragement of such employees to seek those opportunities. 1 . The contractor should have solicited bids for subcontracts from available minority subcontractors engaged in the trades covered by these Bid Conditions, including circulation of minority con- tractor associations. NOTG'--The Assistant F.egional Administrator of the Office of Federal Contract Compliance Programs and the compliance agency staff will pro- vide technical assistance on questions pertaining to minority recruitment sources, minority community organizations and minority news media upon receipt of a request for assistance from a contractor. 3. Subsequent Signatory to the Contra Costa Plan. Contractors that are subject to the requirements of Part II at the time of the submission of their bids which, together with labor organizations with which they have collective bargaining agreements, subsequently become signatory to the Contra Costa Plan, either individually or through an association, will be deemed bound to their commitments to the Contra Costa Plan from that time until and unless they once again become subject to the requirements of Part II pursuant to Section A. 1-6. 4. lion-discrimination. In no event may a contractor utilize the goals and affirmative action steps required by this Part II in such a manner as to cause or result in discrimination against any person on account of race, color, religion, sea or national origin. PART III Compliance and Fnforcement. In all cases, the compliance of a contractor will be determined in accordance with its obligations under the ter-.s of these Bid Con- ditions. Therefore, contractors who are governed by the provisions of either Part I or Part II shall be subject to the requirements of that Part regardless of thecobd igations of its prime contractor or lower tier subcontractors. N E-5 -5 00120 All contractors performing or to perform work on projects subject to these Bid Conditions hereby agree to inform their subcontractors in writing of their .respective obligations under the terms and requirements of these Bid Conditions, including the provisions relating to goals of minority employment and training. A. Contractors Subject to Part I. 1. A contractor covered by Part I of these Bid Conditions shall be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part I, provided the contractor together with the labor organization or organizations with which it has a collective bargaining agreement meet the goals for minority utilization to which they committed themselves in the Contra Costa Plan, or can demonstrate that every good faith effort has been made to meet the goal. In that event, no formal sanctions or proceedings leading toward sanctions shall be instituted unless the Office of Federal Contract Compliance Program determines that the contractor has violated a substantial requiremant in the Contra Costa Plan or Executive. Order 11246, as amended, and its implementing regulations, including the failure of such contractor to make a good faith effort to meet its fair share obligation if provided in the Contra Costa Plan or has engaged in unlawful discrimi- nation. Such violations shall be deemed to be noncompliance with the Equal Opportunity clause of the contract, and shall be grounds for imposition of the sanctions and penalties provided for in Executive Order 11246, as amended. 2. The OFCCP shah review Part I contractors ' employment practices during the performance of the contract. Further, O1-`CCP shall be solely responsible for any final determination that the Contra Costa Plan is no longer an acceptable affirmative action program and the conse- quences thereof. The OFCCP may, upon review and notice to the contractor and any affected labor organization, determine that the Contra Costa Plan no longer represents effective affirmative action. In the event it sha?1 be solely responsible for any final determination of that question and the consequences thereof. 3. I•:nere OFCCP finds that a contractor has failed to comply with the requirecants of tiie Contra Costa Plan cnnd its obligation under Part I of these Bid Conditions, it shall take such actio: and/or impose such sanctions as may be appropriate under the Executive Order and its regulations. When the OFCCP proceeds with such formal action it has the burden of proving that the contractor has not mat the requirements of these Bid Conditions. The failure of the contractor to comply with its obligations L-ider the Equal Opportunity clause shall shift to it the require=ent to core forward with evidence to show that it has met the good faith requirements of these Bid Conditions by instituting at least the specific affirmative action steps listed in Part II, Section 2. The contractor must also provide evidence of its steps toward the attainment of its trade's goals within the tLmetzbles set forth in the Contra Costa Plan. The pendency of such formal proceedings shall be taken into consideration by Federal agencies in determining whether 09121 E-6 1 ,��'°...."EF :;. .r,- �, xza+r _. .�.:: x-...�,.r„>_ �"`_ a .4. •.... ..z,�__ .C'a:. +i:,>y, ..._ � .�5.. „.. • such contractor can comply with the requirements of Executive Order 11246, as amended, and is therefore a "responsible prospective contractor" within the meaning of basic principles_ of Federalpro— curement law. B. Contractors Subject to Part II. In regard to Part II of these Bid Conditions, if the contractor wets the goals set forth therein or can demonstrate that it has made every good faith effort to meet these goals, the contractor shall be presuied to be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part Il of these Bid Conditions. In that event, no formal sanctions or proceedings leading toward sanctions shall be instituted unless the contracting or administering agency otherwise determines that the contractor is violating the Equal Opportunity clause. Where the agency finds that the contractor failed to comply with the require- ments of E:cecutive Order 11246, as amended, the implementing regulations and the obligations under Part It of these Bid Conditions, the agency shall take such action and impose such sanctions, which include suspension, termi- nation, cancellation, and debarment, as may be appropriate under the Executive Order and its regulations. When the agency proceeds with such formal action it has the burden of proving that the contractor has not met the goals contained in Part II of these Bid Conditions. The contractor's failure to meet its goals shall shift to it the requirement to come forward with evidence to show that it has met the good faith requirements of these Bid Conditions by instituting at least the spacific affirmative action steps listed in Part II , Section 2. The pendency of such proceedings shall be taken into consideration by Federal agencies in determining whether such contractor can comply with the requirements of Executive Order 11246, as amended, and is therefore, a "responsible prospective contractor" within the meaning of the basic principles of Federal procurement law. C. Obligations Applicable to Contractors Subject to Either Part I or Part It . It shall be no excuse that the union with which the contractor has a col- lective bargaining agreement providing for exclusive referral failed to refer minority employees. Discrimination in referral for employment, even if pursuant to provisions of a collective bargaining agreement, is prohibited by the 'National Labor Relations Act, as amended, and Title VII of the Civil Rights Act of 1964, ss 'amended. It is the policy of .the Office of Federal Contract Compliance Programs that contractors have a responsibility to provide equal employment opportunity if they wish to participate in federally involved contracts. To the extent they have delegated the responsibility for some of their employraent practices to a labor organization and, as a result, are prevented from meeting their obligations pursuant to Executive Order 11246, as amenddd, such contractors cannot be considered to be in compliance with Executive Order 11246, as amended, its implementing rules and regulations. f E-7 00122 RNRI IV General Requirements. 1. Contractors are responsible for informing their subcontractors in writing regardless of tier, as to their respective obligations under Parts I and II hereof, as applicable. Whenever a contractor sub— contracts a portion of the work in any trade covered by these Bid Conditions, it shall include these Bid Conditions in such subcontracts and each subcontractor shall be bound by these Bid Conditions to the full extent as if it Were the prime contractor. The contractor shall not, h aaever, be held accountable for the failure of its subcontractors to fulfill their 'obligatjoas rider-these Bid Conditions. Iiowever, the prime contractor shall give notice to. the Assistant Regional Admini- strator of the Office of Federal Contract Compliance Programs of the Department of Labor and to the contracting or administering agency of any refusal or failure of any subcontractor to fulfill its obligations under these Bid Conditions. A subcontractor's failure to comply will be treated in the sane manner as such failure by a prime contractor. 2. Contractors hereby agree to refrain from entering into any contract or contract modification subject to Executive Order 11246, as amended, with a contractor debarred from, or who is determined not to be a "responsible" bidder for Government contracts and federally-assisted construction contracts pursuant to the Executive Order. 3. The Contractor shall carry out such sanctions and penalties for violation of these laid Conditions and the Equal Opportunity clause including suspension., termira::ion and cancellation of existing sub— contracts and dcb.. .ent fror.. future contracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the contracting or administering agency and the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall also be deemed to be in noncompliance with these Bid Conditions and Executive Order 11246, as ascended. 4. Nothing herein is intended to relieve any contractor during the ter of its contract from ve. m co: pliance with Executive Order 11216, as and the Equal Opportunity clause of its contract with respect to matters ' not cohered in the Contra Costa Plan or in Part II of these Bid Conditions. { E-s 00123 Executive Order 11246 Executive-Order 11246 requires non-discrimination in -employment under federally assisted contracts. 'In executing this assurance, the County, cities, and non profit sponsors agree to do, among other things, the. -fol.lowing: a- Include the following equal opportunity clause in all '-federally- assisted contracts. This clause applies to administrati.v2, supervisory, professional , and clerical personnel as'well as con- struction workers. This clause also applies- to-the -employment practices of the Activity Sponsor: _ 3 "No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied l the benefits of, or be .subjected to discrimination under any program- thisactivity funded in whole or part with .funds-available- under ` this title.,. ,-- . .._ .� 1 • 3 4 4 + DIVISION E. EQUAL EMPLOYMENT OPPORTUNITY (Cont.) OMB Aooroval No. 44-Ri396 'epor_i.' rericd STANDARD FORM - 267 MONTHLY EMPLOYMENT (:forth, Year) (Aug. 1976) UTILIZATION REPORT As prescribed by the Rept. of Labor (CFCC?) (gee reverse for irstnucticrs) This report is. required by Executive Order 11246, Section 203. Failure to report can result in sanctions which include suspension, termination, cancellations or debar.nent o- contract. To: (:;ace and location of Cocpliance ,keno;) From: (Name and Iccation of contractor) Asst. Reg. Admin. for Equal Opportunity U.S. Dept. of Housing 6 Urban Development 450 Golden Gate Avenue, Box 36003 San Francisco, California 94102 1. c. 3, 4. ; 5. �. mino- Total ictal 'Work Hours of Enployaent (See footnote) Irity n=b er .uWcer u%h cf of o. Classi a. o. C. + a. . a. tF ica- _ His- er sian,, Otal total ees Cocpa-�y's Pace (i.C. ) �=ade �o to :.ack . radian --c.o s panic tsl�zndale ;r/h yes C I Ao Tr C i T- C i Ao Tr C AD Tr I i C I Ao Tr I I C Ao Tr C I Ao Tr C An T- An I T- C i t = I I I I _ all s Tind : ._e ,. Ca:e 315-ned (7e�iepncre Numzer; ca::f Cff _ Prez Code) (* *Hates & Females * ' ** Minorities S ,on-taEnorities) E- 10 Page of y x r -=:,..y•<t. '� _ :.�"t-�„c, ,;'?Lti e :.,4 �:�`... „`;,�ra.�galF.,: �':':�! .....v, . .*s ., _ .. . � ��.e t. lip ve .xF.t-ice -• , - - INSTRUCTIONS FOR FILI%C EMPLOYMENT UTILIZATION REPORT (SF-250) The Employment Utilization Report is to be completed by each subject contractor (both prime and subcontractors) and signed by a responsible cfficiaL of the company. The reports are to be filed on the day required, each month, during the term of the ccntract, and they shall include the total work-hours worked for each employee level in each designated trade for the entire reporting period. The prime contractor shall submit a report for its aggregate work force and shall collect and submit reports for each subcontractor's aggregate work force to the Federal Compliance Agency that is funding their construction project. Reporting Period . . . . . . . . . . Self-explanatory. ' Compliance Agency . . . . . . . . . U. S. Government contracting or adminis- tering agency responsible for equal employ- ment opportunity on the project. Contractor . . . . . . . . . . . . Any contractor who has a construction con- tract with the U. S. Government or applicant (See OFCCP Regs 6a-1.3) . 1. Company's :lame . . . . . . . . Any contractor or subcontractor who has a federally involved contract. 2. Trade . . . . . . . . . . . . . . Only those crafts covered under applicabLe ?ederal EEO bid conditions. 3. work-hours of E-nolcvment The total number of hours worked by all employees in each classification; the total number of hours worked by each ':,inori ty group in each classification and the total work-hours for all women. Classification. . . . . . The level of accomplishment or s=atus of the worker in the trade. (C = C:af t:co_ker - Qualified, AD = Apprentice, Tr = trainee) Percent of minority work- hours of total ::ork-hours . . . . The percentage of total minority ::ork-hours :corked of all work-hours worked. (The sum ci columns b, c, d and a divided by column a.) 5. Total Number of minority employees . . . . . . . . . . . . ;Dumber of minority empLoyees working in contractor's aggregate work force during reporting period. 6 . Total :lumber of F-roloyees `:umber of all a^alcvees .:c_king is con- tractor' s aEgre ate work force during reporting period. * Minority is defined as including Blacks, :ispan cs, :ne_ican lnyi_ns and Asian and Pacific Islanders - both men and ::cine.^.. E- 11 - j , •= :S .:.JE,a��;rT ?S;.'iT:YG Oi=:C_: !i%"-.E:- :31:53 I e DIVISION E. - EQUAL EMPLOYMENT OPPORTUNITY I . Affirmative Action. Certification. A. Contractors' Certification. A contractor will not be eligible for award of a contract under this invitation for Bids unless such contractor has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: CONTRACTORS CERTIFICATION certifies that: Contractor I. it intends to employ the following listed construction trades in its work under the contract and 2. (a) as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Contra Costa Plan, it will comply with the Contra Costa Plan on this and all future consti-action work in Contra Costa County within the scope of coverage of that Plan, those trades being: and/or (b) as to those trades for which it is req,.iired by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority manpower utilization goals and the specifics affirmative action steps contained in said Part II, on this and all future construction work in Contra Costa County subject to these Bid Conditions, those trades being: and 3. it will obtain from each of its subcontractors and submit to the con— tracting or administering agency prior to the award of any subcontract under this contract the subcontractor certification required by these Bid Conditions. (Signatu-re of authorized re presentative of contractor) 00127 E- 12 DIVISION E. EQUAL EMPLOYMENT OPPORTUNITY B. Subcontractors' Certifications.. Prior to the award of any subcontract under this Invitation for Bids, regardless of tier, the prospective subcontractor must execute and submit to the- Prime Contractor the following certification, which will be deemed a part of the resulting subcontract: SUBCONTRACTORS' CERTIFICATION certifies that: Subcontractor 1 . it intends to employ the following listed construction trades in its work under the subcontract 2. (a) as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Contra Costa Plan, it will comply with the Contra Costa Plan on this and all future construction work in Contra Costa County, subject to these Bid Conditions, those trades being: and/or (b) as to those trades for which it is required by these Bid Conditions to comply with Part 11 of these Bid Conditions, it adopts the minimum minority manpower utilization goals and the specific affirmative action steps contained in said Part 11 on this and all future construction work in Contra Costa County, subject to these Bid Conditioi-s, those trades being: and 3. it will obtain from each of its subcontractors prior to the award of any subcontract under this subcontract the subcontractor certification required by these Bid Conditions. Signature of authoeized representative of bidder E-13 00128 DIVISION F - WAGE. RATES i Minimum wage rates for this" project as predetermined by the Secretary. of Labor .are herein_ set forth.. I f _there_ is a difference between the minimum wage rates predetermined by the: Secretary of Labor and the prevailing wage rates determined by,- the-State or the County for similar classification of--1"abor , the con- tractor and his sub-contractors shall pay not - less than the higher: wage rates . See General Conditions for reporting requirements . - *`A,* ^ 00129 F-1 I R +a ;a a'- i � rra 1 £ SUPERUDEAS DZCISIO14 DECISION NO. Ct77-5019 cage 2 M< `fear STATES California couNTIEss Alameda, Alpine, Amador, Butte, Celevens, Colues, Contra Frlese Ban.Nte IP'garaals _ {M 41 Costa, Del Marta, El Dorado, tcesno, Heart +-r Glenn, Humboldt, Rt, Kings* Lake, Lassen, l seH> Ed.ea11, r, + a N i K Peasiaet Yecatsea, an4/0r Madera, Karin, Mariposa, Mendocino, fyp.Tr. %" Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumol, Sacramento, San Benita, BRICK TENDERSs San I'lanclseo, San Joaquin, San Mateo, Alpine, Amadoc, E1 Dorado, Santa Clara, Santa Crux, Shasta, Starve Nevada, Placer, Sacramento, Slakiyou, Solano, Sonata, Stanlslaus, Sierra and Yolo Counties f 9.30 f 1.00 ; 1.70 i Sutter, Tehama, Trinity, Tulare, San lrancisco and San Mateo +,r Tuolutrta, Yolo and Yuba Counties 20.00 ,63 .90 Ot~I01 NCCBllr CA77-5039 RACEe Rate at Publication Preano, Kin ■ r Medecs and Superaedea Decision No. CA76-5101 dated November 19. 1976, In 41 rR S125S Tulare Countits 9.50 .80 1,40 a DESCRIPTION or wORKt building Construction (does not Include single family CARPEUrMSt Rostra and garden type spartsents up to and including 4 atorlep), heavy and Carpenters 11,23 1.22 1.71 .75 .06 f' highway conoteuetiod and dredging. y Hardwood Floor Wyeces Power 4 Saw Operataral Saw filers! Frinse Hansiih Pal+meals Shingletal Steel Scaffold Basic Erectors and/or Steel Shoring Nearly "- EJurtttiaa ttg Raps H i• Peotleas Vacation .Aller Erectors 11.40 1.22 1.71 .73 .06 APsr.Ta Millwrights 11.75 1.22 1.71 .75 .06 Plledriverwen, bridge, wharf and dock builders 12.23 .64 1.26 .73 .04 ASBESTOS WRAERS $ 12.41 .90 { 1.17 $1.50 .06 CEMENT MASONSt - Camant Masons 10.00 1.15 1.43 1.50 .QS BOMURMAKERS 1].175 .775 1.00 .50 .02 Mastics Magnesitel All BNICKIAYERSI Stonewasonst Wrposttlon Masons 10,25 1.15 1.47 1.30 .OSu Del Hurt*, 1lumboldt, Oka, Man working from swinging or Karin, Mendocino, Naps, Ban A' lnnlsco, San Metro, 8laklyou, slip form scaffolds 10.25 , 1.15 1.43 1.50 • DRYWALL INSTALLERS 11.52 1.22 1.71 .7S Solan, Sonoma and Trinity tECCRICIANSt Q l Counties 11.02 1.40 .93 1.00 .05 ELECTRICeda County 0 Alomedr and Contra Costs Electricians 11.41 .60 10.90 .03 P1 Countlr11.95 LOS 1.05 •2B Cable Splicers 12.64 .60 10.;0 .03 tram, l Ringer Madera, Amador, Colusa, Sacramento, v,t and Merced Countlrs 10.95 .95 1.00 Sutter, Yolo, Yuba and Bututte,, Co Coluaa, EI Dorado, those poctlona of Alpine, Glenn, I.aaacn, Medoc, Nevada, E1 Dorado, Nevada, Placer is Placer, Plumas, Sacramento, and Sierra Counties west Shasta. Sierra, Sutter, of the Sierra Mountain Tehams, Y010 and Yuba Cos. 11.90 .60 1.05 .25 watershed Monterey and Santa Ccus Electricians 12.69 .95 10.95 .04S Counties11.60 1.13 1.20 Cable Spllcecse 14.16 .95 10.95 .04S San Benita andSantaClara Tunneler Counties 11.95 1.05 1.05 .02 Electricians 13.03 35 I4a:6S .04S Alpine, Awador, Celsvarasr Cable Splicers 14.32 35 I4+.93 .045 San Joaquin, Slanislaus and Tu0luwne Counties 20.65 1.00 1.00 1.00 1,t Tulare County 11.60 1.00 1.00 .07 FEDERAL REGISTER, VOL. 42, NO. 76--FRIDAY, APRIL 22, 1977 eD f+ . r . i i } jam' is I DIC12100 16. CA77-503! Page 3 OECIS1011 NO. CA77-5039 page 4 Q , � tD � .--•-•-• �_ Pdnpe GeaelNs Psyaents ...- PttA;e boneHts Psyseatb bests Gobi* ....... ..... Newly EducsUea ' Moaly gave lisp Row N 6 M Psastess Yststien snd/s, Raab N A W Paaslaos Yatotiea ondlet A+O�•711• App,,Te. eLECTRICIA)l3i (Cont'd) RLRCTRICIANBt (Cont'dl. Montetey County *:Lake Tahoe Arms Electricians i 12.50 .90 ltr,75 .06 eleotrieiens i 11.33 .67 18+,77 .08 Cable Splicers 13.81 .90 11+.75 .06 cable Splicers 14.56 .67 18+.77 .08 Napa and Solana Counties butte, alenn, Gauen, Modoo, electricians 12.07 .68 11+45 .04" Plumes* $beat&, siskiyau, Cable Splicers 11.58 .68 114.86 .04 1 Tahaaa and Trinity Counties San Banito,.8ants Clat6 and ttlactriolana' 11.96 .97 11+.705 .04 Santa CLUB Counties Cable Splicers' 13.18 .87 111+.705 .04 eleatclalans 12.80 .77 111+1.50 .05 Tunnels , Cable Splicers 14.40 .77 1141.50 AS eleatticisnal Cable Splicers' San Fcancisco County Nelpace 12.31 .87 18+.705 .04 Electrician• 13.633 1.04 11+.90 .06 f Cable splicer# 11.14 .87 111+005 .04 Cable Splicers 15.56 1.04 10.90 .06 Calaveras and San Joaquin San Mateo County* Counties Eieatcieians 11.17 .12 11+.80 .03 ' .Rlactcioiansi Technicians 12.15 .92 1%+1.25 .01 ELEVATOR CONSTRUCTORS 11.49 .545 .35 3trs .02 : cable Splicers 13.67 .92 18+1.25 ,01. ELEVA70R CONSTRUCTORS' HELPERS 704JR .545 .35 3146 .02 Contra Costs County ELEVATOR CONSTRUCTORS' HELEPRS j electricians . ' 13,45 .70 11141.00 (PROS.) SQIJR Cable Splicers 14.15 .70 lt41.00 OLAEIN:RSC Dal Matto and eumboldt Counties Alameda, Contra Costs, Lake, electricians 10.25 .55 14+1.75 .04 Matin, M*ndocino, (Southern Cables hoots 1 11.07 .55 14#1.75 .Q4 halt of County from North of .Z' Yemen*. Ifings, Madera and It. Sra99)• Monterey, Haps, 0 Tulare Counties An Benito, San Francisco, Bleats Went 12.26 .75 184.95 .05 San Mateo, Santa C1#rA, Santa , f1 Cable Splicers • 11.26 .75 W.95 .05C{us. Solan, 16.11. from cast r Lake, Macin. Mendocino and a P#irf!#ldi and Sonoma in Sonoma County Counties 11.21 .92 1.15 .02 11tettielans 12.65 .12 19+.30 .02 CAbIs Splicers 13.91 .42 18+.30 .02 i Mariposa, Merced, Staslalaus , and Tuolumne Counties 'Slsatticluia . 9.83 .62 it It Cabs Splicers 10.11 .62 1t 1% p..r FEDERAL REGIS>ER, VOL. 42, 140, 78--FRIDAY, APRIL 22, 1977 �, . .•• 11WISION NO. CAII-Sol! Page 3 OCCISION NO. CA77-5034 Page s !ells Have SeweStt Palma■#$ Asa !Bele Fetal*Ils"410 P*rae*fs N•wir �- fic•Ne* Mostlyfloret!** asset ILA 9 rootless votes$** *r 7t. Noses IL L tl Psotl**t nacelle* sei/•, Aya 7t. .a L.ATHERSt (Cont'd) OtAlIteRSt (Cont'd) Monterey and Santa Crus Alvin*, Amador, Butte, Countlee 0 11.30 468 .55 .01 ' averas, el burado, San reancisco and A of i Nd[lposa, Merced, (North San Mateo County 13.07 .66 2.00 .02 ot,olty of Livingston), San Sanito and Santa Clacs Medoc, Nevada, Plecoc, Counties 10.11 .73 .75 Sacramento, San Joaquin, rresno, sings, Nader& and i i i Shasta, Sierra, SlakLyou, Tulare Counties 12.03 .35 .45 1 Stanlalaue, Sutter, Tehsu&, Matipose, Merced, S WAslaus Tuolumne, Yolo and Yuba and Tuolumne Counties 10.73 .01 Countiee It 10.415 .41 f 1.20 Aaedor, el Dorado, Saecosento rreano, Rings. Madera and and Yclo Counties 6.40 s40 1.00 Tulare Counties and the Southern halt of San Mateo cesAining portions of County 10.03 .32 1.00 "*read County 1.00 .81 1.04 .805 .03 LIN*CONSTRDCTIONt lran�ee ereCtO[a 10.11 1.14 1.86 1.20 .01 RKLUSS Contra Co&t& County P , ronceIt*tntclop 11.30 1.14 1.66 1.20 .04 Line Groundmon 10.0873 , .70 14+1.00 Ornamentol4 Structural 11.30 1.14 1.86 1.20 .04 Lineman 11.45 Operators 1111450 .70 1 70 41.00 LATtttast Cable Splicers 14.95 .70 14+1,00 Alameda and Contra Costa Dal Norte, Mldoc and Sitklyou 1 Z Counties 14.16 1.09 1.26 .02S Butte. Colusa, Glenn, Counties i0 Humboldt. Lake (thatTree ttlasslr helpet) Lake, , Ocoundnsn 8.18 .IS 18 portion of County from Seed Gtoundwen" Headground- 11.10 1/24 Lakeport up to County Lia*) Gan (Chippet)I Powdatran) Nevada. Plaesc, Plumao. Jaekhaamstmn 8.69 .43 it .10 1/24 Shoats, 3tarta, Trhaes, Line rquipa,ent "*n 9.95 .4$ 11 .10 1/24 and Ttinity Counties 11.00 .66 .30 .01 Lineman paleepcayer" Reavy Calaveras and San Joaquin I LlM Lquips.tnt Man) ' Ccuntie& 10.55 .68 .S3 .Ol Certified Linewanl Welder 11.34 .4S 11 .10 1/24 Lake MOIL City of Lakeport Tree Winner 10.42 .45 is .10 1/26 down to County Line), Matin, Cable Splicer" Loadsan) 1 Mendocino and Sonoma Counties 1.01 .67 .85 '1.00 1/60 Pale Sprayer MIS .45 14 .10 1/2& • T 1 aaaals t FEDERAL REGISTER, VOL. 42, NO. 70-411DAY, APRIL 72, 1977 W • I i f t� �f. i DICIIION Na. CA77.5039 Pape 1 i' ' frinp 1•n•iti•P•rw•nu b••!c frin/•B•n•h#c Pgm•nl• 1ul• {'r H•ariY w- Uatoll•aHevrlr bduc•l!•n Rm• H f.M Pa••1•ns Yecollea and/ofR•b• H 6 M P•nll•a• vcs[1•n •n4lor Appt.Tt. App,.Tr. LINE CONSULCTION, iCont'd) LINE CONBTRUCTIONt 1Cont'di rr1an0, Rings, Madera and Humboldt County Were, Countiss aroundmoni 3.20 .55 11+1.76 acoundmen 1 11.44 .7% 10.95 .05 Linemen 10.25 .SS 101.75 Linaman# Lina Squipeent Cable splicers 11.07 .SS 11*1.75 Y Operators 12.26 .7% 1t+.9$ .05 man reanoisco County Cable,Aplicate 13.26 .75 1%+.9S .05 1 acoundmsn 11.76 1.01 11+.90 .06 Mtatlpos«r Meccad 8tanialaus Lineman# Technicians 13.633 1.04 11+.90 .06 � and Tuolumne Counties Cable Splicers 15,56 1.01 11+,90 .06 f. Linemen 9.83 .62 it it Dan Bonita, Santa Clare# Cable splicers 10.81 .62 11 1t and,Banti Ctua Counties Monterey County Grcundmon 10.90 .87 l%+1.50 .05 . _ Linoman# Lina Wui mentOcoundmen 9.42 .95 11+1.45 .01 Linasynt Technicians 12.56 .95 11+1.45 .01 Operators 12.70 .87 11+1.50 .05 . ' Cable Splicers 13.88 .95 101.13 .01 Cable splicers 14.29 .17 101.50 .05 Map« and Solana Counties { MARBLE OE'f9'ERB 10.19 1.40 .93 1.03 r" Linen 11.82 .61 1%+.IS .04 PAINTrNsr Cable splicers 13.30 .46 It+.85 .04 Alpine, Amadbc, Calaveras ` butts, alarm, Leeson, 93uA46# and San Joaquin Counties r Shasta, Tehaea and Trinity brush 8.92 .70 2.34 1.11 Eproyl Sheatcoek Tapect Counties i' acoundsan 9.51 .87 11+.705 .02 swing stags# so«ttold# j Linesent 9quipeent Operator• 11.99 .17 1%+.705 .02 sandblaster structural it Cable Splicers 13.16 .87 10.705 .02 Steel 9.32 .70 2.34 1.11 Alameda County rctano, Ring$# Midst& and atoundssn , 6.56 .70 11+.50 .03 Tulare Counties Lineman 11.41 .70 l%+.SO .03 Brushl Tapscs 11.12 .41 .20 Line Yquipment Operators 10.27 .70 10.50 .03 Spray# structural steel 11.37 .41 .20 Amador, Colues, lactaaanto, HAriposa, Merced, stanislaus Sutter, Volo, Yuba and those and Tuolumne Counties portions of Alpint, 11 Dotado, brush 9.60 .70 .45 075 .02 Nevada, Placer and Slatre swing Stags# Paptchsngetel 'A. Counties Nast of the Main r basun Chairl Steam Cleaning# Sierra Mountain Natotahod Nater Bleating 9.65 .70 .45 .75 .02 , Gcoundmon 6.97 .73 1%+.75 .045 Spcoyl Sandblasting 10.10 .70 .45 .75 ..02 .Lineman 11.21 .73 it+.75 .045 Cable Splicers 12.33 .7.3 11+.75 .045 � 4 f � • iM a� 1 • 1 t FEDERAL REGISTER, VOt. 42, 140. 78--FRIDAY, APRIL 22, 1977 ` .. Yoga is • iitx 181Gt1 TtD. CA'!'t-5039 �: { , Page 9 { p17C151O11 /1 M. CAII-5039 DECISION 00. CAt7-5034 Page 9 DECISION NO. CA77-5039 Pegs 10 + 1*SIc 1`111199 lenelilr PeYMrnts Bests Fria"U%4ls Poroonts Herds £ircellen Herds £LceNn Relcs H t K Pen&I64& Ytceliea end/as Rets& H t Is" Patiass Ysretiss 1124/11$ App1.Ti. TO PAI 11TERSr iCont'dl 1 PAINTERSt tCont'd1 •� Monterey, San Benito, San Alameda, Contra Costa, E1 Mateo, Santa Clot& and Dorado, Napa, Nevada, Santa Ctuc Counties Place$, Sacramento, Sierra, ,,(excluding portions of Selene and Yolo Counties ,Counties in the Lake Tahoe t {excluding portion*of + ,"Area) Counties in the Lake Tahoe .,esush i 11.22 .93 i 1.30 .00 .03 Area) '"$pray 11.47 .99 1.30 .10 .03 Scush i 11.12 .99 i 1.30 .40 .03 Tapers 11.77 .99 1.30 .00 .03 Spray 11.37 .99 1.30 .40 . . .03 Lake Tahoe Area Tapets 11.92 .» 1.30 .10 .03 crush 10.95 .70 .75 Del Norte and Humbgldt Counties + Spesy$ Structural Steel$ Tapers 11.20 .70 .7S Brush 1.55 .50 .20 .10 Lake, Karin, Mendocino, San Sprays Sandbisaterat Structural Prenciazo and Sonoao Cos. Steels Svfng,Stagas Tapers; brush 10.77 .99 1.10 .10 .03• Paperhangers 1.10 .50 .20 .13 eptsy 11.02 .99 1.10 .10 .03 Parking Iat Striping tkrrk and/or Tapers 11.72 .99 1.10 .10 .03 Highway Marksrse Mutts, Coluea, Glenn, tauen, Fresno, Hing* and Tulare Countis i + s , 10x014411rq the ostreev at Traffic Delineating Doyle* ' $Hansel. "W100, ►toass, Applicator 1.17 1 .SO .35 b t Shoats, tistlyen, •utiet, Wheal Stop Installers Traffic '10116%60 Toasty and Yuba Surface Sandblastect.Stripet 1.41 .30 .35 b it+unties Helper (wheel stop inatallec, Slosh$ Pat vorA91e1 Pullets 1.75 .40 t .40 traffic surface sandbleatee, 0 aptayl sal.dblaetott otrvctucal striper) 1.43 .50 .35 b t Steele lstlp /t*foe Taut* 9.25 .40 .40 Shitty 5*01 t7petationt tas*an tbunty ithst potttlnl the Kiser Operator 1.44 .50 .35 b 4�ta alas lastwatd of tsry. 1395. Squeegee Man 7.40 .S0 .35 b tbtthrald to and Including Applicator Operator' 4.13 .50 .35 b fkO*y lAksl Shuttles an 6.45 .50 .IS b Mush 10.115 .70 .75 1 Top Mon S.13 .110 .35 b Spray$ structural Staalt Remaining Counties Topers 11.20 .70 .15 Traffic delineating Device Applicators Wheal Stop Inatalleri Traffic Surface Sandblaster 1.17 .50 .35 b Helpst ltraffic delineating , device applicator, wheal stop installer, traffic suctoca sandblasted 7.72 .50 435 b Striper 0.17 .50 .35 b Helper Istriparl 4.22 .Sa .13 b tart► � Ism" . Q \lraed FEDERAL REGISTER, VOL. 42, NO. 70--FRIDAY, APRIL 22, 1477 we& DECISION 00. CA77-50]9rs9e 11 DECISION NO. CA77-5039 Page 12 O to s r to Fringe Benefits Payments 1 Friseo 6onaNtt paia,ents I 8oa(c --w sasia Naurly Education Hourly E4106606a Rates H s M Pensions Yotallan on4far Rous H F X PoaHaas Vacation an4tor Appr.7r. ! Ap►+.Tr. 1/1IMT9111S4 (Cent'd)` PLASTERERSr TENDERS* (Cont'it) Alucry Deal Opstatlans ,, Alpine, Model, al Dorado, ' Mixer Operator 6.67 .50 .35 b Nevada, fiscal, Baecamento, rn squats** Man 8.37 .50 .35 b Siarta and Yolo Counties i 7.455 .455 S 1.40 .80 Applicator Operator 7.72 1 .50 .35 b t Calaveras and San Joaquin sbuttleean . #.#5 .SO .3S b Counties 9.43 .80 1.40 .90 Top Man 6.22 .50 .35 b MaM n County 8.32 .80 1,40 .90 PLASTERERSsMonterey County 9.15 1.00 1.70 .90 •Alameda and Contin costa t' ) Ban Bonito, Banta Clara and r Counties 10.10 .745 1.05 N r03 Santa Ccul Count%*$ 11.00 ,70 1.40 Butts. Colues, Glenn, Lasa*n PLUMBERSt 118outheast*tn halt of Lassen Alameda Bounty 13.19 1,25 2.29 .12 County), plus&%, Sutter Contra Costa county 11.87 1.25 2.29 .20 Duttat, and Yuba Counties 9.79 .56 1.00 Dal Norte and Humboldt Counties 11.33 .71 1.12 .05 Monterey County 10.60 .71 .35 .OL PLWIERSM Steamfittarst Yroono. Rings, Models and Amadot (Northern halt of Tulac* Counties 9.24 .90 1.30 L.111 County}, Sacramento, Yale, A3pint. header, butte,,Calavatas E1 Dorado, Nuvade, Placat and States Counties (*Koluding Colusa, 3(1 Dorado, Gianni ' Lake Tahoe Area) 13.33 1.14 1.60 .14 Lasa* (Sacra ento, n Joaquin � Lake Tahoe Area 10.99 .58 .60 1.95 ,10 r" Plumes Sacramento, Dan Joaquin lsc Marin, Mendocino. San reanco a • sierra. Butter, Yolu and Yuba eZ. Counties 11.53 .71 1.50 .01 and Sonoma Counties 11.75 1.905 1.50 1.17 .15 0 .y San r1sinclects County 1 .7ban Bentto and Santa Clete .90 1.90 .03 counties 14.20 .90 1.65 .14 Dan Mateo County 77.712 .48 .90 1.50 ,025 San Mateo County 11.74 1.05 1.85 1.20 .25 hall). Marin, •t M Dal Molt*. NuabLessee San Assador fSouthurn (Wrthswstacp a1f3 , Mo,4oce Napa, Shelter portion of County), Butte, Sisklytatt. Solaro. Sonoaa, Calaveras, Colusa, Fresno, Tahave and Trinity Counties 11.95 .98 .50 1.25 .01 Glenn, ](111911, Lassen, M4deta, 14acip044. Merced, 6tanlslsus Mariposa, Hsiced, Medoc, and Tu4lussne counties 9.05 .90 1.55 1.20 Monterey. piumas, San Joaquin, ! Pz, Shasta. Steel&, Alameda a' Cantles Banta Stakiyout, Dtanialaus, Sutter. Alameda and Contra Dost* Tehama, Trinity, Tulare, Counties 8.67 .60 1.10 Tuolumne and Yuba Counties 12.60 1.39 2.00 .10 PCountict, sing• and Hadaca Lake, Napa and Solana Counties 13.31 13 2.29 .16 � Counties � 11.10 .60 1.40 j p �' t FEDERAL REGISTER, VOL. 42, NO. 78 -FRIDAY. APRIL 22, 1977 INCISION W. CA77-5019 Page 11 DECISION NO. CA77-5039 Ps9e 12 0 to s F11024 San01Ns p0�manb Fslsse Baasilis Por.ents ( Berle + Base Newly Educallen "*ugly �- E4uuHan Rates N t M Pensions Vocation ocdhe Rates M A M footstools Vocaliss 6114101 Appe.To. ! Aape.Th NUN?6RBi (Cont'd)` PLASTERERS' TEHDERSs (Cont'd)i "Sluccy Seel Opetattons , Alpine, Madoc, 81 Dorado, Mixer Operator 8.87 .50 .35 b Nevada, Placer, Sacramento, 8quaagor Nan 8.37 .50 .15 b Sierra and Volo Counties 8 7.455 .455 t) 1.40 .80 Applicator Operator 7.72 0 .30 .35 to ' Calaveras and San Joaquin Shuttlosan 6.65 .SO .35 b Counties 9.43 .90 1.40 .90 'lop Nan 6.22 .50 .35 to Malin County ' 6.32 .80 1.40 .90 P"STENERSt I Mont San terey County u8anta Clara and CountsSanta Crux Counties 11.80 .70 1.40 9.15 1.00 1.70 .90 r and Contra Coats + Counties 10.10 .745 3.45 � 103 pLUM4£NSs - Buttes Colusa, 4lann, Lassen j (Southeastsclt halt of Lassen Alameda Founty 13.19 1.25 2.29 .12 Countylt Pluses, Slecra, Contra Costal County 11.67 1.25 2.29 .20 Butter, and Yuba Counties 8.79 .56 1.00 Dol Norts and Ilumbaldt Counties 11.33 .71 1.12 .05 Monterey County 14.60 .71 .35 .01 PUPWERSi Staamlltteras Trestles lings, Madera and Mader (Northern hal[ of Tulare Counties 9.24 .90 1.90 1.11 County), Sacramento, Yalu, Alpine, Assador, Sutte,.Calavacas E1 Dorado, Nevada, Placer Ooluss, 11 Dorado, Glenn. and Sierra Counties {exoluding Lawn IS"), Moved*, Placac, Lake Tahoe Acca) _ 13.33 1.14 1.60 .14 }" Plussan, Sscrasento, Ban Joaquin Lake Tahoe Area 10.99 .58 .60 1.95 .10 e Bietra. Butte[, yolo end Yuba Marin, Mendocino, San Francisco Zs + Counties 11.59 .71 1.50 .01 and Sonoma Counties 11.75 1.905 1.50 1.17 .15 0 Ban Pranclaco County 11.78 .90 1.90 .03 Ban Benito and Santa Class Counties 14.20 .90 1.65 .11 Ilan Mateo County 7,12 ./8 .90 1.50 .025 San Mateo County 11.74 1.05 1.85 1.20 .25 M ,.. Del Norte, orphalAlumboLdt) tasaen Alpine, Assadoc (Southern ' ilbrthsrestarp hal!). rlarin, •s P Makws Map&, Shalta, portion of County). butte, Sisklyuu, Solana, Banco&, Calaveras, Colusa, Fresno, Tehaas and Trinity Counties 1.95 .98 .50 L.25 .01 Glenn. Rings, Lassen, Madera, ,Ma[lpoaa, Merced, Stanislaus Marlposa, Merced, Modoc, and Tuolumne Counties 9.05 .94 1.55 1.20 Monterey, Fluoass San Joaquin, PLASTPJXSI TENDMWI Santa Ccut, Shasta, Slerca, Alameda and Contra Costa Siskiyou, Stanialaus, Sutter, Counties 8.87 .60 1.10 Tehama, Trinity, Tulare, Fresno, Sings and Nadsca Tuolume, and Yuba Counties 12.60 1.39 2.00 .10 Counties + 9.80 .80 1.40 Lake, Napa and Solana Counties 13.31 x.13 2.29 .16 r ' • 1 . • FEDERAL REGISTER, VOL. 42, NO. 74-FRIDAY, APRIL 22, 1977 • i DECISION NO. CA77-5039 Page 13 DECISION NO. CA71-5039 Psge 14 , fdaea aaxthis PaY•.•ata 4"ta --- !•sit fdrq•/awitti Permeate Hwrlr fd•ty4t•x ; Rau. H R M rwal•ea vat•N•x opt/a, Hwdy E/aaiin Arps.1r. Rai-a N 4.W re a.,sa vaoti•* aad/er AMr.Tr. POOPER9t ROOPCRSI (Cont'd) Alameda and Contra Costa Counties Amadoc, Sacramento and Yolo RooQt4 S 10.94 ; 1.17 / 1.10 .60 .04 Counties Mitsuo Workers# aettlemen poorer• (alste, tilt and W nettles w/o pumps) 11.19 1.17 1.10 .60 .04 cospotition) IF 10.11 $ 1.04 It 1.10 $1.00 .07 bitU14stiet Enoseletst Pipe- !mauler and Pitch 11.11 1.04 1.10 1.00 .07 wcapperst Coal Tar built up 11.94 1.17 1.10 .40 .04 San Bonito and Santa Clara AipiYt4i, Calaveras, Haripoma, Counties Nereid, San Joaquin, Stanlslaus pootatel Retie (1 kettle) 10.10 .65 1.14 land Tuolumne Counties outer METAL WORXZRS1 t Rooters (State, the Alameda. Contra Coata, Hap& ' r composition and built up) 11.29 .90 . .67 and Solano Counties 11.25 .66 1.95 124, .04 , Pelt machine operates • 11.44 .14 .47 Alpins, Calaveras and ..' butte. Colu&a. E1 Dorado, San Joaquin Counties 11.77 .66 1.40 .02 y Glenn, Lamson. Nodoc, Placat, t Asadoc, butte, Coluaa. pluses. Shasta, darts, SI Dorado. Glenn, Lamson, Stokiyou, putter, Tobome, Nevada, Place(. Plumed. Trinity and Yuba Counties t Sacramento. $bast*, Stotts, ! ) Roofers 11.69 .95 .40 Suttee, Talus". Vola and {_ plaann, Rings. Madeta and Yuba Counties 11.09 .66 3.44 Tv.late co.Iattoo Hatipoms, Merced, stanialaus r mbot•ra _11.35 .60 .40 and Tuolutsle countise 11;14 .40 1.10 take. Ha()n, Mandocinn, Neva, Monterey, Asn Benito, Santa 0olatwn end Sonoma 0ountles Clara and Santa Crus Counties 11.1,1 34+.44 1.069 1.11S , %wrote 10.13 .13 1.20 1,65 .04 Del !bete, Sumboldt, Lake, � mastic laltkarst Rottl•men Hari". Mendocino, San 4A l () kettles w/o (nope) 10.35 .45 1.20 1.61 .04 reancisco, Bono" and 0ituaaeticl %naselorof pipe- Trinity Counter 12.50 .44 1.74 .12 t vrelgatal GMI tar Pitch 11.13 .4S 1.10 1.41 .04 Dan Mateo County 12.62 .66 1.41 .12 { Del Nutty and Humboldt Modoe and Siskiyou Counties .10.245 .32 .24 .01S Counties ►reano, Rings, Madera and ' pantyta 10.12 .40 .75 .35 Tulare Counties 11.70 .66 1.22 .09 Monterey and Santa Crus i I Counties i Pootere 10.75 .90 1.15 i San Francisco and ban Mateo ` Counties Roofers 10.93 .60 1.15 1.10 .04 Mastic Wutkets end Rettltsan ' (2 kettles) without pumps 11.15 .60 1.15 1.10 .04 altumasticl tnamolar at Pipewtappetel Coal tar 11.43 .60 1.15 1.10 .04 atlYsa ' FEDERAL REGISTER. VOL. 42, NO. 74-FRIDAY, APRIL 22, 1977 ' r ; ' 1 ' r DDCLSIDY No., CA77-5039 Page 15 DECISION NO. CA17-5039 f Page 16 lv tis Cr • i 1� Friale SeneHss Payrenls Basic Fdnse bonelhs Payments Salic l Har,ly Edacallon Handy EdeceNoa Rstes N 6 M Pendeas Yacaslan and/or RaW N 1 V Paasisns Yacatlan ondlar APP,.It. 1 APP,.7r. . TERRAZZO HORKMS s SOlT FLOOR LAYMr Alameda, Contra Coate, Dal Alpins,.Amadoc, butts, l Hotta, Humboldt, Lake, CAJAveras; Coluss, 81 Dorado, Karin, Mendocino, Napa, '01lan, Lassen (excluding 9 rrancieco, San Hateo, .Laney lake Area), Mscctd Siskiyou, Solana, Sonoma jWt at San Joaquin River). and Trinity Counties ¢ 11,02 $ 1.14 .93 $1.00 Plueas, Ban Joaquin, Shasta, Buttar CGIUsa, H1 Dorado, 84deaaenta, Stanislaus,• I Glenn, Lassen, Modoc, Butter, Tehama, Trinity. ! s Nevada, Placer, Piumass Tuolumne..Tolo and Yuba Sacramento, Shasta, Sleet*, Counties and those portions Sutter, Tenses, Yolo and of 111 Dorado, Nevado, Placer Yuba Counties 11.80 .80 .90 .25 i Arid Slorta Counties (excluding TILB SET'ttERSs Lake Taboo Area) $ 10.23 .79 $ 1.25 $1.00 .10 Alameda, Butts, Colusa, Noway Lake Ares and lake Contra Costa, Del torte, I Tetras Ate 10.05 .70 ,20 El Dorado, Glenn, Huaboldt, Alameda, Contra Costa, Lake, take. Lassen, Abrin, , Karin. Mendocino, Merced, Mendocino, Modoc, Napa, wAstatey. Napa, San Bonito, Nevada, Placer, Plumas, San Francisco, San Mateo, Sacramento, San Benito, Santa Claim. Santa Crus, San Francisco, San Mateo, Solana and Sonoma Counties 11.30 .60 1.00 c .10 Santa Clara, Shasta, Sierra, SPRINKLER FITTERS; Slaklyou, Solana, Sonoma, Z Alameda. Contra Coat&, Matin, Butter, Tehama, Trinity, 0 Napa, San rrancisco, Ban Yolo and Yuba Counties 12.00 .98 1.20 1.40 .095 w tea, Mateo Santa Clara} Solaro ry , Alpine, Amador, Glavesas, AM Sonoma Counties 15.61 .60 .90 .09 San Joaquin, Stanislaus and N Semainissa Contras 14.62 .60 .90 .08 Tuolumne Counties 20.27 .55 .30 1.00 SrBANFirmuss I Presno, Kings, Madera, Alameda and Contra Costa Hatiposa, Merced and Tulare Counties 13.30 1.25 2.29 .165 1 Counties 9.80 1.00 '.50 Del Hotta aryd Huaboldt • Monterey and Santa Crux Counties 11.64 ' .61 1.12 .05 Counties 11.99 1.01 .93 1 , 1 ' .error'.s •1. , , I ' 1 l FEDERAL REGISTER, VOL. 42, NO. 78--FRIDAY, APRIL 22, 1977 loop Page 18 DECISION 110. CA77-5030 Peg* 17 DECISION NO. CA77-5434 tags, IS PAID HOLIOAYS_t ' Swle 1`d•W»taaaRWta fetweats , A-New Year's Dayl H-Aemotial Dayl C-Independence ayI Mw+RT #4aceisaa D-Labot Dayl t-Thanksgiving Dayl P-Chriettus Day, Islas M t M 1'.aatnc �Yarstiaa uwi.I t.A80RER8 A/►rIt. tOOTHMM v&CNtrnployac contributes 44 of basic hourly cote tot over S years' Group 1 / 1.295 $ 1.60 1 1.70 1,..94 1x.10 "'service. and 21 of basic hourly rate for 6 months to S years Group Its) 1,52 1.00 1.70 .90 .10 '--$m s Vacation Pay Credit. Six Paid Hblldaysl• A through IN Group l(b) 1.795 1.00 1,70 .90 .10 Ocoup lto) 1.345 1.00 1.70 .90 , .10 b`:>taployec contcibutea $.12 per tout taSollday Pond plus $.13 " Group ltd) 8.245 1.00 1.70 •.90 ..`,,10 -pet hour to Vacation Pund toe the first year at employment) Group 1(e1 1.115 1.00 1.70 .!0 "..10 1 year but lase than S years $.33 pat tour to Vacation Pundl Group 1(t) 1.495 1.00 1.70 .90 't(110 S years but less than 10 laser 6.13 pec hour to Vacation tulvlt Group 2 1.145 1.00 •1.70 .00 •.10 . over 10 lasts 1.53 pat bout to Vacation Lund. Group M.O4S 1.08 170 .90 .10 .r , a. toployat contributes $.90 pat tour for the first kLvs years of employments Atter five year& $1.05 pat hour to Vacation and Holiday benefits. LADOR'E" (Cunnite) ! Group It 8.75S 1.00 1.70 .90 .10 ' Group 21 8.165 1.00 1.70 .00 .10 Group 3r S.OIS ,1.00 1.70 .90 .10 tABORM 4 (Tuinal and Shaft Wlork) r Group 1 0.865 1.00 1.70 .90 .30 M Group 2 9.553 1.00 1.70 .90 .10, Group 3 9.375 1:00 1.70 .00 .LO Group 4 9.255 1.00 1 1.70 ,.90 '•.10 �I1 LAbottM ` (Wracking Work) Group 1 1.205 1.00 1.70 .9o. .10 } Group 28.145 1.00 1.70 .90 .10 Croup 3" 8.045 1.00 1.10 .90 %.IO FEDERAL REGISTER, VOL. 42, NO. 78--FRIDAY, APRIL lir 1977 t g" Ta ;i l;S�y, iv 1 16 - DECISION ND. CA77-5039 Page 19 Page 20 tJ DECISION ND. CA77-5039 C e3 i.: LABORERS GADORM (Cont'd) p a. Group It Asphalt Ironer* and Raketst Barka, wackor and similar Group 1(d)'t Repair Trackmen and road buds (cut and cover work type temporal Buggymobilet Chainsav, faller, logioader and of subway after the temporary covet has been placed) zn bucker; Compactors at all types! Concrete and magnesite mixer 1/2 yard and underl Concrete pan works Concrete saws Concrete Group 14.1+ Laborers an general construction work an at in j. sanders Cribber and/Or shoring! Cut granite curb setterl Porn bell hole,footings and shalt �t taisera; Slip formal Green cuttere, Headerboat'daen, Hubsetters, a Aligners; Jackhammer operstarat Jacking of pipe over 12 inchass , Group l(f)x Contra Coots County Onlyt Pipslayars, Caulkers, *:z Jackson and similar type Compactorel Rattlemen, Potmen and men Bander#, Pipawrappers, Conduit Layers and Plastic pipelayerst applying asphalt, lay-;told, creosote, It", caustic and similar Pressure Pipe Testar, no joint pipe and stripptng or same, type matotiales Lagging, shooting, whaling, breaking, trench- including repair of voids, Precast Manhole Setters, Cast In ;. Es�c��ing, hand-guided lagginghasaecs Magnesite, opoxytesin, place, Manhole form matters Libl'Irglaoa, and mastic workers twat at dry)# Pavement breakers a smd•,spoders. Including tool grindart Pipslayers, caulkers, bandets, Group 21 Asphalt Shovelocsl Cement dumper@ and handling dty cement pipswroppecs, conduit Iayers, Plastic pipelayerst Post hole or gypouml Choke-setter and Rigger (clearing work); Concrete dlpors - sit, gas and oltetcicl Power broom sweepersi Power Ducker Dumper and Chutemant Concrete Chipping and Grindings r. !abler• at all types (except as shown in Group 2)1 Ran met gun Concrete Labdrers (wet oc dryll Oclllot's Helped Chuck Tendert ° Nortleman, adduotorsl Hydraulic honitor (over 100 lbs )•� olid stud guns Rlpcsp-stanepawr and rock-slings[, Including placing Y prsesucsyi at sacked concrete anQ/or and (vet or dty)t Rotary scarifier, Loading and unloading, carrying and handling of all rods and { multiple head concrete chipper# Davis trencher - 300 or similar 1 Mtaclals for use in reinforcing concrete constructiant Pittsburgh ; type (and all small trenchers)# Into and Ditch wltchs Roto- Chipper, pnd similar type Brush Shredders/ 8lopori Singlofoot, tliiery Sandblaster[, Potaan, Gunman, Noxaleauns Signalling and hand hold, pneumatic tampott All pneumatic, air, gas, and electric Riggingt Tank Cleaners/ Tree climbers# Vibta-screed - Bull float tools; looking of pipe under 12 inches In connection with laboceta' work! Vibtatocal Dri-pale-It machinel High pressures blow pipe (Ill" at *vet, 100 Its. ptesauce or ovot)t Group 3t Aid cleanup wock'ot debris, grounds and buildings lncluding but not limited•to street cloanoral Cleaning and washing wlndowsl Hydro liaedox and similar Leper Laser beam iri connection with � •:. labotare' work Construction laborers Including brldge and general laborecsl Dumpman, load spotter/ fire Natchert Street Cleanecst Gatdansts, Group 1;a)s Joy Drill, iiod�l 2WM-2At GtdensrModel dal 113 Horticultural and landscape laborecal Jottings Umbers# Brush and stmilar type drills! 'track driller•; Jack log dtiliera# Loaders! Pilots, malhtananco landscape laborers an new construction; piamu+v! drlllarol Nagoh dtilietsi Mechanical drillers - all Maintenance, Repair Trsckmon and load badat Streetcar and Railroad types teyardleso of type or method of powers Multiple unit construction Track Laboretsi Temporary air and water ilnes,'Vlotaulic driipal slastocm and Powdermaa# All work of loading, placing or s!nllart Tool coon attendasici Panna Erectors! Guardrail Erectors# m and blasting of all powder and explosives of whatevoc type to- a Pavement Hackers (button setters) gradio** of method used for such loading and placings High f acalace (including drilling of same)l Tzes tappers Bit gctndsr ) +� ' tJWOtiEpB • 'Crimp 1041 .',$sewer Cleaners (Gunn Re) t 1 Group It Hossleman (including Gunman, Potman)l Rodmans Gcoundman Group hest butning and Welding Group 2t Ra oundman Gcoup 31 General Laborers . t t FEDERAL REGISTER, VOL. 42, NO. 78—FRIDAY, APRIL 22, 1477 x 'F r4 s F rS"; DECISID?1 110. CA77-5039 Pay 21 DECISION No. CA77-5039 Page 22 IdBORIMS , (Tunnel and Shaft Work) Group It Diamond Drillers Groundmans Gunite or Shotcrete Mottle- went Rodnent Shaft Work and fraise (below actual or excavated POWER LQUIP"M OPERATORSr Nasdy EtrnNes ground level) DREDGING R•Na N X R Pessisaa varettee watt r wd8GIEOULE I AMr.Tr. Group 21 bit Grinders Blaster# Drillers, Poersen-headingi Cherry CLAN.9NELt. AND DIPPER DAEDGIOG , Picketmen - where car Is llftedl concrete finisher in Tunnals Con- (New Construction) creta Scrsed mans Grout Pumpman and Potmanj Gunitt and Shotcrete Gunmen and Potaens Headermen) High Pressure Hosslamant Miners group It Tunnel, Including top and bottom man on shaft and rates works eargemant Deckhandl Piremant `.,,KQpper Nottleman on slick line, Sandblaster-potman (work assign- oiler _..went Interchangeable) Steal tar* Raisers and Setters] Timbetman, Area 1 $0.29 4 1,07* 41 1.10 .60 .14 -4timberman - woad or steel or substitute materials thateforel Ares 2 0.13 3.x07* '1.70 .AO ,14 -Alugget Area 3 9.61 1.070 1.70 .60 .14 Area t 9.69 1.0716 1.70 .60 .14 Geoup 3s Cab)atendert Chucktendorl Powdarman-pt lost house) Vibrator- _:.men, Pavement Breakers Group 21 s Deck Englnserst Deck Mate Group !s Bull Gang - Mockers,•TrackmenW Concrete Crew- Includes Area 1 9.91 1.0716 1.70 . ;60 .14 rodding and spreading) Dumpaon (any method)I Grout Crew) Rs- Area 2 . 10.76 1.076 1.76 .00 .16 boundernt Sweapet Area 3 11.03 1.076 1.70 .60 .14 Area 6 11.31 1.07* 1.70. .60 .14 IABORcts aro_ uE 3� 1 (Wracking Nark) " Melded Wchanic N&ldsrl Watcb ,Engineer Group Is Skilled Wrecker (raanving and salvaging of sash, windows, Area 1 10.31 1.07* 1.70 .00 .11 doote, ptUabing and electric fixtures Ate& 2 11.19 1.476 3 I.q0 .60 .14 l4 tz As::Group 21 Sul»skilled Wrecker (ss:aaging of gehst building artet!&la! ArArea t ) 11.13 1.076 1 6 .60 . 11.73. 1.0741 1.741 .60 .14 Group 30 General Laborer (includes all cleanup work, lo&dinge Group is A lumber. loading and burning of debtle) Clamshell Operator (up to k J JAn and including 1 cu. yds. ■.r.C.)(L)ng Room Pay) Area 111.01 1.07• 1.76 311 .•16 Area 2 111.66 L 476 1.76 .60 .16 Are• 3 12.14 1.076 3..70 .00 .14 Area t 12.41 1.4716 1.79 .60 .16 Croup 4-Al Clamshell Operator (over 7 - cu. yds. * ong .r.c.(l Room Pay) Ate& 1 12.06 1.476 1.70 .410 .16 Ares 2 12.93 1.0716 1.79 .60 .14 Area 3 13.21 1.0716 1.76 .410 .14 Area 1 1 13.66 1.476 1.70 .46 .14 •atm ' � 1 t s • Maaal t . FEDERAL REGISTER, VOL. 42, NO. 74--F41DAV, APRIL 22, 1477 . • t 1 I 7' �l ;3 DFC1810N W0. G77-5039 Page 24, Page 2] DECISION 190. G77-5019 ' O c -�.. Fling*Banahlt Por,A.nlc Basic Frinyo B.Adilt paymentsBetic Narrtr Educatkan r aise EdYCANaA TOW BOAT9 (Dredging)1 Rates H L W pensions Vacation end/Ar r. PZ1ttER DgUIPH[Sit OPERATORS-..(bont' )Raise H L W Pntlaat Vacation and/o DREDGING Work on calf-Propelled vassals APPr•1 ' APPr.Te. (except skiffs powured by out- ":RCIIEDUtE li board actors) engaged in towing _A ALL DU61C SUCTION I, AND I AND and shifting of barges, vessels ALL 0ING CUWSIIEI.1. AND DIPPER and water borne craft or In the 5;4 pREDGING transportation by water of personnel, materials, equipment Group A-1: and supplies Bargeman! Deckhandl levee- hand) Piremanl Oiler Dockhand/Nachanics Area 1 ) 1,27 S 1.070 i 1.78 .10 .14 Area 1 $ 9.55 •19 $ 1.61 11.18 Area 2 9.11 1.076 1.78 .80 .14 Area 2 10.05 .89 1.61 1.16 Area 3 9.39 1.070 1.78 .60 .14 Acta 3 10.30 .69 1.61 1.18 Atea 4 9.67 1.076 1.78 .80 .14 Area 1 1Q.SS .89 1.61 1.18 F , ! Group A-21 Operator Mechanic/Watch Wlnchman (stern winch on Engineer dredge)l Deckmatel Deck Area 1 Bnginear 10.75 .96• 1.36 1.15 Area 1 ' 9.20 1.07• 1.78 ./0 .14 ua 3 11.50 .96 1.36 1.15 k Area 2r 10,05 1.016 1.76 .80 .14 Area / 11.75 .96 1.]6 1.15 Area-3 10.30 1.070 1.71 .80 %14 ti Area 4 10.60 1.07• 1.78 .80 .14 Building anti Heavy Construction Tow Boar Group A-1L 1 (work on self-propelled Z. Watch Englneerl Walderl vessels) Welder MO .Mechanic Boat Operators 10.75 .96 1.16 1IS Area 1 9.85 1.070 '1.71 .00 .14 n Acta, 2 10.70 1.07• 1.71 .B0 .14 VWPHOTEB: M Acea 3 10.98 1.070 1.78 .80 .14 your Centers designated) City Ha 1a of Oa land, Sar Nranelse , Area 4 11.25 1.076 1.78 .80 .14 Sacramento and Stockton, Califor la Group A-41 Area 1 - Up to 20 road miles from said Can acs. Levermanj Claashell Operator Area 2 - Hoc* than 20 road miles o and Including BC road ■I1 e Area 1 10.69 1.07•• 1.78 .80 .14 from sold Centeru. kes 2 11.54 1.076 1.76 ./0 .14 Area 3 - Outsldd of 30 road miles from sair Centers Area 3 11.12 1.076 1.78 .60 .14 Area 4 - An area'extending 25 cue• miles It shore ins of Area 4 12.09 1.076 .1.78 .80 .14 lake Tahoe. , •Include■ $.20 pat hour to Pensto ed litaitt and Wallace Fund. FEDERAL REGISTER, VOL. 42, NO. 78-FRIDAY, APRIL'22, 1977 {^I .aae•6wrr*aaso.w.Ya. Fw+l.aM�argMYli Aalrr r,..' }4-1 qq� 1 4J, DE7CISION NO. CA77-5039 tags 25 DECIBSOH W. CA77-5039 rage 26 r • i LONER EQUIPMENT OPOlATORB �• 6i1$ Ctoup Is Assistant to Enginear {ticessan, Oiler, Deck") H••,ir Eluntl•• ..y Ra•• M L M P•asl•as Y+t•tl•• 004/41 r, APp,.Tn. Group 1-At Compressor Operator �. pOEtERj*UIPWff OPZRA70R8 Group 1-0f Truck Crane Oiler (piledrlving) Group 2s Tugget Hoist (holoting material only) Group 1 6.76 6 1.35• = 2.00 .90 .24 Group 2-An Coepcessor Operator (2-7)1 Gentratoc (100 E.N. or over)• Group 1(a) 9.11 3435, 1.00 .90 .21 Group 1(b). 9.26 1.35, 2.00 .90 .2/ Pump (2-7)1 Welding Machine (2-7)1Powertd otisic than by electricity) Group 2 • 9.69 1.350 2.00 .90 .24 Group 31 Deck tnginterl tock Lifts A-!tare►• self-propelled Room Group 2(a) 10.10 1.35• 2.00 .90 .24 type'difting device Group 3 10.40 1.35• 2.00 .90 .24 Group 3(s) 10.76 1.3s, 2.00 490 .24 Oroup 3-141 Heavy Duty Repairman and/or welder Group 4 11.33 1.350 2.00 .90 .24 Group S 11.48 1.35• 1.00 .90 .24 Group 44 Operating Engineer in lieu of Assistant to Prs9inear "Includes 8.27d Mel Ld. Tending Boller of Compressor attached to Crane tiladriverl OPetatot Per hour to Ponsl ed Hsslt anatmun of Piledriving Rigs, skid or Floating and Derrick largest Opetatar of Diesel or Gasoline powered Crane Plladriver (r/o bailer) up •to and Including 1 cu. yd.t Truck Crane, up to and Including 25 tons hoisting material only Group 54 Operator of Diesel or Gasoline ponied Crane tlltdrivst ' t (w/o boiler) over I cu. yd.c gator of £tans (rhttarsr flesh boiler, pump or compressor attached)i Operator of steam powered 1 Crawler of Universal type driver (Raymond or similar type)4 Tri •; Z Crane, over 35 tons hoisting material of performing piledelv(ng ,: Q work i 1 • •mesa .. T• .. ' N FEDERAL REGISTER, VOL. 42, NO. 74--FRIDAY, APRIL 22. 1977 s �ia DWISIOW NO. CA77-5039 Page 27 DECISION 110. CA77-5039 Page 28 N C> POWER IVUIPME31T OPCRATOES � AREAS I and 12) Group It Assistants to•Engineets (brakomans Fireman; Meavy Duty Repairman Prfaga Benefits Parmeata Hoiptci Oilerl Dcckhandi Signalman, Switchman; Tar pat Piremarr)t Partsman Basic Basic (Heavy Duty Repair shop parts room) :.•,e 110r11r Reedy 6duraNaa Roles Rotes ,11 L M Pensions; vocalloq and/or Group 2s' Compressor Operator; Concrete His (up to and including 1 yard)) POIfER 110UI"Wfr OPMATORS I I APP,•Tr• Conveyor belt Operator (tunnel)) Plreman Hot Plant; Hydraulfc, Monitor; 1 � 2 Mechanical Conveyor ►handling building materials)) Mixer Dox Operator e� (concrete plant); Pump Operator; Sproader Boxman (with strands); Tar r pot Picasso (power agitated) Group is # 6.90 #10.10 # 1.35* It 2.00 .90 .24 Group 3, Dox operator (bunker); Helicopter Radioman faignalman)r Motor- Group 21 91.05 10.45 1.35• 2.00 .90 .24 man; Locoorotivas Oiler; Ross Carrier (conatcuction job site); hrotomist Group 3t 1.I6 10.66 1.350 2.00 .90 .24 Operator, Screodsan (except asphaltic concrete paving); Beit-propelled, Group 41 9.61 11.21 1.350 2.00 •.90 .24 automatically applied concrete curing machine (on atcoots, hlghwaya, Group 5t 10.02 11.42 1.350 2.00 .90 .24 airports and canals); Trenching Machine (Maximus digging capacity 3 Group 61 10.17 11.57 1.350 2.00 .90 .24 It. depth)l Tugger Hoist, singls drum; Truck Crane Otter Group 7t 10.32 11.72 1.35+ 2.00 .90 .24 t Group 61 10.72 12.12 1.35* 2.tl0 .90 .24 Group 4� ()stints Jack Tenpecl Ballast Royulatori 6sllaat Tamper Multi- ' Group 9s 10.94 12.3! 1.35• 2.00 .90 .24 purposot Boxman (asphalt plantil Elevator Operator (inaide)l Pork Lift 1 Group 10t 11.14 12.54 1.350 2.00 .90 .24 or Lumbar Stacker ►construction job site)l Lino Master, Lubrication and Group 10-As 11.25 12.65 1.350 2.00 .90 .24 Service Engineer (mobile and grease tack)) Material Hoist (I drum), Group Its ' 11.42 12.62' 1.35! 2.00 .90' .24 Shuttlecatt Tic Spacecs Towoceobile Group J11-4; 12.49 13.95 1.350 2.00 90 .24 Group 11-bt 12.71 14.25 1.35* 2.00 40 .24 Group 5t Compressor Operator (2 t0 7)1 Contests Mixers lover I yard); Gtoup 11-Co 13.07 14.55 1.35* 2.00 .90 .24 Concrete Pumps or Pumpecete Cons, Generators (100 K.H. or aver)) Grouting Machine; Pcesa-veld (air-operated); pumps 12 to 7)1 Welding *Includes 0.23 per hour to Machines (powered other than by olectrletty) (2 to 71 z Pensioned Health'and Welfare Fund. Group 61 BLH Liao Road Pactor at almllarl Boum Truck or Doral Purpose A-Prate; Trucitl Concrete Batch Plants (vet or dry)l Concrete,Saws (salt- P1 propelled unit) on streets, highways, airports and canals; Drilling and Baring ITS Machinery, vertical and hor frontal ;not to apply to watectiners, wagon do ills or jackhammers); Gradusettec, Grade Checker imacbanlcall or other- wlse)► Hlghline Cablaway Slynalsan, ttrcosatives (stuam oc over 30 tons) .' Maginnis Internal Pull Slab vibrator (on airports, highways, canals and i r warshouses)i Mechanical Pinishers (concrete) (Clary, Johnuon, bidwell Bridge Duck or'similar typea)l Mechanical Burs, Curb and/or Curb and Gutter Machine. concrete or asphalt; Pottablu Crushers Post ()river r (M-1500 and similar); Power Jumbo Operator (setting slip toms, etc. I in tunnels); 110110171 Screadsan (barber-Greene and similar) (asphaltic concrete paving); Self-ptopeiled Compactor (single snglnt); Self-ptopellod s Pipeline Wtappin9 Machin, PCrault, CRC, or Similac typus)s S1)p Potms puaysa slitting device for concrete toenail Small Rubber Tired Teat torsi s Surface Bolster ( 'FEDERAL REGISTER, VOL. 42, NO. 70--FRIDAY, APRIL 22, 1977 Yugo 30 .n„ .•t CA77-5019 1 DECISION NO. CA77-5039 Page 29 DECISION N0. CA77-5019 Page 10 t POWER EQUIPHt:NT OPERATORS (Cont•d) (AREAS I and I1) POWER EQUIPMF21T OPERATORS (Cont'd) (AREAS I and II) s Group 7t Concrete Conveyor or Concrete Pump, Truck of Equipment mounted (boom length to applyls Concrete Conveyor, building s)tal Dock Engineers) Group 10-At Backhoe (hydraulic) (up to and Including l cu, yds. ■.r.c.)I ' Dual Drum Mixers Fuller Kenyon Pump and similar typeat Gantry Rider Backhoe (cable) (up to and Including 1 cu. yd. m.r.c.); Combination Back- for similar); Ilydra-Ilammer (or elmllar)t Material Hoist (2 or tote drums), hoe and Loader over 1/2 cu. yd. ■,r.a.), Continuous Plight Tie Back Mechanical Finishers at Spreader Machine (asphalt, Bacber-Greene and Auger (up to and Including 1 cu. yds.) (ctant attachedyl Cranes (not over similar); Hine or Shaft Iluistl Mixermobllet Pavement Breaker Breaker with or 25 tons, Hammerhead and Gantry)l Crede-alls (up to and Including 1 cu . without Compressor Combinations Pavement Breaker, truck mounted yd.11 Power Shovels, Clamshells, Draglines, (up to and Including 1 cu. yds. wthf.Pompressor Combinations Pipe Bending Machine (pipelines only), m.r.c.1) Power Blade (single engine), Self-propelled Boom-type Lifting n PRpr Cleaning Machine (tractor propelled and supported)l Pipe Wrapping Device (center mount) (over 10 tonal$ Self-propelled Boom-type Lifting MaehiRe (tractor propelled and suppotted)t Refrigeration Plant) Roller Device (center mount) (over 15 tons) " Operator (finish asphaltlt Self-propelled boom type lifting device (center mount) (10 tons or leas M.R.C.)l Self-propelled Elevating Grade Plane) Group Ili Automatic Concrete Slip Por■ Paver$ Automatic Railroad Car ). SluaCier Operators Small Tractor (with boom) Soil Tasters Truck type Loader Dumpers Canal ringer Brain Backflllarl Canal Trimmer$ Canal Triassic w/ditching attachments, Cranes (over 25 tons up to and ineludin4 125 Group St Armor-Coater (or similar)) Asphalt Plant Engineers Cast-In-Place tons)) Continuous Plight Tie Back Augur over 1 cu, yd. (including crane), Pipe Laying Machine; Combination Blusher and Motor Operator, Concrete . Drott Travelift 6SO-A-1 of similar 115 tons or ovar)l Highllne Cableway Batch Plant (multiple unite)) tater) Heading Shield Operatoil Ileavy Duty (over 5 tons), Loader (over 6 yds., up.to and including 12 cu. yds.)( Power Repairman and/ot Welder) Ken Peal Machine (or similar); Kalman Loader$ Diad* (;multi-engine), Power Shovels, Clamshells, Draglines, Baekho*s, Loader (up to 2 ydal1 Mechanical Trench Shield; Portable Crushing and Grade-elle (over 1 yd. and up to and Including 7 cu. yds. ■.r.c)$ Rubber- t Screening Plants, Push Cat) Ruhher Tired Earth-moving Equipment (up tired earth moving machines (multiple propulsion power.units and two - to and including e5 cu. ydss 'struck* ■.t.c.) Euclid@, T-Pu114, DW-10) 20, or more scrapers) (up to and Including 75 cu. yds, •struck' m.t.c.)I self- ' 21, and slmltati Rubber Tired titers Self-propelled Compactor with Doter) propelled Compactor (with multiple propulsion power units), Bingle engine Sheepfoot) Timber Skidder (rubber tired or similar equipment)l Tractor Rubber-tired Earthmoving Machines (with tandem sctapers)t B1lp form drawn Satapelr Tractor Ttencbing Machines Tri-batch Paverl Tunnel Hale Paver (concrete or asphalt)/ Tandem Cabs Tower Cranes Mobile) Trencher Boring Machines Welders Woods-mixer (and other similar Pugmlll equipment) (pulling attached shield)$ Universal Llebhet and Tower Cranes (and similar ■ types)) Wheel Excavator (up to and including 750 cu. yd.pic hour)h hhirlay •. e resume Croup 11 Canal ringer Drain Diggers Chicago Dooml Combination Mixer Crane (over 25 tons) and Oompreeeor (gunitel1 Combination Blurry Mixer and/or Clean*rl Hlghline t 0 Cablewa ( :! j Y IS tons and un4arl, all Ml-Elft or similar 20 ft. or over)( Mucking Croup 11-AI Band Wagons (!n conjunction with Wheel 4cavetorll Cranes) Machine (rubber tire, call or track type), Tractor (with booty) (D-6 or (over 125 tons)# loader (oval 12 cu, yde.1 up to an4 including is cu. ;rds.)j 1 �• nif�t larger and almllarl Power Shovels and Draglines (over 7 cu. yds., m.r.o.)$ Rubber Tired Multi- i YI Purpose Earth Moving Machines (2 units over 75 cu. yds. *struck* ■.r.o.11 Group 101 DMM-type Backlilling Machine) Bridge Ctonel Caty-lift (at Wheel Excavator (over 750 cu. yds, per hour) almllar), Chemical Grouting Machines Combination Backhoe and loader (up to ane ita:ludlng 1/2 cu. yd. ■.r.c.)# Detrick 12 operators required Group 11-Bs Loader (over 1s cu. yds.) . When awing is"ine [emote from bnlet)s Derrick barges (except excavation workl# Du-Mw Loaderl Adams Elegcodotl Elevating Graders Heavy Duty Group I1-Cr Operator of Helicopter (when used in exaction woxk)t gsmob 1 Rotary D9111 Rig (including Coleman roundation work and Robbins type Controlled Parthmoving Equipment drills)) Ka,htIng Skooper (or similar)I Lift slab Machlnel (Vagtborg and Similar types)I Loader (2 yds. up to and including 6 yds.)1 locomotive (Over 100 tare) (single or multiple units); Multiple Engine Earthmoving ; Machine (CUCIlds, Dozers, etc.) (no tandem screparll Pte-stress Hire l Wrapping Machina, Reservoir-Debris Tug (self-propelled floating)) Rubber- tired Scraper. sell-loading (paddle wheels, ate.)l shuttle Car (reclaim I station)i single Eng In* Scraper over 45 yds.I"Holl Stabilizer IP 6 H or , equsl)I Sub-ytader (Curries or other automatic type)I Tractor. Cam- l pressor Drill Ciambinationt Track Laying type earth moving machine Dingle engine with tandem scrapers)) Train loading stations Vacuum Cooling Plants i Whitley Ccane lup to and Including 25 tons) FEDERAL REGISTER, VOL. 42, NO. 78-FRIDAY, APRIL 22,,1977 0� DGCISON W0. CA77-5039 Page 31 DECISION NO. CA77-5039 Page J2 I p Prisge lanelils Parault Basic Films*Benalits Parasols - - ' Back HaadT `w Educalian .,.„ mostly Educaliaa Rales N L K Pensions Vacation and/or Rates H f.M peasleas Yaealbn and/or TRUCK DRIVEBSS (Cont'd) Appr.Ta TRUCK DRIVERS Apps.Te. .,. SULK CEMENT SPREADER (w/wo %auger. under f yds. water levallc-bus or Manhaul dcivetc LIFT JITNEYS, Pack Gift i i 10.035 1.195 .70 $1.00 Concrete pump machine! TJUUISIT MIX, AGITATOR Concrete pump truck (wbon (under 6 yda.) 10.055 1.195 .70 1.00 flat rack truck to used appropriate flat tack rata TRUCK REPAIRMAN HELPER 10.075 1.195 .70 1.00 shall apply)I Dump %under t yda. water level!! Dumperate VACUUM TRUCK under (1.500 truck (under 1 yda. water gallons) 10.015 1.195 .70 1.00 141v411)$ Dumps tat !under 1 yds. I water l+vei), sacact or pilot ti SCISSOR TRUCKS Single unit car dtivecl Nipper truck (when fiat rack (3 axle unit)% flat tack truck is used Industrial Lift Truck 4141ropctat41 flat teak rate (mechanical tailgate)% shall apply); Pickups% Skids Small rubber tired tractor (debris box, under 1 yds. water 1 (when used within teamster** level)( Team drivers$ Ttuck► ) jurisdiction) 10.10 1.195 .70 1.00 (dry per-!Batch concrete mix, i undet 1 yds. water level)I JETTING TRUCK 6 WATER TRUCK Nelpersl Warehousemen $ 9.905 $ 1.195 .70 $1.00 (2,500 gals, under 1,000 gals.) 1O.I15 1.195 .70 1.00 `uf° BULK Co"T SPREADER (w/wo ` COMBINATION WINCH TRUCK Z auger. f yds. and under f �' WIT(! t1OISTi Transit, Q yds. water !swell! Dump 11 Mix Agitator (6 yds• and yds. and under 6 yda, water under $ yda.) 10.155 1.195 .70 1.00 1411161)1 Duapersts (f yda. andi M under f yds, water levelly VACUUM TRUCK (3,500 gals. Dumpater ti yds. and under f and under 5,500 9a1a.) 10.165 1.195 .70 1.00 yda. water leval)i $kids (debr# box f yde. and under 6 yds. RUDDER-TIRED MUCK CAR (not water level)I $ingl41 unit flat . selt-loaded) 10.175 1.195 .70 1.00 tack t3 ells unit)$ lndustclal Lift Tcuck (mechanical tailgate) Trucks (dry pre-batch concrete •ixr f yda. " under 6 yds. water level) 10.00 1.195 .70 1.00• -IMIN4 TNUCK ond,WATER TRUCK l turAot 24500 gallons) li.415 1.115 .70 1.00 ,�wa.s�sirra►�,+, � • 1 FEDERAL REGISTER, VOL. 42, NO. 76—FRIDAY, ARIL 22, 1977 . Paye ]4 + ,: rnnN tIO„ C177-5031- 1 i r 1 j nix'!a#otI NO. CX77-5014 Asga 33 DECISION N0. G77-5039 Page 31. .c Fr{egt Erno!{tr Aornttnti �. .;r Eerie �...• Boile Fdagt BeneRU Perweati Moerlr Edentl:n Mevrl ..� Rote; to d M Prni#oni YoceNen end/er Coo M 6■ Poodess Yeullex oed!tea + !III K UIIIVIR. St Wont'r Appr.Tr, TRUCK DRIVERS (Cont`d) Appr.Tr. 'DULR CPithrr SPREADER (wlwo ;! aug0r, 6 yda, and under E } yd!{. water levoli$ Uuwp (6 TRANSIT MIX AGITATOR (over r fr yda. and under S yda, water 10 yda. through 12 yds.) $10.355 $ 1.195 .70 $1.00 level)I numItcrete (6 yda. 1 C_ and under 0 yda. water level!! ` BULK CEMENT SPREADER (w/wo t t Dumpater 16 yda. and urular 8 eager, B yds. and including r yda. water level)$ Skids (debris 12 yda, water level)l Dump box, 6 yda. and under 8 yds, (8 yda. and Including 12 + ,, water levo!)$ Truckc (dry pra- yds, water level)$ Dumperetr { S Ve batch concrete mix, 6 yda, (S yda. yda. and Including 12 } i and under 8 yda, water level! 4 10.20 $ 1.195 .70 $1.00 yda. water level)! Sol(-pro- polled street sweeper with A-YRAfU, N1llCll TRUCKS$ self-conta(nod refuse bin# t Duggymblie$ hydro-lift, Skids (debris box, 8 yds. Swedish crane type (jotting)$ and including 12 yds. water J, Jetting and water truck level)# Snow go and/or snow / } (4,000 gale. and under plovi Truck (dry pre-batch 1 a 51000 gale.)$ Rubber tired concrete mix, 8 yds, and Jumbo concrete 1.198 .70 1.00 including 12 yds. water '• level)I Dumpster'(S yds. 1 IIP.AVY DUiY TWISPORT ( and including 12 ydo. water (high he'll 10.22 1.195 .70 X1.00 level) 10.44 1.193 .70 1.00 O 110118 IIYOTI•.R and BIMILhm REAvY DUTY TRAMBPORT , BTRADnLe CARRIEn 10.245 1.195 .70 1.00 (gooseneck lowbed) 10.45 1.195 .70 1.00 1 mf1 !PANDIT MIX AGITATOR TRANSIT MIX AGITATOR r N (8 Yda, through 10 yds.) 10.255 1.195 .70 1.00 Covet 12 yds. through 14 yds.) 10.435 1.195 .70 1.00 VACUUM rRucX (5,soo gal.. ' and undit ?,Soo gals.) 10.285 1.195 .70 1.00 ' JM- INO TRUCK i NATER TRUCK (5,000 gala, and under 7#000 gala.) 10.315 1.195 .70 1.00 + ' FEDERAL REGISTER, VOL. 12, NO.1111 FRIDAY, APRIL 22, 1977 ..r• ♦•. •� • ...�......• I .� r+. iJ 2 } %f' ..;'k DOCISION Up. CA77-5039 Page 3% DECISI011 110. CA77-5039 Page 36 S ` O G CA • Frla$*Oaaallla Payseatc Deals Pdgo OanopN Payrnonh Oulc Nawr}y �• Ed.c01I■n Moody Idasalloa .rq RIVL'RSt tCont'd) Rola% M&W Paaolano Vacation And/or TRUCK DRIVERS ,ICoat'd} Rates N{,W Poaoleaa V■caNa■ and/at - ._{7,..t ppr.Tr. App#.Tr. SULK CLMIW SPREADER (w/Duo BULK C&WfT SPREADER (w/wc auger, over 12 yds. and ) auger, over 24 yds. and including 19 yda. water including 35 yds. water level)) w leval)i Dump lover 12 yda. Dump (over 24 yda. and and including 29 yda. water including 35 yda. wat•r'level)) ,,- levol)1 0uepetato (ovac 12 Duaperete (over 24 yds. and yde. and including 19 yds, #including 35 yda. water lovel)s Dunpstar (over 24 Yoe. and 12 y levall) Dumpitar (over including 35 yde. water level)) 12 water and Including a yAe. r � DW 10's, 20's, 2114 and other watac iaval)y Btida i4Incla oimilat oat type, Terra Cobra, box, ovac to yda. and Including IAToutneapu213, vucaarocket, 19 yda. water Lawl)y Trucks , lacy pro-batch concrete mix, Euclid and slailar type equip- over 12 yda. and Including sent when pulli#r3 Aqua/Pak at IS water level) 10.19 1 1.195 .70. $1.00 water tank troller& and rual and/or gteass tank trailers P.O. 0!1 SIMILAR TYPE or other also. tratlarst Won SRV-UO&DIna TRUCt 10.54 1.195 .70 1.00 (debris box, over 24 yda. and 1 including 35 yde, watac level)$ 99.UCK RVAIRMAY• 10.575 1.195 .70 1.00 'Druck tdry pro-batch concrete rass�r- mix, ovat 24 yds. and including OUti CS Wr SPREADER (W/wo 35 yda, water level) 1 10.61 / 1.195 .70 01.00ou9tcZ including over 19 yda. and . RUTA CVWrr SPAUDER (w/Wo O loseilr Combination on dump and lmoludtng 21 awater auger, over 35 yda. and , dump %Callas) Dow (over 19 Including 50 yds. water levol)) r1 M Dump (over 35 yde. and Including yl y4s. aaa including 24 yde. 50 yde. water level)) Dumpecate water lavol)) Dumperats (over (over 35 yds, and including 50 1O yds. and Including 2{ yde. yde. water level)) Dumpetor (ova ' water .oval!) eluding lovas 35 yde. and Including 50 Yoe. It yds, and Including 2t yds. water level)l Skid& (debris box, water levo!)( Skid (debris box, over 35 yds. and including 50 W441 19 Yatee. and Including Tran yam. water lavol)s Trucks (dry imix2{ yda, water overt)) Toe. pre-batch concrete six, over hr agitator lover 12 yda. 35 yam. and Including 50 through 16 yds.)$ ?Kuck* (dry yda. water level) 10.79 1.195 .70 1.00 pro-batch canacota six, Duct 17 Yoe. and including 24 , yda. water lava)) 10.595 1.195 .70 1.00 4 j r 11012AI REGISUR, VOL, 42, NO. 7111—FRIDAY, APRIL 22, 1977 ;3 "4. t r , 01X15101 IIU, CA17-5039 Page 37 DECISION 110, CA71-5039 P4199 30 r T y` CALUORNL4 AREA DErtlilTIONS for r TRUCK nN1VrAG (Cnnt4d) F11016 Benefits Payments POWER EQUIPMENT OPERATORS aesle 1 Hevdr Educa#ia" **AREA 21 All areas not included within Area 1 as DUTA CEIMAT SPRF.AnER w/wo Rates It g W Pensions Vacation and/at nuger,over 50 yds. and under AIPO•Tr. , defined below. 65 yds. water levelll neap (ever Sd yJa, and under 65 *AREA 11 All areas Included in the description yde. water level)l Dumperete defined below which is based upon township (1Ot 50 yda. and under 65 yds. and range lines of Ateat 1 and 2. watt; level)I Dempster (over 50t yds,,and under 65 yda. velar ne oCommencing in the Pacific Ocean on the extension of the Southerly . z tif Township 19S. level)1 Helicopter pilot When transporting men or mekerlalsl! Thance Easterly along the Southerly line of Township Me crossing Skids (debtis box, over 50 yds, the Mt. Diablo meridian to the S.V. corner at township Me and under 65 yda. water levelll range 6Ee Mt. Datblo base line and meridian, }.i Trucks {dry pre-batch concrete Thence Southerly to the S.U. corner of townshtp'20S. range 6C, ! �, •, .'; mix, over SO yds. and under 65 Thence Easterly to the, S,V. corner of township 205. range 13E#' ! . yds. water level) 1 10,94 f 1.195 .70 11.00 Thence Southerly to the S.V. corner of township 215, range 139, Y Thahce Eastarty to the S.W, corner of township 213, range 179, BULK CtNDIT 5PRrAtwR {w/wo Thence Southerly to the S.W. corner of township Me range 171, ! .' auger, over 65 yda, and Theuce Eastarly to the S,E. earner of township 22S, range Me ' inetuding 40 yda. water alt Thence Southerly to the S.W. corner of township 23S, range 189. Iavellr Iz+,60 165 yda, and Thence Easterly to the S,t, corner of township 23S# range lots )ncUlAing 40 yda, water leveltl Thence Southerly to the S.W, corner of township Me range 19Se tk,x{atete (.ever 43 yda, and failing on the Sqqutharly line of Ktrigs County# Chance Easterly including 4o yde, water level)I along the Southefly boundary of Kings N' r\asl,etes 445 yds. and Including County and the Southerly boundary of Tutata County, to.the B.E. +. 40 yde. vette )$Voll$ 014e corner of township 245, range 291, IAet+rit tri%. 4S yAo. and Thance Northerly to Cha N.E. corner of township 21S, tangs 292, i. Including s0 y+ls, water leve ll# Thence Westerly to the N.V, corner of township 2100 range 29E, +� Tturks 141y lits-batch C"ncreta Thence Northerly to the H.E. corner of township US, conga 251, mIN# 41 yJa+ ed including Thence Westerly to the N.W. corner of cownship 135> tongs 261e ) eel ff 4o yds, water levet) 11.41 1.195 .10 1.00 thtnea Northerly to the N.C. corner of township 115, range 271, in Thence Westerly to the N.V. corner of township 115, conga 211, BULK Crxaff 4rntAora w/wo r Thence Northacty to the N.C. corner of township 105, range 2620 auger, over to yds. and Thence Westerly to the N.V. corner of township IOS, range 261+ Including •5 yde, watt, Thence Northerly to the N.C. corner of township 99, range 25E, level)► Dunt) (over so yds. Thence Westerly to the N.W. corner of township 9S, range 239, and including 95 yda. water Thence Northerly to the N.W corner of township as, ronge.242, 0 level)# Duay+ctete (over 60 Thence Westerly to the H.W. corner of cownshtp gS, conga 241, yds. and Including 95 yda. Thence Northerly to the H.L. corner of township He range 231, t water level)) Dumpater (ever i Thence Wsettrty to the S.E, turner of township $8. conga Me •. 00 yda, and Including 9$ yda. Thence Northerly to the H.E. corner of township 5S, range 192,' „ wltet lovel)i Skids (debris ,Thence Westerly to the N,W. corner of township 5S. conga 191, 1 box, over 4D yds. and Including Thence Northerly to the N.E. corner of township 3S, Conga ISE, 4" , 9S yda, went itvol)l Trucks Thence Westerly to the N.V. corner of township 35, range lair•• � (dry pre-botch concrete mix, Thence Northerly to the H.E. corner of township 25,\rang4 179.•• over 00 yds, and Including t Thence Westerly to the N.V. corner of township 2S. range 1720 ) 95 yda, water level) 11.24 1.195 .70 1.00 Thence Northerly erasing the Mt. Diablo baseltrrs to the N.C. corner of township 2H, range 169, Thant* Westerly to the N.II. corner of township 2N. ranga 162, t Thence Northerly to the N.E. corner of township 311,.rsngs 131, Thence Westerly to the N.W. corner of township 3N, tango 152, Thence Northerly to the H.Z. corner of township 411, range 149, O FEDERAL REGISTER, VOL. 42, NO. 76--FRIDAY, APRIL 22, 1977 1 c� , •, 'int 1_ {3 R`t 1 , i; 11, t i t + .. ... _ •., _. ...�. :�....�..�«1111.. � .. 1111.. .. . , F DUCIBtON MO. C177-50311 page 39 DECSS[OH NO. CAT7-5034 Pogo 40 G CALIFORNIA '1. CALIFORNIA ... � •� : n AREA DEFINITIONS for AREA DEFINITIONS for POWER EQUIPMENT OPERATORS (cont0d) POWER EQUIPMENT OPERATORS (cont d) Urea1 (conVd)r *Area 1 (cont'd) r Thence Westerly to the N.Y. corner of township 4N, range 14E, Thence Westerly to the S.E. corner of township 1614, range 12W, Thenca Northerly to the N.L. corner of township 50, conga 139, Thence Northerly to the N.E. corner of township 1614, range 12W, Thence W+stprly to the N.Y. corner of township 5H, range 13E, Thence Westerly to tits N.N. corner of township 1614. range 12W, Thence Northerly to the N.C. corner of township 1014, range 12E, Thence Northerly to the N.E. corner of township 1814, tempo l3V, Thence Easterly to the S.L. corner of township UM, rents 1490 Thence Westerly to'the N.V. corner of township 18N, range 14u, Thence Northerly to the N.L. corner of township 1t*, rang* 149, Thence Southerly to the S.W. corner of township INN, rrnga 14u, Thence Westerly to the N,t, cornet of township 1110, tango JOE, Thanc* Easterly to the S.L. corner of township I814, reo8u 14u, Thenu Northerly to the N.t. corner of township ON, range JOE, Thence Southerly to the S.Y, corner of township 16H, range 13W, Thence t st*rly to the S.C. Cotner of township 1611, rang* IIE, Thence Westerly to the N.M. corner of township tSN, raugs 14W, Thence Northerly to the N.t. corner of township 16N,range III, Thence Southerly t0 the S.Y. corner of township 1414, range 14W, Thence Easterly to the $.t. corner of township JIM, range 14E, Thence Easterly to ,the B.E, corner of township V.N, range 144, k Tbarlc* Southerly to the S.W. caviler of township 1414, range ISE, Thence Southerly to the S.W. corner of township 1314, rang+ 13W, Thence Easterly to this B.C. corner of township 1411. rang* ISE, Thence Easterly to the S.to corner of township 1314, range I3W, r,. Thssico Southerly to the S.W. corner of township 13N, conga 169, Thence Southerly to Rha S.W. corner of township 11N, rouge 1241 Thence Easterly co the B.t. corner a[ township 1310, trope 16t, Thence Easterly to the $.g, corner of township 11N, resign 12W, i Thsnce Southerly to the S.V. corner of township I71, range 17t. Thence c Ocean a clung tit*that to o o[ range 1California the Thence Easterly along the Southern lima of township 12H.to the Pacific Ocean excluding that portion o€ Northern Cat€ Castors, boundary-of the state of California, within Santa Clara County included within tits following lines it Commencing at the N.Y, corner of township 6S, rrnga 3t, Mt. e, Tof hes,te Nortbwe+t*Cly, thence Northerly along the Eastern boundary Diablo baseline and Meridians Thence of California to the N.C. cornet of township 1714. Thence in a Southerly direction to the S.W. corner of township tan , r' { tetBtx 7S, tango 3E, Thermco Westerly to the N.V. corner of township 1710, rang* TIC, ?basic* Nartberly t0 the Not. corner of township 2014, rang+ iOE, Thence 1n a Easterly direction to the B.L. teener of township 7S. Thence Westerly to the N.Y. corner of township 20N, range 109, range 4E, Tbsnca NOttbarly to the N,C. corner Of township 21X. tante 9C, ` Thence in a Northerly direction to the N.L. corner OF township 65, Zr rents 4Y, Thrueo Westerly to the N.Y. corner of township 2114, range 9E, 0 Thence Muttharly to Cho N.t. corner of township 2211, tango BL, Thence in a Westerly dic+ction to the N.V. corner of-township 6S, --4 Tb*nce Westerly to the N.V. cocnar of township 22M, tango St. ` range 3e,, to%the point of beginning which portion is a pari of n 1 Thence Northerly to the E.W. corner of township 2711, rang* It, el2also includes cher portion of Northern California within Thto uAres Thence C terly to its 5.9, carrier of,township 2714, ranga St, the I also ludesi Thence Northerly t0 the N.C. corner of township 280, range At, Commencing in {he pacific Ocean On an extension of the Southerly Th+gce Westerly to the N.Y. corner of township 2610, rang* 7L, line of township 214, fitHumO ea baseline a and n of meridians Ttsnle Northerly to tba M.C. cornet of township 300, range t. ` Thence Ysstsrly along the Southerly line o€ township 2N to the Thence Northerloglyy �o Rha N.Y. to mer Of township 3414. tango it, , S.W. corner of township 2N, range IW, Thence Nof towns along the Mc. Diablo es*ridlan to the N.E. Thence Southerly to the S,W, corner of township IN. resign IW, corner Of komablp 3414, tante IV, ' Tbeoce Westerly to the N.Y, corner of township 34M, range 6W, Thence Easterly along the Humboldt. baseline to this S.W. corner Thence Southerly to the N.C. corner of township 3211, tante 7W, of township IN, range 2t1 Thence Westerly to Che ".V. Corner of township 3214, Cant* 7W, Thence Southerly to the S.Y. corner of township 2S. conga 2E. Thence Soutbecly to the S.W.cotaer of township 3014. range 7W. Thence tasterly to the S.E corner of township 2S. range 2E, j; 74+0ce Easterly to Che B.C. corner of township 30N, cange 7W, Thence Southerly Co the S.W. corner of township 4S. range 3E, Tberice Southerly to the S.W. corner of township 160, range 661. .Thence Easterly to thg $,L. corner of township 4S, range 3E, Thence Easterly to the $.to corner of township 16M, ran.+ 6W. Thence Northerly to tits N.E. corner of township 2S. tango 3E, Thence Southerly to the S.W. corner of township 1414, range SW. Thence Westerly to chs N.V. corner of township 2S. range 3E, Tb*nco Westerly to the B.E. corner of township 1411. rang* 7W. Thence Northerly crossing the Humboldt baseline to the S.W. ' Thence Northerly'e,0 the N.t, corner of township 14N, rang* 7W, corner of township IN, range 3E, Thence Westerly to the N.V. corner Ot township 1414. range, 7W, Thence Easterly along the Humboldt baseline-to the S.C. corner Thence Moctb+rly to the not, corner of township ISN, range Bil, sof township IN, range 3E, ;.� Thence Northerly to the N.C. corner of township 914, range 3E, Thence Westerly to the N.W. cocnnr of township 9N, range 2E, Vac Thence Northerly to Che N,C- corner at township ION. Its o . i r � FEDERAL 4E01SUR, VOL. 42, NO. 78.-FRIDAY, APRIL 22, 1977 • .1 i .,,... ..... ,......_.-1111.-......r,.r.... _.,.........._,...,.._....__..,._�....___ 1111 • i 7 i r i t' Ji h DEC151(N) NO. CA77-5039 Pape 41 CALIFORNIA AREA DEFINITIONS FOR y , TONER £QUIPNENt OPERATORS (Cont'd) *Ate* It (Cont'd) 1' Fa Westerly along Lite Northerly tine to township ION, Into' the • �. ..n.•.. Acffie Ocean. t Ara011 also Includes that portion of Northern California included with- in,tl(a following tinat ncing at the Northerly boundary of the State of California at"! a N. W. corner of township 4SN; rang 711,MG Dfablo.base , line and a+erldlans There*Southerly to tits S.W. corner of.township 44119 rape. 7W, 1 '. 11+ence Easterly to the S.E. corner of township 4411, range 7W, Thence Southerly to the S.W. corner of township 4311, rings 6W, Thence Easterly to the S.E. corner of township 43110 ringq`SW, . Thence•Northerly to the N.Z. corner of township 46Nr "range,511, t ' on the Northerly boundary of Lite State of California• i Thence Westerly along the Northerly boundary of the Stats of. - California to tit* point of beginning. C FEDERAL REGISTER, VOL. 44. NO. 7"RiDAY, APRIL 21, 1977 t WPMSCDUB DZCISIDN DEC1SY0ts N0. C07-5040page 2 • M STAT![ Calitornis CDUWTIZSs Alameda, Alpine, Asaador, Calovetas, Contra Costa, Dal Norte, E1 DO[Ado, Yresno, Humboldt, attic Priaaa 6ana11Rt Pat••att Marin, Maciposa, Merced, Monterey, Homily Ejocuisa ' Naps, Nevada, Placer, eactamento, Rants H t.IT Paatlaas Vacut•a tndfet San aenito, San Francisco, San Joaquin, San Mateo, Santa Clara, C12WIT MAWHSs Santa Cruz, Solano, Sonoma, Sutter, Cement Masons $10.00 $1,15 $ 1.43 If 1.50 .05 Tahame, Tuolumns, Yolo and Yub• Mastics Magnesite! All ..aWlsloM MIMHEBs CA77-50410 DATES Date of Publication Compusltton Masons 10.25 1.15 1.43 1.50 .05 .5upetsedes Decision No. CA76-5102 dated Movembac 19, 19760 In 41 FA 51272 hen working from swinging or 6ESCNtPT10H Of t[ONXs Rasldentlal Construction consisting of si.91+ Slip Yore Scaffolds 10.25 1.15 1.43 1.50 .05 �[amLly bows and gacdan type apartments up to and including 4 stories. DRYWALL IHSTALLCKS 11.52 1.22 1.71 .75 .07 Pdaaa 6tatlHs Perseats CLk,MICIANS1 itsts Alameda County N.wir Eavealla Electricians 31.41 .80 21+.90 .03 Rues H i M Is *lose Wntsae aa!/*R Cab14 splicers 11,64 .80 21+,90 .03 Atilt.To. Amador, Sacramento, Sutter, Yolo, Yuba and those poctlons ASITYSSnS MOUMS $12.41 .90 9 1.17 i 1.50 .06 of Alpine, EL Dorado, Nevada and Placac Counties West at the MYtJ3tMAItYAS 13.175 .775 1'00 .50 .02 Main Sierra Mountain Watershed BHICztAYCNSS Stonemasons' Electricians 12.99 .95 14+.85 .045 Del rax te, Humboldt, Matin, Cable Splicacs 14.18 .95 }4+.85 .045 Napa. San Fcanciata, San Mateo, Lake Tahoe Ar as Solana and Sonoma Ctsunti•a 11.02 1.40 .93 1.09 .05 Electricians 13.33 .67 14+.77 .06 Alaaeda'and Contra Costa Cos. 11.95 1.05 1.05 .20 Cable Splicers 14.56 .67 14+.77 .08 t[aavz, MarLposs and Merced Cos. 10.95 .95 1.00 Tehama County It Dacado, Nevada, Placer, Illsctticlans (Family residences, a•c[aaanto, Sutter, Tehama,, limited to 3 stories) 7.63 .75 10+.45 .04 Vince And Yuba Counties 11.90 .80 1.05 .25 Electricians (4 stories)! Z Mo[ttetey and dents Ctus Countie 11.60 1.11 1.20 .20 Electricians 11.96 .67 11+.705 .04 a Rea ttenito and Santa Clara Cos. 11.95 1.05 2.OS Cable Splicers 13.16 .67 14+,705 .04 -i Alpine, Am•doc, Calaveras, San Calaveras and San Joaquin Cos. ' Joa+Iutn and Tuolumne Counties 10.65 1.00 1.00 1.00 Electciolans 12.15 .92 14+1.25 .01 twit aAICR tY210ENSt Cable Splicers 13.67 .92 14+1.25 .01 San Ytancisco•ond San Mateo Ccs. 10.00 .65 .60 Contra Costa County Alpine, Amador, E1 Dorado, Electciolans 13.45 .70 11+1.00 Nevada, Placer, Saccamanto ►nit Cable Splicers 14.95 .70 1t+1.00 Volo Counties 9.30 1.00 1.70 Del Natty and Humboldt Counties Yraano County 9.80 .60 1.40 EYactcitians 10.25 .55 14+1.75 .04 C*MTMSt I Cable Splicers 11.07 .55 1t+1.7S .04 Carpenters 11.25 1.22 1.71 .75 .06 Na[dvood Floor taystat Power Saw Dpetatocal 6av Filers) Shingleral Steel Scaffold Rtactots And/or Steal $toting Erectors 11.40 1.22 1.71 .75 .06 Milltrrights ' 11.75 1.22 1.71 .75 .06 Piledtivacmen, bridge, whact and Dock agildets 12.23 ` .64 1.26 .75 .04 J , fEDERAL REGISTER, VOL. 42, NO, 79--FRIDAY, APRIL 22, 1917 tpt:CISION 470. CA77-5444 . DwIslon tin. CA77-5040 Page 3 s DECISION No. CA77-5040 Page 4 , Basic Foloye B•neHfs Parwewfs t Healy Elocettee, Fdoee Benefits psT eonfs Retes H S,Ir Pesslsss Vacation eedl*r 8esic AMr.Tr. Hwriy Elocolio* GLA2IERSs t ' Rotes N 6 N Pensions vecagos eedhr Ayyr.Tr. Alameda, Contra Costa, Merin, EI.EC7'RICIAltst (Cont'd) Monterey, tisp&, San Benito, Ytesno County San Francisco, Sen Mateo, ;,Electricians (family residences Santa Clara, Santa Crus, ,. not to exceed I stories) 3 7.75 .60 1%+.95 .05 Solano (SM from 6 of -Blactricians (3-4 stories): PalrfieldW Sonoma Counties $11.23 .92 1 1.3s .02 -Electricians 12.26 .75 1%+.95 .05 Alpine, Amador, Calaveras, Cable Splicers 13.26 .75 1t+.95 .05 E1 Dorado, Mariposa, Merced, Mahn and 0onoms Counties (North of City of Livingston), ' Electricians 12.66 .82 1%+.30 .02 Nevada, Placer, Sacramento, Cable Splicers 13.91 .82 1%+.30 .02 Ban Joaquin, Butter, Tuolumne, Macihoaa, Merced and Tuolumne Yolo and Yuba Counties 10.495. .43 1.20 Counties Preano and Remaining portions of i Electrsrians 9.03 .62 Is it Merced County 9.09 .61 1.04 .805 .05 Cable Splicers 10.01 .62 11 1t IRONNORKERSt ' Monterey County Pence Erectors 10.41 1.14 1.86 1.20 .04 Electricians 12.50 .90 1%+.75 .06 Reinforcing 11.301 1.14 1.86 1.20 .04 CAble Rplicers 13.81 .90 11+.73 .06 Ornamentall Structural 11.30 1.14 1.16• 1.20 04 Nape and Solana,Counties LATHERSs t Electticians 12.07 .68 I%+.55 .04 Alameda and Contra Casty Coe. 11.36 1.09 1.26 :.025' Cable Splicers 11.56 .60 It+.BS .04 Humboldtf, Nevada, Placer and ,• " Ban nenitu, Sent& Clara and Tehama Counties 11.00 1 .66 Iso .01 Banta Crus Counties Amsdor, 21 Dorado, Sacramento ninotrtetans 12.80 .77 1%+1.50 .05 1.00 Z" r and Yolo Counties 6.40 .40 .96 Cable splicers, 14.40 .77 1t+1.50 .05 Calaveras and Ben Joaquin • ri San rsanelaro County t Counties 10.SS .66 .55 Cierttteisno • 13.835 1.04 11+.90 .06 Marin and Bofioms Counties 9.01 .t7 .85 1.00 1/60 l . Inst >. C&hle Oplleers 15.56 1.04 11+.90 .06 Monterey and Banta Crus Counties 11,30 .6t .S5 .1 .01 t 4ABen Mstno County San Ptoncisco and Nis of Ban Rlrctrlcions 11.77 .82 14+.50 .01 "f Zt.nVATttR Cm-tTgHCTo ks 13.49 .545 .3S Iota .02 an Bo County 13.07 .i6' x.00 I .02 San Banita and pante Clara , •'/ p.1.1:VA1X1R tx*STRUCTDRS' ' Counties 10.14 .73 .75 , HrI.PhR5 70/JR .s4s .35 at+a .02 reveno County 11.4J .35 .45 ' SUNAWR Ct4r,4T1OCTORSe Mariposa. Merced and Tuolumne HELPERS IPPOB.) 5011JR Counties • 10.75 .01 Southern half of Sin Mateo County 10.03 .32 1.00 FEDERAL REGISTER, VOL.42, NO. 71-FRIDAY, APRIL 22, 1977 » W r t . " r p8CCIBIOM NO. CA71-5040 Page S DECISION NO. CA77-5040 Page 6 Gt solid Flings soaolitt Payment$ l Hwd7 Ebcotioa `: Rata N i If Paaclaa► VacaNas asUa' Balla Pdryo 6rnoHn Pgwonto T PAINTPOst Appr.Tr. Hourly Education Alpine, Asado[, Calavaras and Rates• N L M Pontloas Vacation and/st -San Joaquin Counties Aper.Tr. 4". Brush i 8.92 .70 i 2.34 S 1.11 PAINTERS1 (Cont'd) Yw. spdayl Sheeteock Tapeta[ 8vl Mariposa, Macced and Tuitions + Stags/ scattoldl Sandblaster Couptier Structural stfal 9.32 .70 2.34 1.11 Brush F 9.64 .TO .tS .7S :02 Fresno County Suing Stage, Paparhangacs, n Brush! Tapeta 11.12 .41 .20 Bosun Chairs Stands Cleaning . Spray$ structural steel 11.37 .41 .20 and Mater Blasting 9.85 .70 .45 .75 .OZ Del Notts and Humboldt Counties t Spray, Sandbastinq 10.10 .70 .45 .75 .02 Brush 7.55 .50 .20 .80 H ASTMERSt spray$ Sar.dbiastatei structure Alameda and Contra Costa Cos. 10.10 .745 1.05 .03 stoell tiring stay,! Tapersl Sutter and Yuba Counties 9.79 .56 1.00 Paperhangers 7.60 .50 .20 Ait Fresno County 9.24 .90 1.25 1.00 Nontetey, San Sesito, Ban RWtao Monterey County 10.60 .7l .35 01 Santa Clara and Santa Crus Alpine, Meador, Wavered, Counties (sxclurlinq portion* 0 Eldorado, Nevada, Piaoat, j° the Lake Tahoe Ara#) 9aocam6nto, San Joaquin, "r Brush 11.22 .99 1.30 .80 .03 $utter. Yoto and Yuba spray 11.47 .99 1.30 .40 .03 Counties 11.59 .71 1.50 .01 Tapece 11.77 .99 1.30 .60 .03 San Fcancirco County 11.78 .90 1.90 .03 Sutter, Tsha$ra and Yuba Countls San Mateo County 7.72 .46 .90 1.50 .025 . brush# Pot Tondscc Rollers 8.75 .i0 .40pa1 Notts, Humboldt, Matin, an Sprayl Sdblastairl stcuctura Napa, Solana, Sonoma and z steel$ Suing Segel Tapacr 1 9.25 .60 .40 Tehma Counties 9.80 .98 .50 1.00 .01 Lake Tahoe Area 1. ►!aclpora, Merced and Tu01urono - =4 Roush 10.95 .70 .76 Counties 9.05 .90 1.55 1.20 n t Spray# 8tcuctural Steely Taper. 11.20 .10 .75 PI.ASME.HS T1210031t[t Navin. San Erattciaco and SonosA Alameda and Contra Costa Cos. 6.07 .60 1.10 Counties Fresno County 9.80 .80 1.40 j. brush 10.77 .99 1.10 .80 .03 Marin County 6.32 .80 1.40 .90 Spray 11.02 .99 1.10 .80 .03 Tapeta 11.72 .99 1.10 .80 .03 Alava*, Contra costs, R1 t 1109640, MapA, Moved&, Placed, Bacrasent0, Solan and Yolo Counties (excluding portions o Counties in the Lake Tahoe Ars&) , Rru" 11.12 .99 1.30 .80 .03 ' Spray ' 11.37 .99 1.30 .60 .03 Taper 11.92 .99 1.90 .80 .03 a FEDERAL REGISTER, VOL. 42, NO. 78--FRIDAY. APRIL 22, 1477 t 1 I " i i 'Al VAN , nix uaetu fra.CA77-5040 Page 7 DECISION NO. CA77-5040 , Page 1 r t i 1 Basi, Frlpyo 8•neRtf P•yo.onM ---- -- Nerdy Ej•e1119n , Beate Flippo 0•0.1115 Poymosts Rotes H i M P50alons vacation 444/01 Appr.Tr. • IMA, ElocNl•0 R•tos H i X P•nsl•os vacation spy/•r Appr.Tr. j: j- Pi,ASTWERS TWI)En&r ICont'dl t Alpine, Amaenr, El Dorado, AOOFlatBt Nevada, Placer, Sacramento and Yalo Counties # 7.455 .455 # 1.40 .80 Alameda and Contra Costa Cao. a t Calaveras and San Joaquin Cos. 9.43 BO 1.40 .90 Roofers 110.94 t #L 17 # 1.10 .60 .04 h: Itanterey County 9.15 1.00 1.70 .90 Mastic Wotk*1st ltattletsen S2 s. kettles w/o pumps) 11.19 1.17 1.10 .60 .04 a Ban lrenito, Santa Clara and t vrappenj Cooalal tar b ! Banta Cru: Counties 11.00 .TO 1.40 Oitumaetloj aPlps- built up 11.91 1,17 L.;O' r.60 t.01 P6utt11:051 , Alamade County 33.10 93 1.55 .12 Alpine, Calavecas. Marlposa, i Contra Costa County 12.72 .90 1.72 ,20 Merced, Ban Joaquin t �• Del aorto and Humboldt Counties 11.49 .61 1.12 .05 TRoofers Counties and t' 1' 9' PU1MnYJiSt Stearafitterat CompositRoofers (slate, tile and Amadot {Northern half o[ altmachine and built up} 31.29 .91 .i7 ) �_- reit Machine Operator 11.44 .91 .iT ' P County), EI Dorado, Sacrsomoto, Yalo, Ntveda, Placer (excluding zl Dorado, Placer, Buttec and Yuba Counties lake Tshon Area) 13.33 1.14 1.60 .14 Rootake Tahoe Area 10.99 .58 .60 1.95 .10 esno Co 21.1119 .9S .40 Ir Marin, San Francisco and Sonoma County oofe Cootrs 11.33 .60 .10 Count l11.15 1.905 1.50 1.17 .1S Roe ry: Marini Napa, Solana and Sonoma '' es San Benito and Santa Clara cos. 14.20 .90 1.65 .14 Counties non Mateo County 11.74 1.05 1.85 1,20 .25 Roofers 10.13 .45 1.20 1.63 .•04 Alpine, Amadot {C.outharn pottlon • Of Crrnntyl, Calaveras, rraano, Mastic Noe w/o arst RettUaen (2 Zpoops) 20.31 .iS 1.20 1.13 .04 d Mt o tMrlj*yea. nrce , rtmtttey, 4 Ottumaaticr tnaatelsral Pipe- , Ran Jonquln, Renta Cruz, !utter Taitama. Tualtuane and Yvbe wcappenl Coal tat pitch 11.23 .25 1.20 r1.63 .04 n Counties 12.10 1.39 2.00 .10 , Del Norte and Humboldt Counties -m Roofers 20.31 .40 .75 .3S "41V anri Solara Counties 13.31 1.13 2,29 .16 Monterey 4A Montereeyy and Banta Crus Counties Roofrts 10.75 .90 2.15 , t San rrancisco and San Mateo Cos. l Roofers 10.93 .00 M5 1.10 .04 Mastic Workers and Rettlemen 13 kettles W/o pumps) 11.11 .60 1.15 1.10 704 Bitumastict lnaueletsj Pipe- 'a wroppecaj Coal tar 11.93 .40 1.15 1.10 .04 , AWftk FEDERAL REGISTER, VOL. 42, NO. 78--FRIDAY, APRIL 22, 1977 } � I :iA 4 :1 K 71 1 tt GY r 09C1111011 MO. CA77-5040 page 9 DCCISIOH NO. CA77-5040 page 10 G ¢f iaatc PrlsiMr i44sttt4 Psram4aim •^'� • - Healy iasis Frta54 SaastH4 Prtmeatr 14146 H B M fv461464 Vocals** salla Hsedr - Egl4calisa _ Avvr.Tr` DPRiNMLER FITTERS$ Rates H A M Pa851446 V+cstioa 404141 400FFASl (CantsAlameda, Contra Coater Karin, Avvr,Tr. Amadoc, Baccasento and Yala Napa, San Fr&ncleca. San Mateo, Counties • Santa Clara, Solana and Sonoco ttoafeca ;10.11 $1.04 ; 1.10 ; 1.00 .07 Counties $15.61 .60 .90 .09 'Rnamolers and Pitch 11.11• 1.04 1.10 1.00 .07 Remaining Counties 14.62 .60 .90 .06 Ban Benita and Banta Clete Cos. STFJIMFITTERSI A wferes Sattlem&n (1 kettle) 10.10 .65 1.14 Alameda and Contra Coat& Cas., 13.10 1.25 2.29 .165 Sun?NRTAL MDRE[MI Dal Norte and Ilumboldt Cos. 11.64 .61 1.12 .05 Alameda, Contra COAL&, Map& TERRAZZO WORXFJESt and Solana Counties 11.25 .66 1.95 12 .04 Alameda, Contra Costa, Del Alpine, Calaveras and San Harte, Humboldt, Karin, lisp&, Joaquin Counties 11.77 .66 1.40 .02 San Francisco, Ban Mateo, Amadot, 11 Dorado, Nevada, Solana and Sonoma Counties 11.02 1.40 .93 1.00 Placer, Saccaalento, Sutter, C1 Dorado, Moved&# Placer, Tehama. Yaia and Yuba Cos. 11.09 .66 1.44 .09 Sacramento, Suttee, Tehama, Marlposs, Merced &nd Tuolumne Volo and Yuba Counties 11.50 .60 .90 .25 Counties 11.14 .60 1.10 .06 TILE SL'7'TERSs Monterey. Ban eanitd, Banta • Alameda, Contra Coat&, Dal Cissa and Santi Cruz Cos. 11.15 3111*.66 1.545 1.115 Norte, 11 Dorado, liumboldt, San Mateo County 12.62 .66 1.51 .12 Marin, Napa, Nevada. Placer, Del Norte, Humboldt, Marin, Sacramento, Ban Bonito, Ban San Francisco and Sonoma Cos. 12.50 .66 1.74 .12 Francisco, Ban Mateo, Santa Fteano County 5.75 .66 1.22 .09 Clara, Solana, Sonoma, Sutter* SOFT FLOOR LAyr"l Tahoe&, Yolo and Yuba Cos. 12.00 .95 1.20 1.40 .095 z Alpine, Amadot, Calaystaa, Alpine. Amador, Calaveras. San 0 Noticed (last of the San Joaquin and.Tuolumne Counties 10.27 .55 .30 1.00 Joaquin River), San Joaquin, Fcesno, Natiposa and Merced f 1 Sacramontot Sutter, Tehama, Counties 9.60 1.00 .50 Lmn Tuolumne, Yolo and Yuba Montetsy and Santa Ccus Counties 11.99 1.01 .91 Countless and those portions of 11 Dorado, Nevada and Placer PAID HOLIDAYSt Counties (excluding take Tahoe A-New Yeac's Days B-Memorial Days C-Indope dance Das D-LAbot Days Area) 10.23 .79 1.25 1.00 .10 L-Thankeglying Days F-Christmas D y, sake Tahoe Area 10.05 .70 .20 Alameda, Contra Coat&, Marin, 1.00PTHOYES1 ccud, Monterey, Maps, San a. Employer contributes 46 of has a hourly rate for over 9 ye re' ser ice bonito, San Francisco, San and 2% at basic hourly cats to 6 month to 5 voice as V&c tion Pa Mateo. Santa Class, Santa Ccus. Credit. Six Paid liolidayrl A through . Solana and bottom# Counties 11.30 .60 1.00 b .10 b. moployer contributes $.90 per aur for he first five year 'of espityments Attat five Yeats ;1.05 per hoes to Vaca ion and allidays netits. ti �slt� i j FEDERAL REGISTER. VOL. 42, NO. 711--FRIDAY, APRIL 17, 1977 �� ntrirttitt til. W7-So 4i t - N`'•"' it owis1on No. CA77-5040 Page 11 DECISION N0. C477-5040 Page 12 LABORERS Gcoup Is Asphalt tronars and Rakerst Berko, Wacker and,itailar , FrinpeDenePay-#'M$s Petn$ type tempora; Suggymobilet Chainsaw, (allot, logloader and 8.0c 110#4Y Edrra$tee bucker$ Compactors of all types[ Concrete and magnesite mixec + + Rotes MLN Ponstan• vcs$)en rnif•r 1/2 yard and under) Conctats pan worki Concrete saw) Concrete Ap►r•Tr. sandect Ccibbet, and/or shoring; Cut granite curb setter[ lora I,( !' caieecsl Slip forms) Green cutters, Headerboardmen, Rubsetters,' `'LARoltER4 Aligneret.Jackhaimnec operators, Jacking of pipe over 12 inchest Jackson and similar type Compactors; Rdttlemen, Potmen and sen `Group 1 t 6.295 i 1.00 ; 1.70 .90 .10 applying asphalt, lay-Road, creosots, lime# caustic and similar t ., toup 1(4) 4.S2 1,00 1.70 .90 .10 type materials[ Lagging, shooting, whaling, brooking, trench- ,Group l(b) 9.795 1.00 1.70 .90 .10 Jacking, hand-guided lagginghammert Magnesite, epoxyr*sin. 1 •Otoup I(c) 6.345 1.00 1.70 .90 .10 fiberglass, and mastic workers (wet or dry)[ Pavement breakers }1}roup I(d) 4.245 1.00 1.70 .90 .10 and spadecs,,ineluding tool grinder[ Pipiloyacs, caulkers, hinderer Group 1(*) 6.645 1.00 1.70 .90 .10 pipewrappers. conduit layers, plastic pipelay*rs) Post hole 1 ) Group 1(t) 6.495 1.00 1.70 .90 .10 diggers - sit, gas and electric[ Prower broom aweepera) Power Group 2 4.145 1.00 1.70 .90 ;10 tempers of all types (except as shown In Group 211 Ran set gun ' Group 3 4.045 1.00 1.70 .90 .10 and stud gent Ripcap-stonspover and rack-slingar, Including placing of sacked concrete and/or sand (wet cc dry)s Rotary scarifier, + multiple head concrete chipparl Davis trencher - 300 or 4!iuilat' type (and all small trancheco)) Roto and Ditch witchl Roto- WnoapRS' tiilert Ssndblsatersr Potaun. Gamin, Nosslesanl Signalling and (Gufwtlte) Rigging# Tank Cleanest Tie* elisdxral Vibra-aeceod- Bull float in connection with laborers' work# Vlbcatorst 0ci-psk-it au►chine)' ,• 1' Otnup It 4.755 1.00 1.70 .90 .10 High pceaaur*s blov,pipe (lyr or over, 100 lbs, pressure or ova,))" ' croup 2s 4.165 1.00 1.70 .90 .30 Hydco Seeder and sisllar typo) Least beam in connection with Otoup 3t 4.045 1.00 1.70 .90 .10 laborers' work t i Group 1(a)# Joy Drill Model IM-2AI Gardener-Donver Model 08142' S r and similar typo dellis) Track dcillecot Jack 1*9 drlllers7 !•" .),� $ Z Diamond drI11*to) wagon drillers[ Mechanical drillers - all t types regardless of typo cc method of power[ Multiple unit dtilis) sloststs and Pow4srment All work of loading, placing A and blasting of 411'powder and *wplcetvoe of whatever type Co. gacdiess of method used for such loading an$placing) sigh t r s '`,, • �► seat*to (including dcllling of sash)# 'lose toppotl sit grinder. Oroup l(bl t swet Cleaners croup 1(c)$ sucning and Melding ; t 1 it + ,. '. .• t + •; i ,•' � rime we W4 FUHRAL REGISTER, VOL. 42, NO. 78--FRIDAY, APRIL 22, 1977 . ,. ' r DECISION MO. CA77-5040 Page 13 DECISION N0. CA77-5040 a Pago 14 N O ' IASOREAS (Contd) t ' r U� Group I(d)$ papstr,Trsckesn and toad beds (cut and cover work , of subway atter the temporary cover has been placed) basic Besse Hain Benefits Poye„nls ;'•Group 1(a)s Laborers on general construction work an or initovrft' itemit EduceNon " Retes Rotes li 6 N Pensions Vacation and/e, -AwIl holo footings and shaft Avps.Tt. Akoup 1(1)4 Contra Coat& County Only$ Pipelayers, Caulkers, Powkx DQu1PtiENT OeBxATOtts AREA 1 A)Wl 2 •11149andecs, Apawrappers, Conduit Layers and Plastic pipslayetsl Pressure Pipe Teatat, no joint pipe and stripping of sant, f Group is { 8.70 $10.10 0 1.356 i 2.00 .90 .24 Including repair of voids, Precast Manhole Setters, Cast in Group 21 9.05 10.45 1.356 2.00 .90 .24 pjace#'IKanhole Lata setters Group 31 9.26 10.66 1.350 2.00 .90 .24 Group 2s Asphalt Shovslsrs Cement dumpers and handlingdo cement Group 4s 9.81 11.21 1.350 2.00 .90 .24 of gypsualpChoke-settar and Rigger (clearing work)) Concrete Group 6s 10.02 11.42 1.350 2.00 .90 .24 � Group 64 10.17 11.57 1.35• 2.00 .90 .24 Bucker Dumper and Chutemani Connote Chipping and Geindingi Group 71 10.32 11.72 1.150 2.00 .90 .24 Concrete Laboc•es (wet of dcy)i Driller's Bslparl Chuck Tsndsct Group 81 ' 10.72 12.12 1.350 2.00 .90 .24 Yostleaan, adductors) Mydroutic Monitot (over 100 lbs pressure)) Group 9r 10.94 12.34 1.150 2.00 .90 .24 Loading and unloading, carrying and handling of all rods and Group 10s 11.14 12.54 1.350 2.00 .90 .24 mateclala tot use In reinforcing concrete constructions PLttaburgh. Group 10-Al 11.25 12.65 1.350 2.00 .90 .24 Chipper, and statist type Brush Shceddecsl Slopecl Singlefoot, Group ler 11.42 12.02 1.356 2.00 .90 .24 hand held, pneumatic tampers All pneumatic, air, gas, and electric Group 12-At 12.49 13.95 1.350 2.00 .90 .24 tools# Jacking at pips under 12 inches Group 11-5$ 12.77 14.25 1.35o 2.00 .90 .24 Group 2s All cleanup work of debris, grounds and buildings including Group it-Cs 13.07 14.55 1.350 2.00 .90 .24 but rot ltalted to street aleanacal Cleaning and washing windows! Conatcuction laborers including bridge and general labotscal 02noludes $,23 per hour to + s� Dumpman, load *puttees ficM Natchars Sttest Cleaneca4 Gardeners, j Pensioned Health and Walter* fund. Boctiaultural and landscape laboretai Jetting$ Limberal Brush z Loadecsl Filers, maintenance landscape iabotera on new constructions O 44a1nte$sarsccs, Repair Trackman and Read bedas Streetcar and aallroad -44 construatlon Track Labours, Taapocary air and water ILnss, Yietaultc A or stellar# Tool coon attendants pence itreetucso Guardrail Stectocal ' M Pavement K&Fkota {button setters) i LABORERS (Gunnits) Group 14 Moasie"a tincluding Gurwn, Aots,aa)# Sodneni aroundnan Group,24 Isabound"Is r Group 3t Gensr&l Laborers r assail 14 I 1 FEDERAL BEGISTEB, VOL. 42, NO. 78-FRIDAY. APRIL 22, 1977 . nr'mss011 stn. rn77-SO.tn l r•-°... !i PVC 0100 H0. CA77-5040 page 15 DECISION NO. C477-5040 Page 16 POWER DJUIPMEttr GPFRA7VrS POWER EQUIPMEttT OPEPA70RS (Conttd) AREAS 1 and 11) (AREAS i and 11) + 4 Group It Assistants to Engine-!t5 (Brikemans rlresanr heavy Duty Repairman Group 7s Concrete Conveyor or Concrete Pump, Truck or tguipmsent mounted Helpers oilers Deckbandl Signalman; Switchman; Tar Pot rireman)s Partsman (boomblength to appy)$ roe Pump andsimilar building sitel Deck rngineerol (Heavy Duty Repair chu op parts room? xlConY p ypesl Gantry Rider (or similar)! itydra-Hammer (or similar)r Material Hoist (2 ac more dcuss)s Group 2t Compressor Operators Concrete Mixer (up to and Including I yard s Mechanical rinishera or Spreader Machine (asphalt# Barbec-Greene and Conveyor Delt operator (tunn.l); Fireman riot Plants Ilydraulic; monitors similar); Mine or Shaft Holst; Mixermobiles Pavement Breaker with or. ' Mechanical Conveyor (handling building materials); Mixer Box Operator without Compressor Combinations Pavement Breaker# truck mounted (concrete plant); pump Operators Spreader Boxman (with ocroeds)s Tar with Compressor Combination/ Pipe Banding Machine (pipelines only)► Pot'riteman ipower agitated) Pipe Cleaning Machine (tractor propelled and supported)E Pipe Wrapping Machine (tractor propelled and supported)l Refrigeration Plants Roller Group 3t Box Operator (bunke))r Helicopter Radioman $signalman)t Motor- , Operator (finish asphalt)$ Sett-propelled boom type lifting device (center mahi'locumotives oiler; Huns Catcier (construction job site); Rotomist mount) (10 tone or lees M.R.C.11 Self-propelled elevating Grade Planes Oiozatots Screedman (excep) asphaltic concrete paving); Self-propelled# Blusher Operatort Small Tractor (with boom) Soil Testers Truck type loader automatically applied concrete curing machine (on streets, highways, Group Sr Armor-Coater (or similat)l Asphalt Plant rrgineecr Caat-in-Place airports and canals)1 Trenching Machine (Maximus digging capacity 3 ft. depth)I Tugger Hoist, single drum; Truck Ccene Oiler Pipe Laying Machines Combination Slumber and Motor Operator$ Concrete Batch Plant (multiple units)t Dozerl flooding Shield operstors Heavy Duty Group 4s Ballast Jack Tampers Ballast Regulators Ballast Tamper Multi- Repairman and/or Welderi Ken Seal Machine (or slrilarli Raisers Waders purposes Wxman (asphalt psant)s Elevator Operator (Inside►; Fork Lift loader (up to 2 VolI Mechanical Trench Shields Portable Crushing and or Lumbet Stackor (construction fob site)# Line Hastert Lubrication and Screening Plants; Push Cott Rubber Tired tarth-moving equipment (up Service Nngineer tmobiie and grease rackli Material Hoist (1 drum►j to and Including 4S cu, yda. *struck* m,r,c.) tuclids, T-Pulls, Lal-10, 20, Shuttlecats Tte Spacers Tuwermobile 1 21, and slttlars Rubber Tired Dozers Self-propelled Compactor with Dozer) Sheapfoots Timber Skidder (rubber tired or similar equipment)r Tractor Group St "%C esoor operator Is to 711 Conctete mixers lover i yar4)1 drawn Scraperl Tractor Trenching Machias! Tri-batch Pavecl Tunnel Mole Cuncrste ruip+e or Pumliciete Gums Generators 1100 K.M. or overll Boring Machines Welder# Woods-mixer (and other siallai Pugmill agulFutnt)' Grouting Mschinet Ptessweld (sit-opetatidti Pumps (2 to T)t Welding t Machina& iswered other than by electricity) 12 to 71 , Group 91 Canal Finger Drain Diggers Chicago Boost Combination Mixer'snd .' Q Compressor (qunite)s Combination Slurry Mixer and/or Claanetr Bighline+r Or"up 61 RtA Lima Road Pactor or slallaft Sooty Truck or Dual Purpose Cableway IS tons and under); Wil H(-Lift or slmilar (20 ft. or over)r A-rts,.e tracks Concrete patch Plants (vet or dryll Concrete Saw Isslt- Mucking Machina (rubber tire, rail or track typels Tractor (with bowl. Ptnlvi le+l unit) on streele, highways, airport• and consist Drilling and ID-6 or larger and similar) ^. ' M+ting Mu hine#y, vettleai and horlsontal (not to apply to waterliners, waynn dsllla or )ackbamnersir r.radeoetter, Grade.Cheeker (mechanical or Group 10i Boca-type Backfilling Machinet Bridge Cranes Caty-lift (cc,; dthet-witch Highlins Cabieway Sign&imanl Locomotives Istsam or over 30 similar)! Chemical Grouting Machines Combination Backhoe and Loader", , tnnolI maitants Internal cull Slab Vibrator ion airports, highways, Canals (up to and Including 1/2 cu. yd, m.r.e.)t Detrick (2 operators requited ood wteh,wses)t tirchanical Finishers (concrete) (Clary# Johnson, Didvell When swing engine remote from hoiat)r Derrick Barges (except excavation ; nridyn Deck of similar tylrs)l Mechanical Buta# Curb and/or Curb and, work)! Do-Mot Loadecl Adams tlegrsdors elevating Grader$ Heavy Duty Gutter Machine, conctete or acpbalts Portable Crushers Past Driver Rotary Drill Rig (including Caisson roundation work and Robbins type "t 01-1500 aswi aimilar)i Pnwet Just" Operator (setting stip forest etc, drills)# Koahring Skoapac (or sisllat)s Litt Slab Machines (Vagtborq and in tunnelm)s Rollers Screedm,in (Darbar-Greene and similar) (asphaltic similar typos)# Loader (2 yda. up to and including 4 yda.)) locomotive concrete ikivtng)t Self-ptot-lied Compactor (single engine)# Self-pro- (over 100 tons) (single of multiple untts)t Multiple Engine tarthmoving pulled Plpvltna Wrapping ►machine, Perault, CPC, or similar typoall Slip Machine (Euclid;. Doxers, oto.) (no tandem seroper)t Pre-streis wire Forms Pum#+a (lifting device for concrete forms)# Small Rubber Tired wrapping Machlnel Reservoir-Dobris Tug (self-propelled boating)# Rubber- Tractors Su#race Heater tired 6crapor, self-loading (paddle wheels, etc.)# Shuttle Car (reclaim station)# Single Engine scraper over 4S yds.! Soil Stabilizer IP a B or squalls-Sub-grader (Gurries or'other automatic typelt Traetot, Cas- pressor Drill Combination$ Track Laying type earth moving machine (single ongine,w(th tandem! scrapers); Train loading stations Vacuum Cooling Plants i Whitley Crane (up to and including 25 tons) �s�p rte+►, w, FEDERAL REGISTER, +VOL. 42, NO. 78.-FRIDAY, APRIL 22, 1977 DECISION MO. Cit77-SO40 page 17' DECISION No. CA77-5010 Page 18 t POWER t' 01Pi M GPtOUITORs (Cont'd) O (AREAS I and 21) Gro p.10-A1 Sackhos !hydraulic) (up to and Including 1 cu. yda. m.r.c.)I Seale ftlefe 84001116 P•rm•e;e _ iackhoe $cable) {up to and including I cu. yd. m.r.c.)i Combination Sack- N•u,tf �� Educclisn ttoiwend Loader over 1/2 cu. yd. g.e.e.)# Continuous Plight Tie Sack Rua m L M penelems voc•llen end/ed hii"t (up to and including 1 cu. yds.) (erant attached)! Crane* (not over TRUCK DRtViGt9 Appd It. 25^tons, Uammerhead and Gantry)I Gcade-ells (up to and including 1 cu yd.)I power Shovels, Clamshells, Dcagiines, (up to and including i cu. yds. SULK CIMIT SPRCARER (w/wo m.r.c.)1 power Slade (single angina)! Self-propelled Doom-type Lifting auget, undue 4 yda. water Device (center mount) {over 10 tons)! Self-propelled Boom-type Lifting level); pun or Nanhaul driver! Device (center mount) (over 15 tons) Concrete pump aach)nvt Group lit Automatic Concrete Slip form Paver# Automatic Railroad Car Concrete pump truck (when Dumper! Canal winger Drain Hackfillec# Canal Trimer! Canal Trimmer flat rack truck is used w/ditching attachments! Cranes (over 25 tons up to and Including'125 shall mate flat rack dere tons)( Continuous Plight Tie Sack Auger over I cu. yd. (including arane)s shall apply); al)lDump Iumlccnder 4 Drott Tcavelift 650-A-1 or similar (45 tons or over)$ bighlina Cableway yda. water lavelll Dwate ate (over 5 tons)$ Loader (over 4 yda., up to and including 12 cu. yds.)! Power Lavelle eundo[ / yda. dor 4 Sleds (multi-angina)! Powe Shovels, Clamshells+ Draglinee, eackhoss, laver)! vellfDUMPOEs {undo! 4 yds, Grade-alle (over 1 yd. and up to and including 7 cu. yda. ■.r.o)# Rubber- tired earth moving machines twltipls propulsion power units and two cat driver# Nipper truck (when 'or more @ampere) (up to and Including 75 cu. yds. 'struck' ■.c.e.II Half- flat rack truck In used propelled Compactor (with multiple propulsion power Unit )I Single engine appropriate flat rack data Rubber-ticed Earthmoving Machines (with tend*& scrapers); Slip loan shell spbox, undePickr 4n$ skids Paver (concrete or asphalt)! Tarutem Cats; Tower Cranes Mobtlal Trencher levIdebrie boa, under 1 yds. water (pulling attached shield)$ Universal Liebhec and Tower Cranas (and similar lavel)r Team drtvacre Truck, types)► Wheel Excavator (up to and including 750 cu. yd.pet hout)l Whitley (dry pre-batch concrete six, Crane (aver 2S tons) under 4 yds. house 1eva1ll Uelprrss Warehousemen t 4.905 i 1.195 .70 11.00 Z Group Il-At Sand wagons (in conjunction with Wheel Cscavator}i pranes SULK CENENT HPRP.ADI7t Iw/wa O (over 125 Lona)# Loader (over 12 cu. yda.& up to and Including is cu. yds.)! Power shovels and Draglines lover 7 Cu- ds., m.r.e.)I Rubber Tired multi- auger, t yda. elli Dump 6 M 9 y - ds. wader levrl)I Dua (4 ►� purpose RActh moving machines (2 units over 75 Cu- yds. 'struck' ■.r.e.); yds. 4qd under 6 yds. water L Wheel RAeavato[ {over 750 cu. yds. pec bout) , level)I Dumperety 14 yds. and Group 11-ltd Loader (over is cu. yds.) under 6 yds. water Tevul)t _ Dumpster (4 yds. and undue 6 Group 11-Cd operator of Helicopter (when used in erection work)) Remote yds. water level); Skids (debris box1 yda. and under 6 yds. Controlled Earthmoving Equipment water Ievel)i Single unit Tla4 tack (2 Axle unit)! Industrial Litt Truck tmachanical tailgate) Trucks (dry pre-batch concrete mis, 4 yds, and under 6 yda, water level) 10.00 1.195 .10 1.00 dLTEING TRUCK and NATili TRUCK (under 2,500 gallons) 10.015 1.195 .70 1.00 t - 1 . . t FEDERAL. SEGIti7E11, VOL. 42, NO. 7S--FRIDAY, APRIL 22, 1977 '' Peyer 34 i C :CI�iOtl tRl. rA77-6040 l I I owiSiort tin. CA77-SO40 page 19 OECISIpH Ito. CA77•SOdO Tags 20 :tp e }. fire"Barrtits Tgneats Petnfa Seaa(ks Pay.aanis Basic Basic Notely Edrenlaa Newly EdacaNan Rates N R W Taastaas V•tatlon aod/or Rates N L T Pandans Vacall•n and/rt Aha.It. TRUCK URIVYR �Cant'd� Arte.St. BULK CEN121T SPRCAOtR .(w/so Li"JITimys, York Litt i 10.035 $ 1.19 .10 $ 1.00 auger, 6 yds. and under'$ yds. water level►$ poop 16 TRAOSIT MIX, AGITATOR yds. and under $ yds, Water �1%nder 6 yds.) 10.055 1.195 .70 1.00 , level), Gusperete (b yds. ; V, ,,,, and under B yds. water level)t '-TRUCK REPAIt1RAN HELPER 16.075 1.195 .70 1.00 Uuapster (6 yds, and under 8 yda. water levei)1 Skids (debris .i VACUUM TRUCK under (1,500 • box, 6 yda. and under $ yds. ,fit{1lonsi 10.005 1.195 .70 1.00 valet level)$ Trucks (dry Ors- batch concrete six, 6 yda. SCISSOR TRUCKt Single unit and under B yds. water level) $ 10.20 $ 1.195 .70 $1.00• flat rack 0 dale unit)) Induetrial Litt Truck A-PRAMS, WHICH TRUCKS) (nschanical taiignte)) Suggysobilel Hydta-lift+ SNAIL tutd,er tired tractor Swedish crane type (jetting)$ i (when used within tsasatet" Jetting and water truck jurisdiction) 10.10 1.195 .70 1.00 (4,000 gals. and under 5,000 gals.)$ Rubber tired JKM'IPI TntKx 6 WAT►A TRUCK Jumbo 10.315 1.195 .70 1.00 (2,500 gala, under 4,000 gals.) 10.113 1.19S .70 1.00 HEAVY 0t1TY TRANSPORT COMnINATtaN WINCH TPOCK (high bad) 10.x2 1.195 .70 1.00 WIT11 1I0I3T1 Transit, Z Nis Ag1totor 16 yda, and ROSS OYSTER and SIMILAR 0 under B yda.) 10.155 1.195 .70 1.00 STWOLti CARRIER 10.265 1.195 .76 1.00 „e VACUUM TKUCK (),500 gals. T"ttSIT NIX AGITATOR i ( M 4, and under $.SOO gats.) 10.165 1.195 .70 1.00 to yda. through 10 yds.) 10.255 1.195 .70 1.00 � RUUUES-714110 MUCK CAR (not VACUUM TRUCR (So$00 gala. telt-Ioad+al 10.175 1.195 .70 1.00 and under 7,500 gale.) 10.265 1.195 .70 1.00 JLTZiNO TRUCK 6 WATER TRUCK (5,000 gals. end under 7,000 9412.) 10.115 1.195 .70 1.00 } ; itla� APRIL Ir FEDERAL REOISTER, VOL. 12, NO. 70---FRIDAY, A1, 1977 y: t .t s� DECISION NO. CA77-5010 , Page 21 mct&1ON no. CA76-5040 page 22 tv 'eK Eaalt Playa BenefitsPoyr.»nla Eads Prinya 6anaUU Payments /lwdy Edoc»tier Newly _` + R»Ira N i EocaE M Paaaaaa Y»c»ttan dalon Rates N i k Paaciant Yocad»n ondl»rApTr Nt TRUCK Appr,Tr. •wr 451tX39 DRIVERS (Cont„_d}. BULK CM NT MEADER (w/wo TRAVOIS Hilt STATOR {over Auger, over 12 yds. and Including 18r. ds, water 4 10 yds. through 12 yds.) $10,355 0 1.195 .70 $1.00 y lavul)$ Dump (over 12 yds. and Including 18 ydu. water • EUIX Cb1ENt SPREADER (v/wo level}$ Dumperate lover 12 auger, t yds, and Including 12 yds. water level)} Dump yda, end including to y(o M (t yds. and Including 12 avatar .avail! cluding (over yda, water levelly Dumpecots 11 yda, and Including eb yda. r 0 yda. and Including 11 water lev�li$ Okida idinclu yds. water level}$ Salt- box: s. 12 yda, and including propelled street svesptr (d yds, avatar level); Trucks With Malt-cuntainsd talus* (dry pre-batch concrete mix, binl Skids (debcls box, t over 12 yda. and including i yda. and including 12 yds. water 18 water level) 1 10.40 $ 1.195 .?8 =1.00 lsysllo Snow go and/or snow ` P.D. OR SIMILAR TYPE plows Truck (dty pre-batch ' concrete mix, 0 yds. and OELy-101101MG ri70 1.00 tuCK 10.51 1.195 1 ZLncludtnq 11 yds. water 1TRUCK REPAIRMAN 10.575 1.195 .10 1.00 lovelll Dumpatar IS yda. and tncluding 12 yds. watt[ BULK HENT SPREADLIt IvIvo ley*l) 10.44 1.195 .70 1.00 auger, over 18 yda. and 'Z WAVY DM TPAMIPORT - Including 24 yds, water Q oosck lowbadl 10.45 1.195 .70 1.00 level}$ Combination dump and dump trailed Dump (over 10 M yda. and including 24 yda. y, ISANOIT NIR AGITATOR water level)$ Duropccete (over (ova[ 11 yda. tbtough 10 yds. and including 2/ yde. 11 yda.. . 10.455 1.195 .70 1.00 water leval)l Dumpater (over ill yda. and Including 2/ yda. ` A I water lsvellt Skid (debtlx lox, over 1B yda. and Including 24 yds. water leval)t Tranw(t mix agitator (over 12 yds. through 16 yda.11 Trucks (dcy • r $ pct-bitch concrete mix, over ' 17 yds: and including 24 yda. water level} 10.305 1.195 .70 1.00 r In I FEDERAL REGISTER, VOL. 42, NO. 75--FRIDAY, APRIL 22, 1977 1 .,r:.rw•..«. ...,,.,,.•,.. y � f, •1 t 5 j f5i W`��•}tfJ ' r DECISION IRI. CA77-5040 Page 23 oacISI4R NO. CA71-5040 Page 24 , , r . Friaaore.eebee.,ito Pis frlop Ssrr.Rtm Paymwts ` + n.,tt beat 4 , K►.rlr Edvesttoa Kenir Elaconea Re{os K L N Pensions vas,iea oadhr Rota K i,k Possloas vetetwo seder , Jy►r. 6 , 1 "- 'Mom DRIVI7oSt (Cant'd) Appr.Tr. TRUCK DRIVERS ICotttrdl Tr. + oUL•Il•CIMENT SPRSPDER (-/Wo BULK COOT SPREADER w/wo ' {' Yugir, over 24 yds. and In- auger, over SO yds. and under oltiding 35 yda, water level)l 65 yds, water level), Dump ;i.,•.+ DtWp laver 24 yda, and In- lover SO yds, and under 65 ol.uding 35 yds, water levolli Yds, water levelli Dumperets �•' ' Dumperete (over 24 yda. and (over $0 yda. and under 65 yda. 1 !; including 35 yds. water lave u r water level)$ Dunpstar (over SO Utmpater lover 24 yds. and * I yda. and under 65 yds. water Including 35 yde. water love111 levelit Kellcoptot pilot (whin ON to'*, 20's, 21's and other transporting sen or adterlals)$ similar cat type, Terra Cobra, skids (debris box, over 50 yda. LeTournespulle, Tournarocker, and under 65 yds, water levell$ Euclid and similar type equip- Trucks (dry pre-batch canotete Ment when pulling Aqua/Pak or mix, over SO yds. and under 65 water tank trailers and tuel yds. water level) i 10.94 S 1.195 .70 $1 00 and/or grease tank trailers or other disc, ttatlorat skids BULK CMENT SPREADER IV/w0 (debris boa, over 24 yds. and auger, over 65 yds. and , including 35 yda. water level), including S0 yda. water Truck (dry pre-batch concrete lsveill Dump (65 yda. and slit, over I4 yda, and including including SO yds, water level)$ 35 yam. water level) t 10.64 1 1.195 .70 $1.00 0 Duaperets (over 65 yds.-and o 4 0 including d0 ydi, water lowell, -4 aa� SUIK Cd4KT,T SPRIUUIER Iw/wo Duapater (65 yds. and including ; M • &tiger, over IS yds. and 60 yde..water level)$ skids +' r'. N Including $0 yds, water lovollo (debris box, 6S yda, and D%wap lover 15 yds, and including inoluding ao yda, water loyal), SO yde, water Lovell$ Duele:reta Trucks (dry pro-bstch concrote (over 3S yde, and including 50 mix, 65 ydo, and including yda. water level!, D wspster (twe 60 yds. water level). 11.09 1.195 j .70 . 1.00. f I , ' 35 ydo» and Including So yda. watat 'levellt Skids (dehris l,ca, over 35 yds. and Including 50 j t yd6. water level)l Trucks Idly pro-batch c"crete ■Is, over 35 yda. and including 50 yda. water level) 10.79 1.195 .70 1.00 cz FEDERAL REGISTER, VOL. 42, NO. 76—FAIDAY, APRIL 22, 1971 Y } l 1 iG DOC$#IOM tK1. CA77-5010 Page 25 DECISION NO, CA77-5010 Page 24 N ..--,..� CALI FORI(IA Newt Pdasa#e040ts Payments AREA DEFINITIONS for Zi r'•tr Mostly � POWER EQU1P21£IIT OPERATORS Rates E�urallsn H l M Paasbsa Vsuttea anJ/rr **AR* EA2t All areas not included within Area 1 as w"UM DRIVERSs Cont'dh Ap►t'Tt. defined below. -r .MILK CWMIT SPREADER r/ro h$y aeugae; over 80 yds. and *AREA Ii All areas Included In the descriptlon _including 95 yda. water defined below which is basad upon township t level)I Dump lover 60 yda. and range lines of Areas I and 2. and including95 yda. wa levallj puter Commencing In the Pacific ocean on the extension of the Southerlytp rpecate•lovec #0 tine of Township 19S. t yds. and Including 95 yds. Thence Easterly along the Soutburly line of Township 195, crossing th rater level!$ Dumpatot (over the Mt. Diablo merldian to tilt S.W.S.W, corner of tuwsh ,i+ ip 193, "I 60 yda. and Including 95 yda. range 6E, Mt. Doiolo bate line and meridian, i rates level!! da.Skids $dentia Thence Southerly to the S.W. corner of township 20S. range 6E, a box. over to yds. and Trucks Tltvnce Easterly to the S.W. corner of township 20S, raugo 13E. 1d yda, water levaili Trucks Thence Southerly to the S.li, corner of township 21S. rang* 13E, oder ate-batch eoocclud*tq tai:. Thence Easterly to the S.W. corner of township 21S, rangu 17E, over #0 yda, and including Thence Southarly to the S.W. corner of township 22S. range 11E. I` 95 yda. water level) ; 11.2e ; 1,195 ,TO ;1.00 Thence Eastarly to the S.E. corner of township 225, range 17E. pdf< Thence Suutherly to the S.W. corner of.township 2}5, rangs'l8e, Thence Easterly to the S.E. corner of township 23S, range IBE, i± Thence Southerly to the S,W, corner of township 24S2 rang* 19£. ' (ailing on the Southerly line of Kinds'County. thanee Easterly along the Southerly boundary of Kings a.. County and the Southerly boundary of Tulare County, to the S.E. corner of township 245, range 299, Z Thence Northerly to the N.E. corner of township 21St range 299, t Thence Westerly to the N.G. corner of township 21S, range 29E, y Thence Northerly to the N.E. corner of townuhip 13S, range ME, Thence Westerly to the N.W, corner of township 13S, range 28E. rn •' t, Thence Northerly to Lite N.E. corner of township LIS, range 27E, to Thence Westerly to the N,W, corner of township LIS, range 27E, a Thence Northatly to the N.E. corner of township LOS, range 26E, t Thence Westerly to the N.W. corner of township los, range 26E, Thence Nocthutiy•to the N.E. corner of township 9s, range 25E, s Thence Westerly to the H.W. corner of township 9S, rangu 25E, Thence Northerly to the N.E. corner of township SS, range 24E. ,• Thence Wasterly to the N.W. corner of township #S. range 24E, . Thence Northerly to the N.E. corner of township 6S, range 23E, r Thence Wastarly to the S.E. turner of township 5S. rangu 199, s Thence Northerly to the N.E. corner of township 55, rrage 19E, Thence Westerly to the N.W. corner of township 5S, ran#* 19E, Thence Nottharly to tite M.E. corner of township 3S, ,range IBE. Thence Wastarly to the N.W, corner of township 3S, range IBE, ' Thence Nurthurly to the N.E. corner of township 2S„range 17E. a Thence Westerly to tite N,W, corner of townihtp 2S, range 17E. ;b Thence Northerly crosing the Mt, Diablo baseline to the N:9. corner of towush(p 2N. range 16E. Thence Westerly to the N,W. corner of township 2N. range 16E. 2' Thanee Northerly to tite N.E. corner of township 3N, range ISE, Thence Waeterly to the H.W. corner of township 314, range ISE. A." � Thence Northariy to the I(.E, corner of township SN. range 14E, FEDERAL REGISTER, VOL. 42, No, 78-FRIDAY. APRIL 22, 1977 ' $1 'w t r, t 4 f r �•' i i y. }Ii 1 r I n'y UFCtt;ION irJ. G77-5010 _ 1'ago :7 DECISION NO. CA77-5010 ~ Paye 20 y` GLirOPN1A ` AREA VCfINLT1UNS for PUWER tWlPHFtIT UVERATURS (cont'd) POWER EWIMEW OPEI1ATOits (cont'd) +Acca ( (cont'd)t +Area 1 (cont'd) Thence Masterly to the N.V, Coiner of township 411, range 149, Theme Westerly to the S.E, corner of tovnshtp 1611, range 12W, Thence tlortherly to the N.E. corner at township 511, rango UE, Thence Northerly to the N.E. corner of township 16t1, range 12W, ' Thence Westerly to the H.W. corner of township 514, range 1190 Thence Westerly to the N.N. Cotner Of township 1640 range 12W. Thence Northerly to the N.E, corner of township ION, iaugn 17E. Thence Northerly'to the N.C. carrier of township IBM. rang• 13W, i Theuco Easterly to the S,E. corner of towuship illi, range 1468 'Thence Westerly to the N.W. corner of township ION, range 1410 ' Theuce Northerly to the H.E. corner of township LIN, range 14E, Thence Southerly to the S.W. corner of township long' rfnga 140, Thence Westerly to the N.E. Ceelen of unwnshlp lINO range 1090 Thence Easterly to the S.C. Cotner of township ISN, ranbe 1410 Thence Northerly to the I.C. carrier of township 1511, range 109, Thence Southerly to the S.W. career it township IaN. range IWC " w Thence Easterly to the 5.9, corner of township 1611, range LIE, Thence Westerly to the N.V. corner of township 130, tauge 141, 51 llteuce Nurtherly to tile- II,P•, turner of trr•+nship 16N,range LIE, Thence Southerly to the S.W. corner of township 1411, range L41611., 1' ' It Theuce Easterly to Life S.E. cornet of township 1711, range 14E, Thence Easterly to the S.C. corner of township 1411, rang* 141. Thence Southerly [o the S.M. corner of township 1141, rang* ISE, Thtin:e Southerly to the S.W. coiner of tewnshlp 1311, range 13W,� ` Thruce Easterly to the S.L. corner of towuhlp 1411, range 1St:. Thence Easterly to the S.E. Cotner of township 1311, range 130. t Theuce Southerly to tits D.W. corner of toJushlp 1311, range 169. Thence Southerly to the S.W. corner of township ilN. range 17N,+ •Tlwuca Easterly to the 5,9. cornet of township 1311, range 16P., then" Easturly to the S.E. corner'of township hill tango 12W, Thence Southerly to this S.W. corner of township 1211, range l7te Thence Southerly along the Eastern line of tango 12W to the , Thr.uce Eastetly alnng tine Suuthern line of township 17A to tine Feellie Ocean excluding that portion of Northern Callforni* y taster) boundary of the state of California, vlthtn Santa Cisco County lnoluded vlthin the following libel' Thane* Harthwesterly, thence Northerly along the Eastern boundary Conssucind at the N.W. corner of township 65, range 3C, Mt. Of the •lata of Calliotula to the N.E. corner of towuhlp 17N, Diablo baseline and Heridienj singe ISE, Thence in a Southerly direction to the S.W. corner of township Thence Westerly to the N.V. Cotner of township 1711, range LIE, + 76, range 3E, Theuce Notthu ly to the Na, coiner of towuhlp 20N, range 1091 Thence in a Easterly direction to the S.E. eornei of township 15, i 11.4uce Westerly to the H.U. corner of township 2011, range IOE, range 4E, lhsuce helthetly to the N.L. turner of township 2111, tang* 9E, Tlwnce in a Northerly direction to the M.L. emacs of,township d8, 111rnes Westerly to the 11.W. entner of township 21N, tang* 9E, Congo 4E, s, 1he1.4e Mattherly to ibe N.L. corner of township 72110 tango BE, Thence in a Westerly direction to the N.V. corner of•townsbip 65, Z Tbenw,♦Westerly to tits N.V. Corner of township 2211, ronso BE. range 3E, to the point of beginning which portlan is•a part of 0 lhe,tC* Northewiy to the S.W. corner of township 7111, tange BE, Area Z. 0 Thoma P.astarly.tu the 5.9. career at township 1711, tong@ Be, Arse t also tuctudes that portion of Northern Cal[Loea[s vithio n Thain s Nurtherly to ilia N.C. Cotner of township 25N, tang* BE, the follohing linest T Ys 1 16*tics Waelarly to the N.W. corner of towuhlp 21111, range 7L, Coeeseneinll to the Pacific Ocean on an extension of the southerly lheuc. Nnttheily to lite N.C. turner at totuthlp 3nN. rouge 6C, line of township 2N. Nuabbtldt baseline and aarldlant 1 Tlwnce Westerly to the H.U. corner of township 3011, range It. Thence Easterly along the Southerly line of township 2M to the in,. Theuce Nurtherly 41101.1 ills, Ht. Utablo martdlen to the N.E. S.W. corner at township 211, range 1Y, , tutuet of towuship .1414, runs, IV, Thence Southerly to the s.W. corner of townehlp lN, cattle IN. Thence Wnstsrly to tit* N.W. corner of township 3411, tongs 6W. Thonce Easterly •long the Hunboldt buellni Castile s.Y. eoroe� t 1leuco Southerly to the N.E. corner of towuhlp 3214. renga 7W, of tovnshlp 1N, tango 2E. Thrnca Vastetly to the N.W. corner of township 3711, range 7W, Thence Southall, to the S.W. corner of township 2S, teage 2E. Theuce Southerly to rhe S.W.corner of township 3011, range 7we Thence Easterly to the S.E corner of township 2S, Carle 190 ihcuca F.aeterly to tri. 5,1'. corner of township ]ON, range 7W, Thence Southerly to the S.W. corns, of township 43, rango 3E. ' Thvuce Southerly to the S.W. corner of township 16H. ranga 6W, Thence Easterly to the S.E. corner of township 4S/ range 3E. Thence Easterly to the S.E. corner of township 1611, range 6W, Thence Northerly to the N.C. cornir of tovnohlp 2S, cause 3E, Thence Southerly to the S.W. Cotner of towuship 1411, range SW, Thence Westerly to the N.V. corner or townnbip 253 range 3Ee j Them �' * astarly to the S.►., corner of township 1411, range 7W, Thence Northerly crossing the Nuaboldt.baselibe to the S.W. Thence Noetharly to the N.C. Corner of towrnhlp'1411, rango IW, cornet of township 10, range 3E, ` Y Thento Westerly to cite H.W. corner of township 1411, range 7W. Thence Easterly along the Humboldt baseline to the 11.9. corner Thtucs Northerly to tit* N.E. corner of township 1514. tango SW, 40[ township 1N, rang* 3Ee w• , Thence Northerly to the N.E. corner of township W. ranle`3E, ` • Thence Masterly to the N.W, corner of township 911. range 2E. 1 • Thence Northerly to the N.E. cornoc of township TOMO 1E, Ott FEDERAL REGISTER, VOL. 42, NO. 711--FRIDAY/ APRIL 22, 1977 Ct+. rf f `•1 X11 a i'I l t d� { { �3 DOCt4StOM MD. CAT7-3040 Togo 24 SUPERSL'OF.AS.OrCtStON ti ^` STATEt Minnesota COMITY: Craw ifing DECISION tttR+bERt 14111-2064 DATE$ Oats of Publication Pc 1`. CUJFORNIA supersede* Decision On. tti77.2038, dated !larch 10, 1977 in 42 FR 15245 4 AREA DEFINITIONS FOR 1 POWER EQUIPMENT OPERATORS (Cont'd) OE5CRIpt[ON Of INRKt itnavy & ilighwy Conatructian si *•+A, '*Ataa It (Gsnt'd) n Thence Westerly along the Northerly line to township ION, iota the ;? pis Focific Ocasn• ' fdaq e.n+fils Pa$w•a+• Ates 1 also includes that portion of Northern California includod with- in th4 fallowing liner M•.rfr Ed.Ce+I•M j;'r' :• Coontneing of the Northerly boundary of the Stats of California Re++l M g Y P•n.lsaa Ys:•$ba uerdl•i f at the rn N.W, comer of township 48N, rings 7W, Mt. Diablo brae- $ App,T, Fyg .. tine and naridiant ' I•ARORER3 05.64 •26 .15 The.we Southerly to the S.U. tomer of township 44N, range 7W, t -1'hsnce tasurly to the S.Z. corner of township 44N, range W. Thence Southerly to the S.W, corner of township 430, range 69, i? Thence fasterty to the 3.9. corner of township 43tf, range We POWER f0+IJPMk1lf OPP.RATOR.4 i. �: Tirehcs Northerly,to the N.C. carnet of township 48N, tango ?W, , !i on the Northerly boundary of Ehe Stats of Caliiornis, Asphalt Distributor-Spreadar 7,26. .26 .15 Thence Wssurly along the Northerly boundary of the State of Asphalt plait 7.66 .26 .15 California to the point of Dsginning. Sulldorsr 7,66 .24 .15 ! ` Crusher & Screening plant 7.h6 .26 is ?rant-End-lnadsr 7.66 .26 .IS j "�r• r . 7 tbWr Patrols 7.94 .26 .t5 4- � 1 • ibtierai . .a Bass 6.53 026 0I5 +' s Finish 7.04 .26 .15 TNetars-Over 0-2 1'D.6 0.35 .26 .15 r 14U17I DRSVERS Over S cubic rata. 7.m .26 .15 shit f 1 � f • Sant-Tractor Tratisr 7.26 .26 015 t 1 3-Axis 7.32 .40 .45 TWA I FEDERAL REGISTER, VOL. 42, NO. 78-FRIDAY, APRIL 22, 1977 S y iC F '4 u .. NDD1F)CA110115 P. 1 10D1F1CAT)ONS P. 2 rrclstOII ICA77-5039 - Mod• /1 (42 YR 20991 - Apt 1 22, 1977) r!ECISlOII $CA77-5034 (Cont'd) Alameda, Alpine, Amedor, Butte Belle Priers Bamsiiis Pe7masis Berle Prlq:BeseHls Psy,s+"ts Calaveras, Colusa, Contra Coat Hrnir E/ersHs" Uel mortal E1 Aotada, Presno, Rslar N t M Psesis"s Vatslla" 4"1161 notes Ed44/01 ` G1enn. Humboldt, Kings, Lake, App,It. Rsia NRR Pssdaaa Yuellee •"�/ar Ap►r.Tr. w 'Lesson, Madera, marine , •z--Narlposa, mendocipo, Wrrced. ^'`1lodoo. Monterey, Naps, Nevada, Ban Benito, Santa Clara _tPiacer, Plumas, Bacramento, and Banta Crus Counties ,--loan Benito, Ban Frarcleco, slactrlcians $13.60 .77 U+1:50 .05 'ban Joaquin, Ban Mateo, Santa Cable Splioeis 15.53 .77 L%41.50 AS Clara, Salta Cruz, Shasta. San Francisco County ` Blecra, sisklyou, Bolano, Electticians 15.585 1104 W.90 .06 1 sonoma, Stanlslaus, Sutter, Cable splints 17.53 1.04 1,44.90 .06 , Tahaaa. Trinity# 7Ulare, 1 San Mateo County ' Tuolumne. Yc#o and Yuba Electricians 13.73 1.16 3%+1.00 .03 Countiaa. California Line Ounstructionr 1 Contra Costa Countyelm!-I Groundmen 11.40 .70 1%#1.00 Electticianal Line Equipment Operators 13.60 .70 101.00 ' Alasw da County Lineman 15.20 .70 1%+1.00 ;� 1 Blectricians $11.91 $1.05 1%41.15 •03 Cable Splicers 16.70 .70 10+1.00 ••t �• Cable Spliears 14.52 1.05 1%+1.15 .03 Hontetsy County Amsdor, Coluss, Sacramento, r Groundmmn 9.42 •1.10 1%+2.30 .06 0 Sutter. voice Yuba and Linemenr Tschniclans 12.56 1.10 L%+2.30 .06, those portions of Algins, cable splicers 11.68 1.10 1%+2.30 .06 " Z at Nrado, Nevada, placer Naps and Solana, Counties and Starts Counties Ncet Linemen 12.07 .68 1t+#.l0 .04 ' 0 of the Sierra mountain cable splicers 13.53 .68 i%+1.20 .O4 F; Matetehed Alameda County A Btererlclans 21.39 .95 2#2.85 .045 Grcundmon 9.68 1.05 1i+1.15 ' .03 r N Cable Splicers 25.9) .95, 1%+.85 •045 linemen 12.91 1.05 1%+L.IS .03 Tunnel( Line Equipment operators 11.62 1.05 101.15 .03 taertricians 14.52 .95 1%+.85 .04S San Francisco County 1 Cable splicers 15.97 .95 10.85 •045 Groundmon 13.25 1.04 10.90 .06 Owttra costs County Linenonl Technicians 15.585 1.04 l%4.90 .06 Electricians 15.20 .70 14+1.00 Cable Splicers 17.53 1.04 1%+.90 .06 Cable splicers 16.70 .70 1%+1.00 sen Benito, Santa Clara, monteswy County and Santa Crus Counties •Rleutricians 12.50 1.10 1%+2.30 •06 Groundmen' 1 11.65 .47 W1.50 1.05 Cable splicers 13.81 1.10 1%42.30 .06 Lineament Line Equipment Operators 13.70 .97 1141.50 AS Cable splicers 15.41 .87 101.50 .OS Plumbers! Steasfittersr ` Dal Norte and Humboldt Cos. 11.83 .71 1.12 .05 Sprinkler titters: Remaining Counties 15.07 .65 .95 .08 1. paw 11 u W O FEDERAL REGISTER, VOL 42, NO. 112-$R)DAY, JUNE 10, 1977 t 1 MDO.t t MODIFICATIONS P. 3 MODIFICATIONS P. 4 W o Or, • is CYCIBI M0. ckv-5039 Contra MCIS1014 M0. CA77-5040 (Cont'dl • Bogie frF"40&•"•lila parw•.i6 I'das0 6."01116 Para•arg M•w!r h?4r6Nba 6"ale • RnOs N L W F•■0b■6 Y•utb" ."4Jn N•wtr E4reoli•" �"' A►�r.Tr. Ro1.6 N L W P•agba6 varsll•" 004/•r A►rt.Ta Ban Benito, suit. Clara Plastarers TandersI and Santa Crux Counties San Francisca and sur Mates electricians $11.80 .77 1t+1.50 .05 son Counties $9.80 .SD 11.20 $1.25 Cable Splicers 15.51 .77 11t1.50 .05 San rrancisco County electricians 1S.5g5 1.04 1s+.90 .06 OBC1sIOM NO. CA77-SO40 -Mad /1Cable Splicers 17.53 1.04 1a+.90 .06 42 Til 21012 - rll 22. 197 ) San Matas County electticians 11.73 1.16 3%+1.00 .03 l+lawoda. Alpin, As.arlor,• Pivaberst Stearatitterat Calaveras. Contra Costa, Dol Del Norte•and Humboldt Cos. 11.03 .71, 1.12 .05 1 Mortar &1 Dorado, Fresno, Sprinkler Fitterar NumW14t, Merin, Mariposa, husaining Counties 15.07 .65 .95 .00 Merosdt Montarsy, MAPS* Novelist Placers Sacran•nt0. Add& San 1&anitat San Froacisco, l Plasterers Tandem &s San Joaquin, Ban Mateo, San Francisco and San Matso Santa Clara, Santa Crus, SOlwvr Counties 9.80 .80 1.20 11.25 ce Bonasaa. Sutter, Tahsae, tuoluine. Talo And yube Muntlee, Caliturota Z AL1. snaotrlcianar ^ m Alar•sds county %cg Blaatrialar&s $12.91 $1..05 14+1.25 .03 Cable Splicers 14.52 1.05 1t+1.15 D1 h"%4r. Sacraaenta. &utter, valor Tuba and those ' portion*of Alphas, & Rl Dorado, MAYA"And Placer Counties Wet of the Wahn &terra Mourntain - Watershed Itleatziciaae 14.19 .95 1i+.85 .045 Coble splicers 15.83 .95 16+.85 .045 pantra Costa County slsctrlota&&s 15.20 .70 1 +1.00 • ' Cable Splicers 16.70 .70 I%+1.00 Want*%*y CouAty slectsiatans 12.50 1.10 1tt2.30 .06 Cable splicers 13.51 1.10 1+2.30 .06 mow/ FEDERAL REGISTER, VOL. 42, NO. 112--FRIDAY, JUNE 10, 1977 & ROIFICATIONP. r, 9: • t t MODIFICATIONS P. 3zit W0111CATHAS P. 4 G� r l:+ bla'1:11 t'rt A i:hV q39 �1L'r_,_rI t'd LFdogo ba,eblc Patn,entc DP.CSSlr3N N0. CA77-5019 - Mod. 42 F/lege 8enriit/Patd•nn �� tit ►R 20991 - April 22, 1977) Sant "-' --' tlou,lr EJutution Alameda, Alpine, Amadoc, Butte M4rdr EJucatlen Rout It 6 M Paatiagt Yacallao anJ.`or M Rata♦ N 6 iY Pan,leaa Vacation *oiler Appi. If. CAlavtru, Caluss, Contra Ap►a 7,, Casts, Del Harte, Si Dorado, v r+!c A,n.cdut, Cu1,1a3.1, %;.1Cj4 Unto' 4 Lake, sen, Humboldt, Kings Sul tut, Yalu, Yuba and Lake, lessen, Mallets, Matin, thuaL. Iwrtiu,lu ut Alpinu, I Mariposa, Manducino: Merced, t:i Doca,ttr, tlovi'la, Niacor Miodaa, Monterey, Napa, Nevada, and Glerca Cuur,tlus Want Placer, Plumaa, rac:amsnto, „f tt,u Slu,f ric.uutain Bart Bonito, Son Francisco, San Hatucal,ad Joaquin, Ban Mstto, Santa Giu.triatan3 g 14,39 95 314.05 .045 Clara, Santa Crua, Shasta, Cablv SpLicutu 15.x3 ,95 34a.b5 .045 Warta, Sisklyou, Solan, 9urarulu1 Sonoma, Stanistaus, Suttst, el",tICiarta 14,52 ,95 31*.b5 .045 Tehsaa, Ttinity, Tulsrs, cabl.1 �pltcurs 15.97 .95 391.85 .045 Tuolucrnt, Volo and Yuba Laku Tan:,u AtaJ Counties, Ca2lforn14 tiuuiticiduu 13.90 .67 311.77 .00 ChopCut,"- t•,plicer,l 15.28 .67 ItI.lri bU ul butte, ulm, l...auun, lutJuu, Brricklaytrat 8tantmasonrt Plu,saa: 51144ta, 51Uk1y0u, Del Mart*, Humboldt. Lott, T013193 and Ttlnity Counties Marla. Mendocino, Napa, San Cluetclal.trts 11.90 .07 31x,705 .04 Frsnaisco, Ban Matto, '' Cable :iplicutu 13.10 .07 344.105 u4 Sisklyou, Bolano, Sonoma Terme t t and Ttinity Counties g 11.42 g 1.50 g 1.10 g 1.00 .05 klectriclanul c'aUlu Fusnv, sings, Madtca, Lplicuta'.ilulpora 12.58 .87 39/.705 .04 Mariposa and Merced Countita 11.55 .95 1.00 Cable )Wind 13.84 .67 391.705 .04 Brick'Tandecs: t t1 FNana, Rings, Madera and I Calaveras and CSJn p JuJ. ,in t:0 rn Tulste Counties 10.15 .40 1.40 Llucti ict.alat 1ucAniciu116 12.15 .92 1911;25 .01 N sltctrlolonst Call]. :;plicura 13.67 .92 3111.25 .01 tra Wata <:uunty Alameda Giant CouL'3uctrlclanu 15.20 .70 '3\41.00 iltotrlolans 12.91 1.05 1141.15 ,DI Cab1u Splicuca 16.70' .70 34+1.00 t abic Splicers 14.52 1.05 1\+1,15 .03 Dol H41 to 411.1 Uu"Idt cos. y t:lectciclana 15.25 .80 31tl.05 .04 Cu61u uplicuru 12.15 .80 )►11.05 .04 Fresrw, i.lin9s, tla+hcc4 snJ Tulare Cuutitieu t:lectriciano 12.91 .75 344.95 .05 Cable Uplicoea 14.20 .75 311:95 .05 w a FJOERAL ItEGISTER, VOL. 42, NO, 13:1--FAIUAY, JULY e. Ig1! • + ` ,aR,ua,.y..'4.!/.'.UN.:1irC�ir61s1'�M.a'c,.1A J`:•. 't': •4 ;,,. + rWua+swYarwtvrtr+.i�i1++ - " t : i ;r �{ a a. rs MOUIFICATIOUS P. 5 i140911ICATI011S P. 6 OF:CI Ioir gti�CA7T_5(119 C' t'd e DECIBIDN 140. CA77-5039 (Con t'd) Pdnp 8enoilh Payments BasicPrinle Benetllt Payments l Basic i iload Heady Edoeotion Y Education Rates N 6 W Pentlens Vacation end/or Rates N 6 W Pensions Vacalw and/e, Appr.Tr. Apps.Tr. i'rennu, Xingn, Madero arui Tulare C'nurttles Lake, Marin, Mendocino-and Groundm-n S 12.09 .75 310.95 .05 ' Llnemeni Linu Equipment ' Sonoma Counties ' 4Y Electricians ' S 12.65 .81 31*.30 .02 01+1Atntn 12.91 .75 31+.95 .05 cr. Cable Splicers 11.91 .01 314.30 .02 Cable Rplirnrs 14.20 .75 39+.95 .0S MAcIPoss, Merced, Stanislaup Wnterey County , and Tuolumne Counties rtoundnrn 9.42 1.10 3L*2.30 .06 Eleetrleians 9.83 .62 31 11 l.inrment Tectmicinns 12.56 1.10 31+2.30 .06 " Cahls Splicers 10.81 .62 31 i1 Cnhla Splic'•ru 13.00 1.10 3%#2.30 .06 u Monterey County Napa and >olann Counties Electricians 12.50 1.10 3102.30 .06 Linemen 12.07 .60 30'+1.10 .04 Cable Splicers 13.01 1.10 3%42.30 ,06 C'ablo Spllcers 13.56 .60 31+1:10 .04 4 - Nnpa and Solana Counties ( Alamnda County i Electricians 12.07 .68 34+.05 .04 Grnundmen 9.60 1.05 31+1.15 .03 Cable Splicees 13.50 .60 314.85 .04 Linemen 12.91 1.05 34+1.15 .03 San Benita. Santa Clara and Line Equipment rperAtorn 11.62 1.05 31+1.15 .03 s Bents Cru* Counties lhrmbnldt County Electrician" 13.00 .77 3%+1.50 .05 Grnundmen 9.00 .00 3141.85 .04 Cable Splicers 1S,53 .77 311+1.50 ,05 linemen 11.25 .00 31101.05 .04 San yranslsco County Cable Splicers 12.15 .00 31*1.65 .04 Electricians 15.505 1.04 3t0.90 .06 Snu rtAn(:l"Ca County Cable epliaers 17.53 1.04 ,3%+.90 .06 Groundrni'n 13.25 1.04 31*.90 .06 0 San Mateo cuunty Linemeul Technicians 15.50. 1.04 11+.90 .06 Electricians 11.17 .82 3%+.50 t ,01 cable Uplie:ero 11.53 1.04 3114.90 .06 Lattterst ran oonito, Santa Clara, Calaveras and San Joaquin anti Santa Crut co•.inties Counties 11.30 .68 .55 .01 Grounthe.:n 11.65 .07 31+1.50 .05 Line Consttuctiont Lin-men) Linn Gquil.went , Contra Costa County ogmreitnrs 13.70 .07 1101.50 .05 Groundmen 11.40 .70 31+1100 Cable Splicers 15.41 .87 31+I.SO , .005 Line Pqulpeont operators 13.60 .70 3101.00 Plastrrerst Linemen 15.20 .70 3W.00 1e1 Norte, liumisoldt, I.Anskn Cable Splicer" 16.10 *70 3%+L.00 (Notthweatern half), Marini tiodoc, Napa, Shasta, € Sirkiyou, Solana, &snnma, + Tuham.t and Tr iuity c.ant les 10.25 .90 SO 1 1.25 Al IM mo{monk - W ' ut vt FEDERAL REGISTER, VOL. 42, NO. 131-FRIDAY, JULY 0, 1977 1"}• e r ' sk t ^i j U, Ii 1 { 1 F• x yLx •� tl v� .. • �^..._. , .fir,. MODIFICATIONS P. 0 MODIFICATIONS P. 7 OECISIO)) NO. CA77-5034 Cont'd) ' ISION Hos•CA77-S01t tcont'd) I - Fringe benefits Parmonls t "' tee)e• Fdge t000lUe Poymools .A 5= �"'� �• Heurlr Educollea Hoodr EducHbn Role• N 6 W Pensions VocN{on ondfor Roles H i W Pe461006 Vocollen eadfor APPr,Tr. APPr.Tr. � i i+t soft Floor Layers, Laborers (Gunnitel, Alpine, Asadoc, butte, Group 1 i 9.235 $ 1.25 0 1.70r $ 1.10 .10 Calaveras, Colusa, C1 Group 2 8.645 1.25 1.70 1.10 .10 Dorado, Glenn, Lassen Group 3 , 8.525 1,25 1,70 1.10 .10 µ. ` (excluding Money Lake Tunnel and Shaft work, ' Anil. Merced (east of Group 1 10.345 1.25 1.70 1.10 .10 Sha .Pluasac Group 2 ,' 10.035 1.28 1.70 1.10 .10 San Joaquin A . Group 3 9.855 1.25 1.70 1.10 .10 is San Joaquin, Shasta. J Saccaawtnto, Stanislaua, Group 4 9.735 1.25 1.70 0 1.10 .10 ., Ncursking work, "7 Sutter, Tehasa, Trinity, Group 1 8.775 1.25 1.70 1.10 .10 Tuolumne, Yolo and Yuba Group 2 8,625 1.25 1.70 1110 ,10 P Counties and ,horse pnrUone Group 3 8.525 1.25 1.70 1.10 .10 c ' of R1 Dorado, Nevada, Flacer and Sierra Counties iesoludiog Lake Tahoe Areal s 10.73 .84 i 1.30 11 1.00 .10 k • 'hccaasn Nockecs, v Alameda, Contra Costa, Del x, Hotta, Nus)oldt, Lakse, __. Matta. Mendocino, Napa, San Ftanclaoo, San Motors, Z. Slaklyou. Solan, soma 0 Jared ltinity Counties 11.42 1.S0 1.10 1.00 -•M T11e satcecel Ftserw. Ring Madata, �s, r � b Marlposa, Merce4 and r Idiots Counties 10.35 1.00 .50 Nontetey and Santa Crus CMM tlea F 13.41 1.09 1.18 Laborers, Group 1 6.77 1.28 1.70 1.10 .10 Group 1(al 9.00 1.25 1.70 1.10 .10 e Group 1(b) 9.27 1.25 1.70 1.10 .10 Group l(cl r 8.62 1.25 1.70 1.10 .10 Group 1(d) 8.72 1.25 1.70 1.10 .10 Group 1(e) 9.32 1.25 1.70 1.10 .10 Group 1111 ', 1.97 1.2S 1.70 1.10 .10 Group 2 8.62 1.25 1.70 1.10 .10 Gcoup 3 I.S2 1.25 1.70 1.10 .10 ,� e FEDERAL REGISTER{ VOL. 42, NO. 131-FRIDAY, JULY 8, 1977 � v 'i S� 1 4f r t ;�F .•.hY.a�ANae3 • • II)MICATIOHS P. 9 1l001FiCATI011S P. 10 i DECISIOII NO. CA77-SO40 (cont'd) . 1 Brett fling*B.nalih P•rMrals Fria•eea•R/a Pgmrals Besit DECISrOH 110, CA77-5010 - Mod. 12 If.artr Edve•N•n H*.rlr Elee•liea (42 FH 21012 - April 22, 1917) Rm.s li4 k Psaslena vermian ender Rats HB If Pendens Yatelhta .ndlar A�pmeda, Alpine, Amndor, Aprr.Tr. Apor.To. Calaveras, Contrs Costa, Ddl•lforte, El Dorado, rrasno, Electricians (4 stories)t iluaftldt, Karin, Harlposs, Electricians 1 11.98 .07 30.705 .04 meYowd, Monterey, Haps, Cable Splicers 13.10 .87 304.7(15 i .04 Ireyads, placer, Sacramento, Calaveras and San Joaquin Cos San Benito, San Francisco, Electricians 12.15 .92 3141.25 .01 San Joaquin, San Mateo, Cable splicers 13.67 .92 3141.25 .01 Santa Clara, Santa Crus, Contra Costa County 1 Solano, Sonoma, Butter, Electricians 15.20 .70 3141.00 e Tehams, Tuolumne, Yolo and Cable Splicers 1600 .70 3441.00 Yuba Counties, Calliornls I Del Norte ohd Humboldt Cos. s Electricians 11.25 .60 3141.85 .04 C7ren er Cable Spliceril 12.15 .80 31 1.65 s04 Dricklayeral Stonemasons Marin and Sonoma counties Del Nolte, liumboldt, Marin, Electricians 12.65 .91 314.30 .02 Napa. San rcaneisco, San Cable splicers 13.91 .Ol 34#.30 "' .02 Woo, Solano and Sonoma Mantarey County + Countiesf 11.42 0 1.50 4 1+ 1.10 1 1.00 .05 Electricians 12.50 1,10 32.30 .06 Fresno, Macipoos and+ Cable Splicers 13.61 1.10 3142.30 ' .06 i Harced Counties 11.55 .95 1.00 Napa and Solano Counties Brink Tanders Electricians 1r.07 .61 314.9S .04 Freon County 10.35 .60 1.40 Cable Splicers 13.56 .46 314.$S .04 Blectriclanal ) San Benito, Santa Clara and ' l rl Alameda County Santa Crux Counties ) Electricians 12.91 1.05 34*1.15 401 Electricians 13.80 .77 314#.50 .OS , , Cable Splicers 14.52 1.05 3141.15 .03 Cable Splicers 1S.S3 .77 3141.50 AS ' to Awador, Sacramento, Sutter, San Franciaco County Yolo, Yuba and those portious Electricians 15.585 1.04 14#.90 .06 of Alpine, tl D)rado, Nevado4 Cable Splicers 17.53 1.04 314.10 .06 and placer Counties west of Lathers the Main Sierra mountain Calaveras and San Joaquin l Watershed Counties 11.30 .60 .55 .01 Electricians 14.39 .95 31+.05 .045 Plasterersi Cable Splicars 15.91 .95 314.85 .045 Del Norte, Humboldt, Karin, Lake Tahoe Area Napa, Solano, Sonoma and Electrlclans 13.96 .61 314.77 .08 Tehama Counties 10.15 .90 .SO 1.25 .01 Cable Splie4ta 15.28 .47 114.77 .06 Tehaas County Electricians (Pavony ceaidencesr limited to 3 stories) 6.18 1.12 314,53 .04 ' r ' FEDERAL REGISTER, VOL, 42, NO. 1331-FRIDAY, JULY 1, 1477 i • 4 t + 110DIFICATIORS P. 11 MODIFICATIONS P. 12Ul usw ' DECISION W. G77-50/0 Caht`d • Basic filnes B•nr1116 Papwt0nl6 basic frinsa 8•"9016 Payments Nrarly Edreattea Nowlp - Edacallo" Ram M i tf P•n,lans vacatiao rad/*+ kair6 M i X P04610as y9udap end/u Appr.Tr. Aper.Tr. Solt floor tayocar Decision 1 FL77-1065 - Mod. 1 3 a Alpine, Awado[t Calaveras, 112PR-2/2/57 5-Itry 13, 19771 + Noreed (East at the San Brevard i volusta• (Cape Kennedy, Joaquin Rivet) San Joaquin, Konnady Space Flight Center and Sacramento, Sutter, Tehasa, Patrick Air Force Baps only and Tuolumne, Veto and Yuba including hulabar Radar Site), t Cbuntlesl and those poc- Florida. tions at 81 Doisdo, Nevada and Placer Counties (ex- Chgnr of eluding take Tahoe Area) f 10.73 .81 ¢ 1.30 f 1.00 .10 Mut. 1 1 in June 3, 1977 Federit Tec[ssso Wrtax s, huytster publication to Mod. 1 Alameda, Contra Costa, Dal Norte, Buaboldt, Karin, y fllta:l Otl AR-I fl Napa, San fcancisco, San 39 191 3 'Ji4 - September 27, 19't tAateo, Solana and Bona" Statewide, Georgia Counties 11.62 1.110 1.10 1.00 Tila'eette[s, I , Fresno, Natipgaa and Chwucat Mycoed Countiaf 10.35 1.00 .50 WIXICHIPPION OP WORK to readi tio,teray, and Santa Crus t Counties 13.41 1.09 + 1.18 Higitvay Construction (does not '141sorsres inoludo airport runways aid Z Group 1 5.775 1.25 1.70 1.10 :t0 taxiwnyai bridges over naviga- 0 Group list 9.00 1.25 1,70 1.10 .10 blo watersl tuatelal rout area -/ ` Gcoup lib) 0.275 1.2S 1.70 1.10 .10 whloh include building atrue- Group lit) 8.825 . 1.25 1.70 1.10 .10 turas) railroad construetioni H Group lid) 8.725 1.211 1.70 1.10 .10 and paving anuoulatad with Group lie) 0.325 1.25 1.70 1.10 .10 buJlding eouuttuetion). Grpup lit) 8.975 3.2S 1.10 1.10 .10 ' Group 2 8.625 1.25 1.70 1.10 .10 r Group 3 4.52S 1.211 1.70 1.10 .10 labotecs (Girnnitell i IH2Ci5ItNI N1D77-5045 - Mud ,y4 Group 1 {.215 1.25 1.70 1.10 .10 (42 t'N 24577 - May 13, 1477) Group 2 8.645 1.25 1.70 1.10 .10 Statewide Idaho + Group 3 0.525 1.25 1.70 1.10 .10 r Chan a 1'rorrruckoraG kamailltng Cquntios and those , Portluns of Adrms, Idaho, valluy, Washington Cuuutioa located south of the Weiser Glbbonsville Line 110.49 .65 11.15 .02 .err► %Now tares FEDERAL REGISTER, VOL. 42, NO. 131--FRIDAY, JULY 1, 1917 tekn"ir•)en'.r"+vt7ilk.rK!.i.• ii,t•i<i„ t tali. t'•. 1.5 ... IUUII ILI.11011I N. 13 4 411111 `s a, r,. NO. tet---FRIDAY, JULY 22, 1977 ftDERAI REOISYER, VOL. 4Z, r. fKWITICAT1UHS P. t ROUIFiCATiOH$ P. 8 Y 111XIS11111 147. C.A77-5079- Had. E3 OEC1StON 140. CA77-5039 (Cant'd) 42 fR 211941 - April 21, IWI) Fringe 8aaellts Pararnis ftiaee lltn•lltt P•rweata Alb-da, Alpine, AmAdor, Butte, 8o41c 8eslc , C10yerns, Cutusa, Contra Nonlr Education Hsudr Edvicellos "• Cua4h, Del Norte, El 0o-ra11o, Rates H 3 t! pension$ Vacation andlat Rates H 6 R Peaaian4 Yac•slo' •sellae yry. ' Atte.Te. Atp.Ti. '-tt Ft'fipno. Clentt, Nun.boldt, Kings, N' Loketi Lassen, Reduce, Hart,,, t Ftariposo, Hrndocino, "creed$ Lathers$ { Nadoc, Monterey, flap", Nevada, San 8anitu and Santa Clara 3, 1'lncar, Pilrnas, Sacroer•ntot Counties $ 12.69 .98 S 1.75 , San Dionne, San Francisco, San Plumbersi Stoamfitterat ?, Jonriutn. San ►bteo, Sante Amo+ler (Northern halt of ,k Clara, Sante Cruz, Shasta, County)t Sacramento, YolO, StCCtAt Slaklyou, Solana, . El Dorado, Nevado, Placer, }' SOtialMt Stonlsloua, Sutter. , and Sierra Counties (ex- t Trhn+no, Trinity, Tulare, cluding LAke Tahoe Area) 13.84 1.32 1.82 .14 % Tuatu+muz, Yoko and Yuba Sheet !tela! Vockarst Counties, C.altlarnia SheeteutdHt Butts, Cotusa, EI Dorado, Glenn. iasunt Chan Nevada. Placer, Plumes, A Carprnterst Sacramento, Shoetot Slarrae CArpenters 5 11.65 $ 1.22 5 1.71 .85 .06 Sutter, Tehoma, Yolo and r Hardwood Floor Loyers! Power Yuba Counties 11.68 .73 1,65 1.11 Sow Oporatorst Saw Filec►l Shingiersl Stott Scaffold Addt tractors and/or Steel Sher- .ins Canatructiont C Ing Croctore 11.80 1.22 1,71 .85 .06 Lake. Harin, Handoeino and Z Hillwtlgttts 12.15 1.22 1.71 .85 .06 Sonoma Counties 0 Electririonst CcounMraa 9.89 1,11 3X+ ,80 .02 Lakr.t N•Ttn, itendoctno end Lino Equipmunt Operators 11.12 1.11 3X+ ,80 .02 S0110144 Counties Linemen 12.35 1.11 3X+ .80 ' :02 fnrt Eiectrtclans 12.35 1.11 3X+ .30 .02 Cable Splicers t3.61 1.11 3X+ .80 .02 tYs cable Splicers 13.61 1.11 3X+ .30 .02 } 0ut10, Olunn, Lassen, Hader, iS • Plumnst Shasta, Siskfyou, ,� a 741114104 and Tctnity Counties . 1 Etectr1ci4ns 12.24 1.12 371+ .10 .04 Cable Splicers 13.46 1.12 3%+ .TO .04 Tunnels ElectTictonsi Cable Splicart t 1 aletpore 12.85 1.12 3X+ .70 .04 . A Cable Splicers 14.16 1.12 3X+ .70 404 :d t ' x' FEDERAL IEGiSTER, VOL. 421 NO. 111--FRIDAY. JULY 22, 1977 ' tY i f 4 5' M �1� k § *i °r I'M { '. 110DIFiCATiONS P. 4 H0111FICATI04S P. 10 W DECISION NO. CA77-5060 Mad. 13 k; (42 FR 21012 - April 22, 1977) Psin ►BrneNts Po nrnts ot:CISIOti Nn 0176-2173 - Mod. 02 Alameda, Alpine, Amador, Basic e y 41 f8 G bi December 20, 97 } Basic Ptinsa Ornolit$Payments s,lsvaras' Contra Coats, Del Moody Education llartfordt Middlesex, Now Haven Hourly Ed.cetion Routs. El Dorado, Fresno, Rata$ H i W Pensions Vacation and/at Must London and Tal land Rates •N 6 k Poselons Vecatiae and/ I 1htmboldt, Navin, Mariposa, Appt.Ti. Cuunlit:s, Connecticut Appi.It, t' Morcode Montoray, Napa, Nevada t 1 1tlVEet, Saerau,ento, San Benito CIIANCtit t 366''Franciaco, San Joaquin, Sai Matra, Santa Clara, Santa ELECTRiC1ANSt x Crust S9lano. Sonoma, Sutter, Middlesex Countyt Tehates, Tuolumns, Yale and Centerbrook, Chester, Clintclij Yuba Countieat California 1 Cobalt, Deep River, Durham, V.. Hampton, Essex, Haddam, ;- Chia es Higgsoum, Ivoryton, Middle ; Carpenterat Haddam, Moodus, Old Seybroo , Carpenters 11.65 1.22 1.71 ,85 ,06 Rockfall and Westbrook 110.16 1.20 11 4.40 Aardwood Floor Layerot Pews- Saw awSaw Opasatorst Saw Filavat New Ilsven Countyt Shlnttlacst Steel Scaffold Ansuoia, Branford, Cheshire, 3 tractors and/or Steal Shor. Darby, Cullford, Mad/son, 144 tractors 11.80 1.22 1,71 .85 .06 Meriden, Naw Haven, Mlllwilghts 12.15 1.22 1 1.71 .85 .06 N. Branford, N. llavent 1lectrlelans: Horthford, Orange, South b Marin and Sonoma Counties Britain and Wallingford 10.36 1.20 1x+.40 tlaetrlciaas ' 12.35 I.11 3x+ .30 .02 Cablei Splicers 13.61 1.11 3x+ ,30 .02 Now London Countyt t Tehataa countyOld Lyme and Waterford 10.36 1.20 WAD 1lactaictana (4 storisol t 9lectticfans ! 12.24 1,12 37.+ ,70 ,04 0 Cable Splicpra 13.46 1,12 3x+ .70• .04 Lat i Ns San ReettO and Santa Clara Cowttles r� 12.64 .9A 1.75 P1uubek } Suaatitterst A-dor (Northorn half of County). Sacrasrnto, Yale, + 11401440, Nevada and Placer counties (excluding Lake Taboo Area) 13.84 .1.32 1.81 .14 Shoat Mutat Vorketa+ Am440t, CI Dorado. Nevada, places. Socromento,•Sutta�, Taboos. Veto and Yuba Counties 11.66 .73 1,65 .11 P , a , Xmas,, 31 FEDEKAL REGISTER, VOL. 42, NO. 141---FRIDAY, JULY 22, 1977 IXfUiPSCATIUHS ' IYnIIFICA11(iS P. 11 as :t k � , :j 1 t r } a 'Y'i HODIFICATIO)IS P. 1 6001FICAT1011S P. 2 I 00 Flay.Bonellrs Paymomle Baric DECISION 1+0. CA77-5019 - Mod M4 Fdoye Benefits Parm.nrs Heady Edacarlaa (42 FK 20991 - April 22, 1977) Boric Role► H i M Penslo s Vacation and/or Alameda, Alpine, AsRates i N Peodaas Vacatbn and/or wdor, Butte, Education Decision 1 AL77-1040 - Mod. 1 3 A►/r.Tr. Calaveras, Coluss, Contra Roles H 142 FA-17752 - April 1, 1977) Costa, Dal Norte, EL Dorado, A/►s•Tr. Madison County, Alabaau Prussia, Glenn, Humboldt. Kings, Inka, Irssun, Madura, Marin, Change i Hdrlposm,Manductno, Merced, Rleetrlelans, Linesman 10.05 .40 31+.30 .03 MudoC, Montarrey,Napa, Nevada, Placer. Plumms. Sacramento. San Benito, San Francisco, San Juayuin San Mateo, Santa Clara, Ltsclelon 1 At.77-1075 `Ibd 4 1 Santa Cruz, Shasta, Sierra, (42 711-26756 - June 3, 1977) Siskiyou, Solana, Sonoma, Blount. Jeftersoo, Saint Clair, Stanlslaua, Sutter, Tuhaau, Shelby, Talladega and Walker Trinity, Tulare, Tuoluoum, Counties. Alabama, Yule, and Yuba Counties, California Changel Insulation applicators 3.75 I*borarai Chan el Laborer• 3,33 Electricians Painters, brush 4.50 San Mateo County $13.73 1.16 3% t 1.00 .03 6 _llCC1SIOH 6A�177-SOS2 - Mod. 11 t Q (42 PA 4611S - May 20, 1977) -4 Statewide. Alaska • F M i in Changes llOefeta s Azaa 1 II5.60 1.10 2.20 Areas It and III 15.30 1.40 2.20 .05 , • .OS • I. I FEDERAL REOISIER, VOL. 42, NO. 146—FRIDAY, JULY 29, 1977 I MODIFICATIONS P. 3 I HODIFICATIONS P. 4 DIVISIW4 G. — GENERAL COND [TIONS SECTION 1. CONTRACT AND CONTRACT DOCUMENTS The Plans,Specifications and Addenda,hereinafter enumerated in paragraph I of the Supplemental General Conditions, shall form part of the contract, and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth.The table of contents,titles,headings,running headlines and marginal notes contained herein an4 in said documents are solely to facilitate reference to various provisions of the contract documents and in no way affect, - ® limit,or cast light on the interpretation of the provisions to which they refer. SECTION 2. DEFINITIONS The following terms as used in these General Conditions are respectively defined as follows: a. "Contractor":A person,firm or corporation with whom this Contract is made by the Owner.(The Owner isreferred to by EDA,in other documents.as the Grantee/Borrower). b. "Subcontractor":A person,firm or corporation supplying labor and materials or only labor for work at the site of the project for,and under separate contract or agreement with,the Contractor. c. "Work on (at)the project": Work to be performed at the location of the project,including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. d. "Apprentice":(1)A person employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor.Bureau of Apprenticeship and Training,or with a State apprenticeship agency recognized by the Bureau:or(2)a person in his first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Council (where appropriate) to be eligible for probationary employment as an apprentice. e. "Trainee':A person receiving on-the-job training in a construction occupation under a program which is approved (but not-necessarily sponsored) by the U.S. Department of Labor. Manpower Administration. Bureau of Apprenticeship and Training,and which is reviewed from time to time by the Manpower Administration to insure that the training meets adequate standards. SECTION 3. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the contract documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings. if any, to be furnished by the Architect/Engineer in accordance with said schedule,and(b)a schedule fixing the respective data for the submission of shop drawings.the beginning of manufacture testing and installation of materials,supplies and equipment.and the completion of the various parts of the work.each such schedule to be subject to change from time to time in accordance with the progress of the work. OU1'1 G-t SECTION 4. SHOP OR SETTING DRAWINGS The Contractor shall submit promptly to the Architect/Engineer 5 copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Con- tractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with 5 corrected copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for their con- formity to the Plans and Specifications, unless he notifies the Architect/Engineer, in writing, of any deviations at the time he fur- nishes such drawings. SECTION 5. MATERIALS, SERVICES AND FACILITIES It is understood that,except as otherwise specifically stated in the contract documents.the Contractor shall provide and pay for all materials, labor, tools, equipment. water, light, power. transportation, superintendence, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete,and deliver the woik within the specified time. Anv work necessary to be performed after regular hours.on Sundays or Legal Holidays.shall be performed without additional expense to the Owner. SECTION 6. CONTRACTOR'S TITLE TO MATERIAL No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work.free from all liens. claims or encumbrances. SECTION 7. INSPECTION AND TESTING OF MATERIALS All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards.The laboratory or inspection agency shall be selected by the Owner.The Owner will pay for all laboratory inspection service direct.and not as a part of the contract. Materials of construction. particularly those upon which the strength and durability of the structure may depend.shall be subject to inspection and testing to establish conformance with specifications and suitability for users intended. SECTION 8. -OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names,tradenamcs,catalogue numbers,etc.. it is intended merely to establish a standard. and, any material,article,or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed is, in the opinion of the Architca/Engincer, of equal substance and function. it shall not be purchased or installed by the Contractor without the Architect/Engineer's written approval. SECTION 9. PATENTS The Contractor shall hold and save the Owner and its offictrs,agents,servants.and employees harmless from liability of any nature or kind. including cost and expenses for,or on account of, any patented or unpatented invention,process. article, or appliance manufactured or used in the performance of the contract. including its use by the Owner. unless otherwise spvcifically stipulated in the contract documents. 001 7 Y G-2 x License or Royalty Fee: License and/or Royalty Fees for the use of a process whic:i is authorized by the Owner of the project must be reasonable,and paid to the holder of the patent.or his authorized licensee.direct by the Owner and not by or through the Contractor. If the Contractor uses any design.device or materials covered by letters, patent or copyright.he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or*material. It is mutually agreed and understood that,without exception.the contract prices shall include all royalties or costs arising from the use of such design,device or materials,in any way involved in the work.The Contractor and/or his Sureties shall indemnifv and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design,device or materials or any trademark or copyright in connection with work agreed to be performed under this contract.and shall indemnify the Owner for any cost.expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. SECTION 10. SURVEYS AND REGULATIONS Unless otherwise expressly provided for in this contract,the Owner will furnish to the Contractor all surveys necessary for the execution of the work.'The Contractor shall comply with all laws. ordinances. rules. orders, and regulations relating to the performance of the work.the protection of adjacent property.an4 the maintenance of passageways,guard fences or other protective facilities. RECTION 11. CONTRACTOR'S OBLIGATIONS The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment. facilities and means, except as herein otherwise expressly specified. necessary or proper to perform and complete all the work required by this contract, within the time herein specified. in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract and any and all supplemental plans and drawings, and in accordance with the directions of the Architect/ Engineer as given from time to time during the progress of the work. He shall furnish.erect,maintain and remove such construction plant and such temporary works as may be required. The Contractor shall observe.comply with, and be subject to all terms,conditions.requirements,and limitations of the contract and specifications,and shall do.carry on. and complete the entire work to satisfaction of the Architect/Engineer and the Owner. SECTION 12. WEATHER CONDITIONS In the event of temporary suspension of.work.or during inclement weather.or whenever the Architect/Engineer shall direct. the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer. any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to so protect his work,such materials shall be removed and replaced at the expense of the Contractor. SECTION 13. PROTECTION OF WORK AND PROPERTY—EMERGENCY The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work.and that of adjacent property,from damage.The Contractor shall replace or make good any such damage. loss or injury unless such be caused directly by errors contained in the contract or by the Owner.or his duly authorized representative. In case of an emergency which threatens loss or injury of property and/or safety of life,the Contractor will be allowed to act, without previous instructions from the Architect/Engineer. in a diligent manner. He shall notify the Architect/ Engineer immediatcly thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. G-3 .a. 001 fry d" i Where the Contractor has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property,he shall act as instructed or authorized by the Architect/ Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in paragraph 17 of the General Cenditions. SECTION 14. INSPECTION The authorized representatives and agents of the Economic Development Administration shall be permitted to inspect all work,materials,payrolls,records of personnel,invoices of materials,and other relevant data and records. SECTION 15. REPORTS, RECORDS AND DATA The Contractor shall submit to the Owner such schedule of quantities and costs,progress schedWes,payrgllsreports, estimates,records and other data as the Owner may request concerning work performed or to be performed under this contract. SECTION 16. SUPERINTENDENCE BY CONTRACTOR _ At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/ Engineer. SECTION 17. CEIANGES IN WORK No changes in the work covered by the approved contract documents shall be made without having prior written approval of the Owner.Charges or credits for the work covered by the approved change shall be determined by one or more,or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor,including foremen; (2) Materials entering permanently into the work: (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; _ (6) Social Security and old age and unemployment contributions. To the cost under 17c,there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent(15%)of the estimated cost of the work. The fee shall be compensation to cover the cost of supervision,overhead,bond,profit and any other general expenses. OF n G-4 00119 SECTION 18. EXTRAS Without invalidating the contract, the Owner may order extra work of:he kind bid upon or make changes by altering. adding to or deducting from the work,the contract sum being adjusted accordingly,and the consent of the Surety being first obtained where necessary or desirable.All the work of the kind bid upon shall be paid for at the price stipulated in the proposal,and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer.acting officially for the Owner=and the price is stated in the order. SECTION 19. TIM FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed.by and between the Contractor and Owner.that the date of beginning and the time for completion as specified in the contract of work to be done hereunder are ESSENTIAL CONDITIONS of this contract: and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. The Contractor agrees that said work shall be prosecuted regularly, diligently= and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed,by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same,taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified.or any proper extension thereof granted by the Owner,then the Contractor does hereby agree.as a part consideration for the awarding of this contract,to pay to the Ownec the amount specified in the contract,not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain,and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and of the specification wherein a definite and certain length of time is fixed for the performance of any act whatsoever:and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner: Provided further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: a. To any preference,priority or allocation orderduly issued by the Government: b. To unformccable cause beyond the control and without the fault or negligence of the Contractor,including but not restricted to,acts of God,or of the public enemy,acts of the Owner,acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather,and c. To any delays of subcontractors or suppliers occasioned by any ofi the causes specified in subsections a and b of this article: Provided further=that the Contractor shall,within ten(10)days from the beginning of such delay,unless the Owner shall grant a further period of time prior to the date of final settlement of the contract,notify the Owner,in writing,of the cause of delay,who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. -5 00180 ------------- r wy`t lte1F y. —,,. ``r..+q.. ° L,.: ,�:: .vs z :.�.'*ec .�.....,a: .-5.,r._�.:�a. .mrc�^�. ...,� �.v,,».,.�'3� ,.. ..a:'--`+'>.r....�. : e ,.:...rr.... ....�t�•6 �"`.��., t' x._ ..a:.s.�Lt _ - SECTION 20. CORRECTION OF WORK All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work,materials,processes of manufacture,and methods of construction for the purposes for which they are used.Should they fail to meet his approval they shall be forthwith reconstructed,made good'. replaced and/or corrected,as thecase may be,by the Contractor at his own expense.Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer. it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. SECTION 21. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed.The Architect/Engineer will thereupon promptly investigate the conditions,and if he finds that they materially differ from those shown on the Plans or igdicated in the Specifications,he will at once make such changes in the Plans and/or Specifications as he may find necessary,and any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 17 of the General Conditions. SECTION 22. CLAIMS FOR EXTRA COSTS No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls,and vouchers covering all items of cost and,when requested by the Owner,give the Owner access to accounts relating thereto. SECTION 23. RIGHT OF THE OWNER TO TERMINATE CONTRACT In the event that any of the provisions of this contract are violated by the Contractor,or by any of his subcontractors,the Owner may serve written notice upon the Contractor and.the Surety of its intention to terminate the contract,such notices to contain the reasons for such intention to terminate the contract, and unless within ten (10)days after the serving of such notice upon the Contractor, such violations or delay shall cease and satisfactory arrangement or correction be made,the contract shall,upon the expiration of said ten(10)days,cease and terminate.In the event of any such termination,the Ownar shall immediately serve notice thereof upon the Surety and the Contractor,and the Surety shall have the right to take over and perform the contract: Provided, however, that if the Surety does not commence performance thereof within ten(10)days from the date of the mailing to such Surety of notice of termination,the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor,and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned by the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work,such materials,appliances,and plant as may be on the site of the work and necessary therefor. SECTION 24. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the contract,and before the first partial payment is made. the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner,showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in 6 00181 3 ., r,. +� x 2 �, ,�. � c r � .. .:".i �>. _ ear., _ ,'rn: -.....a..2�.:`.. .. ..... ..., _ .. ,......,. a - _ - �•.. ' x k•; r ..ems will accordance with the progress schedule. The Contractor shall furnish the Owner (a) a detailed estimate giving a complete breakdown of the contract price and(b)periodic itemized estimates of work done for the purpose of making partial payments thereon.The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price_ SECTION 25, PAYMENT TO CONTRACTOR Each calendar month.the Owner shall make a Progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under the contract.To insure proper performance of the contract,the Owner shall retain ten percent(10`to)of the amount of each estimate until final completion and acceptance of all work covered by the contract. In preparing estimates,the material delivered on the site and preparatory work done may be taken into consideration. All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work,or as a waiver of the right of the Owner to require fulfillment of all the terms of the contract. The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors,laborers,workmen,mechanics,materialmen,anj furnishers of machinery and parts thereof. equipment, power tools,and all supplies,including commissary,incurrra in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have to be paid,discharged, or waived. jr the Contractor fails to do so, then the Owner may, after having served written notice on.the said Contractor,either pay unpaid bills,of which the Owner has written notice, direct,or withhold from the Contractor's unpaid compensation a sum ol'money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this contract. but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor,the Owner shall be deemed the agent of the Contractor,and any payment so made by the Owner,shall be considered as a payment made under the contract by the Owner to the Contractor,and the Owner shall not be liable to the Contractor for any such payment made in good faith. SECTION 26. ACCEPTANCE OF FINAL PAYMENT AS RELEASE The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contrctor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work.No payment,however.final or otherwise.shall operate to release the Contractor or his Sureties from any obligation under this contract or the Performance and Payment Bond. SECTION 27. PAYMENTS BY CONTRACTOR The Contractor shall pay(a)for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered,(b)for all materials,tools,and other expendable equipment to the extent of 90%of the cost thereof,not later than the 20th day of the calendar month following that in which such materials,tools, and equipment are delivered at the site of the project,and the balance of the cost thereof not later than the 30th day following the completion of that part of the work in or on which such materials.tools,and equipment are incorporated or used, and(c)to each of his subcontractors,not later than the 5th day following each payment to the Contractor.the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent of each subcontractors interest therein. G-7 } 00182 }}Ir a SECTION 28. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved: a. Compensation Insurance. The Contractor shall procure and shall maintain during the life of this contract Work- men's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this contract and,in case of any such work sublet,the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Con- tractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute,the Contractor shall pro- vide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. b. Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance. The Contractor shall procure and shall maintain during the life of this contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. c. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance.The Contractor shall either (1.) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph b hereof, or,(2)insure the activities of his subcontractors in his policy,specified in subparagraph b hereof. d. Scope of Insurance and Special Hazards.The insurance required under subparagraphs b and c hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by any one directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. e. Builder's Risk Insurance(Fire and Extended Coverage).The Contractor shall procure and shall maintain during the life of this contract Builder's Risk Insurance'Fire and Extended Coverage) on a 100 percent(10090)completed value basis on the insurable portion of the project.The Owner,the Contractor,and subcontractors(as their interests may appear)shall be named as the Insured. C. Proof of Carriage of Insurance.The Contractor shall furnish the Owner with certificates showing the type,amount, class of operations covered,effective dates and dates of expiration of policies.Such certificates shall also contain substantially the following statements:"The insurance covered by this certificate will not be cancelled or materially altered,except after Thirty (30) days written notice has been received by the Owner." SECTION 29. CONTRACT SECURITY The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of this contract and also a payment bond in an amount equal to one hundred percent(1000)of the contract price or in a penal sum not less than that prescribed by State,territorial or local law, as security for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract.The Performance bond and the Payment bond may be in one or in separate instruments in accordance with local law. Before final acceptance, each bond must be approved by the Economic Development Administration. : -_} G-8 00183 SECTION 30. ADDITIONAL OR SUBSTITUTE BOND If at any time the Owner for justifiable cause. shall be or become dissatisfied with the Surety or Sureties for the Performance and/or Payment Bonds. the Contractor shall within five(5)days after notice from the Owner to do so. substitute an acceptable bond(or bonds)in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner.The premiums on such hond shall he paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished such an acceptable bond to the Owner. SECTION 31. ASSIGNMENTS The Contractor shall not assign the whole or any part of this contract or any moneys due or to become due hereunder without written consent of the Owner.In case the Contractor assigns all or any part of any moneys-due or to become due under this contract.the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the Contractor shall be subject to prior claims of all persons.firms and corporations for services rendered or materials supplied for the performance of the work called for in this contract. SECTION 32. MUTUAL RESPONSIBILITY OF CONTRACTORS If.through acts of neglect on the pan of the Contractor.any other Contractors or any subcontractor shall suffer loss of damage on work, the Contractor agrees to settle with such other Contractor or subcontractor by agreement or arbitration ifsuch other Contractor or subcontractor will so settle.If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained. the Owner shall notify the Contractor,who shall indemnify and save harmless the Owner against any such claim. SECTION 33. SEPARATE CONTRACTS The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor. including his subcontractors. shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. SECTION 34. SUBCONTRACTING The Contractor may utilize the services of specialty subcontractors on those pans of the work which. under normal contracting practices,are performed by specialty subcontractors. The Contractor shall not award any work to any subcontractor without prior written approval of the Owner. which approval will not be given until the Contractor submits to the Owner a written statment concerning the proposed award to the subcontractor,which statement will contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors.and of persons either directly or indirectly employed by them.as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcon- tractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to Live the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner. ;.j -g 00111 SECTION 35. ARCHITECT/ENGINEER AUTHORITY The Architect/Engineer shall give all orders and directions comtemplated under this contract and specifications relative to the execution of the work.The Arrchitcct/Engineer shall determine the amount,quality,acceptability,and fitness of the several kinds of work and materials which arc to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof.The Architect/Engineer's estimates and decisions shall be final and conclusive,except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said contract or specifications, the determination or decision of the Architect/ Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affected in any manner or to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plan or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Enginecr. SECTION 36. STATED ALLOWANCES The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials as directed by the Owner on the basis of the - lowest and best bid of at least three competitive bids. If the actual price for purchasing the"Allowed Materials:' is more or less than the"Cash Allowance,"the contract price shall be adjusted accordingly.The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the"Allowed Materials"shall be included in the applicable sections of the contract Specifications covering this work. SECTION 37. USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property: b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors: c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work: d. To clean up frequently all refuse, rubbish, scrap materials,and debris caused by his operations,to the end that at all times the site of the work shall present a neat.orderly and workmanlike appearance: e. Before final payment to remove all surplus material,falsework,temporary structures,including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition: f. To effect all cutting,fitting or patching of his work required to make the same to conform to the plans and specifica- tions and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other Contractor. ! c G-10 �J 00 1s~Y SECTION 38. QUANTITIES OF ESTIMATE Wherever the estimated quantities cf work to be done and materials to be furnished on a unit price basis under this contract are shown in any of the documents including the proposal.they are given for use in comparing bids.and the right is expressly reserved. except as herein otherwise specifically limited. to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract.and such increase or diminution shall in no way vitiate this contract. nor shall any such increase or diminution give cause for claims or liability for damages. SECTION 39. LAND AND RIGHTS—OF—WAY Prior to the start of construction. the Owner shall obtain all land rights-of-way necessary for the carrying out and completion of work to be performed under this contract_ SECTION 40. GENERAL GUARANTY Neither the final certificate of payment nor any provision in the contract documents nor partial or entire occupancy of the premises by the Owner shall constitute an acceptance of work not done in accordance with the contract documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or work- manship.The Contractor shall remedy any defects in the work and pay for any damage to other work resulting there. from. which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified.The Owner will give notice of observed defects with reasonable promptness. SECTION 41. CONFLICTING CONDITIONS Any provision in any of the contract documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. SECTION 42. NOTICE AND SERVICE THEREOF Any notice to any Contractor from the Owner relative to any part of this contract shall be in writing and considered delivered and the service thereof completed,when said-notice is posted.by certified or registered mail.to the said Con- tractor at his last given address.or delivered in person to said Contractor or his authorized representative on the work. SECTION 43. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and tate contract shall be read and enforced as though it were included herein.and if through mistake or other- wise any such provision is not inserted.or is not correctly inserted.then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. SECTION 44. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the contract.the Contractor shall comply with all perti- nent provisions of the Contract Work Hours and Safety Standards Act.as amended.commonly known as the Construc- tion Safety Act as pertains to health and safety standards;and shall maintain an accurate record of all cases of death. occupational disease. and injury requiring medical attention or causing loss of time from work.arising out of and in the course of employment on work under the contract. The Contractor alone shall be responsible for the safety,etl'iciency.and adequacy of his plant.appliances.and methods. and for any damage which may result from their failure or their improper construction.maintenance.or operation. 0018 ) I i i SECTION 45. MINIM WAGES All mechanics and laborers employed or working upon the site of the work.or under the United States Housing Act of 1937, or under the Housing Act of 1949 in the construction or development of the project, will be paid uncondi- tionally and not less often than once a week.and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3)), the full amounts due at time of pavment computedwage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof.regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractor and such laborers and ' mechanics:and the wage determination decision shall be posted by.the Contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose u .this clause,contributions made or costs reasonably anticipated under section 1 (b)(2)of the Davis-Bacon Act on behalf of luborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of 29 CFR 5:5(a)(1)(iv). Also for the purpose of this clause,regular contributions made or costs incurred for more than a weekly period under plans,funds,or programs,but covering the particular weekly period.are deemed to be constructively made or incurred during such weekly period. The Owner shall require that any class of laborers or mechanics,including apprentices and trainees,which is not listed in the wage determination and which is to be employed under the contract,shaPe classified or reclassified conformably to the wage determination and a report of the action taken shalt be sent by the Federal agency to the Secretary of _ Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used,the question accompanied by the rec- ommendation of the contracting officer shall be referred to the Secretary for final determination. The Owner shall require whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the contract is obligated to pay a cash equiv- alent of such a fringe benefit, an hourly cash equivalent thereof to be established. in the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Owner,shall be referred to the Secretary of Labor for determination. If the Contractor does not make payments to a trustee or other third person,he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: provided, however, the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. The Contractor agrees to comply with Executive Order 11588,issued March 29. 1971,and any other Executive Order, statute,or regulation regarding the stabilization of wages and prices in the construction industry. SECTION 46. WITHHOLDING OF PAYMENTS The Economic Development Administration may withhold or rause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics. including apprentices and trainees,employed by the contractor or any subcontractor on the work the full amount of wages required by the contract.In the even:of failure to pay any laborer or mechanic,including any apprentice or trainee employed or working on the site of the work or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the con- struction or development of the project, all or part of the wages required by the contract,the Economic Development Administration may,after written notice to the contractor,sponsor.applicant,or Owner. take such action ai may be necessary to cause the suspension of any further payment. advance,or guarantee of funds until such violations have ceased. G- 12 I SECTION 47. PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or under the United States Housing Act of 1937 or under the Housing Act of 1949,in the construction or development of the project.Such records will contain the name and address of each employee,his correct classification.rates of pay(including rates of contribu- tions or costs anticipated of the types described in section 1 (b)(2)of the Davis-Bacon Act),daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan program described in section 1 (b)(2)(B)of the Davis-Bacon Act,the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor will submit weekly a copy of all payrolls to the Economic Development Administration if the agency is a party to the contract,but if the agency is not such a party,the Contractor will submit the pavrolls to the applicant. sponsor.or Owner,as the case may be for transmission to the Economic Development Administration.The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein arc not less than those determined by the Secretary of Labor and that the classi- fications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor(29 CFR Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv)shall satisfy this requirement.The Prime Contractor shall be respon- sible for the submission of copies of payrolls of all Subcontractors. The Contractor will make the records required under the labor standards clause of the contract available for inspection by authorized representatives of the Economic Development Administration and the Department of Labor.and will permit such representatives to interview employees during working hours on the job. SECTION 48. APPRENTICES AND TRAINEES Apprentices will be permitted to work as such only when they are registered.individually.under a bona fide apprentice- ship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor;or, if no such recognized agency exists in a State. under a program registered with the Bureau of Apprenticeship and Training. U.S. Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.Any employees listed on a payroll at an apprentice wage rate, who is not a trainee as defined in section 2e or is not registered as above,shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor or subcontractor,will be required to furnish to the Owner written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates,for the area of construction prior to using any apprentices on the contract work. Trainees will permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the U.S. Department of Labor. Manpower Administration. Bureau of Apprenticeship and Training,and where the subparagraph below is applicable. in accordance with the provisions of Part 5a.Subtitle A.Title 29.Code of Federal Regulations. On contracts in excess of S10.000, the employment of all laborers and mechanics, including apprentices and trainees, as defined in Section 2 shall also be subject to the provisions of Part 5a.Subtitle A.Title 29.Code of Federal Regula- tions.Apprentices and trainees shall be hired in accordance with the requirements of Part 5a. The provisions of Sections 45, 46, and 48 shall be applicable to every invitation for bids, and to every negotiation. request for proposals, or request for quotations, for an assisted construction contract. issued after January 30. 1972, and to every such contract entered into on the basis of such invitation or negotiation. Part 5a.3,Subtitle A.Title 29, Code of Federal Regulations shall constitute the conditions of each assisted contract in excess of 510.000, and each Owner concerned shall include these conditions or provide for their inclusion, in each such contract. Parts 5a.4,5a.5, 5a.6,and 5a 7 shall also be included in each such contract for the information of the Contractor. G= 13 00188 X r SECTION 49. COPELAND "ANTI—KICKBACK" PROVISIONS These provisions of this section. 29 CFR Part 3, prescribe"Anti-Kickback" regulations under section 2 of the Act of June 13, 1964,as amended(40 U.S.C.276c),popularly known as the Copeland Act. Each Contractor or subcontractor shall furnish each week a Statement of Compliance. Form ED-162, to accompany the weekly submission of payroll forms. Section 1001 of Title 18 of the United States Code(Criminal Code and Criminal Procedure)shall apply to such state- ment as provided in 72 Stat.967(I8 U.S.C. 1001,among other things, provides that whoever knowingly and willfully makes or uses a fraudulent document or statement of entry.in any matter within the jurisdiction of any department or agency of the United States,shall be fined not more than 510.000 or imprisoned not more than five years,or both). The requirements of this section shall not apply to any contract of 52.000 or less. Upon a written finding by the head of a Federal agency. the Secretary of Labor may provide reasonable limitations. variations,tolerances,and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor. f a. Any deduction made in compliancewith the requirements of Federal.State,or local law such as Federal or State with- holding income taxes and Federal social security taxes. b. Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest.A "bona fide prepayment of wages"is considered to have been made only when cash or its equivalent has been advanced to the person employed in such a manner as to give him complete freedom of disposition of the advanced funds. c. Any deduction of amounts required by court process to be paid to another unless the deduction is in favor of the Contractor,subcontractor,or any affiliated person,or when collusion or collaboration exists. d. Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representative of employees, or both, -.or the purpose of providing either from principal or income, or both. medical or hospital care, pensions or annuities or retirement. death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay,savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards arc met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employ- ment, or(ii) provided for in a bona fide collective bargaining agreement between the Contractor or subcontractor and representatives of its employees: (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the-Contractor or subcontractor or any afftiliated person in the form of commission, dividend, or otherwise, and(4)the deductions shall serve the convenience and interest of the employee. e. Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. f. Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. g. Any deduction voluntarily authorized by the employee for making of contributions to governmental or quasi- government agencies. h. Any deduction voluntarily authorized by the employee fur making of contributions to Community Chests, United Givers Funds,and similar charitable organizations. G-14 W18J i. Any deductions to pay regular union intiation fees and monhership dues.not including lines or special assessments: Provided. however, that a collective bargaining agreement between the Contractor or subcontractor and repre- sentatives of its employees provided for such deductions and the deductions are not otherwise prohibited by law. j. Any deduction not more than for the "reasonable cwt" of board, lodging. or other facilities meeting the require- ments of section 3(m)of the Fair Labor Standards:pct of 1938,as amended,and Part 531 of this title. When such a deduction is made,the additional records required under S516 25(a)ofthis title shall be kept. SECTION 50. SUBCONTRACTORS The Contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(aX 1)through(5)and(7)and such other clauses as the Economic Development Administration may by appropriate instructions require. and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into,together with a clause requiring this insertion in any further subcontracts that may in turn be made. SECTION 51. CONTRACT TERMINATION A breach of sections 44 through 50 may be grounds for termination of the contract,and for debarment as provided in 29 CFR 5.6. SECTION 52. OVERTIME REQUIREMENTS No Contractor or subcontractor.contracting for any part of the contract work which may require or involve the em- ployment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such work- week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours in excess of eight hours in any calendar day or in excess of forty hours in such workweek. as the case may be. In the event of any violation of the clause set forth in the subsection above, the Contractor and any subcontractor responsible therefor,shall be liable to any affected employee for his unpaid wages.In addition,such Contractor and sub- contractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory). for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in the above subsection in the sum of S 10.00 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subsection above. The Economic Development Administration may withhold or cause to be withheld. from any moneys payable on ac- count of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth above. The Contractor shall insert in all subcontracts the clause set forth in the above subsections of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into,toge[hgr with a clause requiring this insertion in any further subcontracts that may in turn be made. G-15 I ` 00190 r 4 1 KX .. SECTION 53. EQUAL EMPLOYMENT OPPORTUNITY No person in the United States shall,on the grounds of race,color.nationaLorigin,or sex,be excluded from participa- tion in. be denied the benefits of.or be subjected to discrimination under any program or activity receiving Federal fi- nancial assistance. Reference Title VI of the Civil Rights Act of 1964(42 USC 2000d)and Section 112 of Public Law 92-65. Form EDA-503.The Recipient and all Contractors,subcontractors,suppliers,lessees and other parties directly partici- pating in the Recipient's project agree that during and in connection with the associated agreement relating to the Fed- erally assisted program.(i)they will comply,to the extent applicable.as Contractors,subcontractors.lessees,suppliers, or in any other capacity, with the applicable provisions of the Regulations of the United States Department of Com- mercc(Part 8 of Subtitle A of Title 15 of the Code of Federal Regulations)issued pursuant to Title VI of the Civil Rights Act of 1964(P.L. 88-352), and will not thereby discriminate against any person on the grounds of race,color,or na- tional origin in their employment practices,in any of their own contractual arrangements.in all services or accommoda- tions which they offer to the public, and in any of their other business operations.(ii) they will provide information re- quired by or pursuant to said Regulations to ascertain compliance with the Regulations and these assurances, and (iii) their non-compliance with the nondiscrimination requirements of said Regulations and these assurances shall constitute a breach of their contractual arrangements with the Recipient whereby said agreements may be cancelled,terminated or suspended in whole or in part or may be subject to enforcement otherwise by appropriate legal proceedings. Executive Order 11246.30 Fed.Reg. 12319(1965)(Equal Opportunity Clause). During the performance of this contract. _ the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race. color, religion,sex.or national origin.The Contractor will take affirmative amort to ensure the applicants are employed. and that employees are treated during employment. without regard to their race,color, religion,sex.or national origin.Such action shall include,but not be limited to the following:employment,upgrading.demotion,or transfer: recruitment or recruitment advertising: layoff or termination: rates of pay or other forms of compensation. and selection for training,including apprenticeship. b. The Contractor agrees to post in conspicuous places available to employees and applicants for employment,notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. c. The Contractor will, in all solicitations or advertisements for employees placed-by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race.color,religion. sex,or national origin. d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer,advising the labor union or workers'representative of the Contractor's commitment under Section 202 of Executive Order No. 11246 of September 24, 1965,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of rules, regulations,and relevant orders of the Secretary of Labor. f. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24. 1965,and by rules,regulations, and orders of the Secretary of Labor.or pursuant thereto,and will permit access to his books,record,and accounts by the contracting agency and the Secretary of Labor for purposes of investiga- tion to ascertain compliance with such rules,regulations,and orders. Each Contractor and subcontractor of Fed- erally financed construction work is required to file an Equal Employment Opportunity Employer Information Report(EEO—I on Standard Form 100)annually on March 31. Forms and instructions arc available at the EDA Regional Office. g. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed (and remedies involved)as provided in Executive Order No. 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. • h. The Contractor will include the provisions of paragraphs a through h in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24. 1965,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided,however.that in the event the contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. i. Exemptions to Above Equal Opportunity Clause(41 CFR Chap.60): (1) Contracts and subcontracts not exceeding S10,000 (other than Government bills of lading) are exempt. The amount of the contract, rather than the amount of the f=ederal linancW assistance,shall govern in determining the applicability of this exemption. _ (2) Except in the case of subcontractors for the performance of construction work at the site of construction. the clause shalt not be required to be inserted in subcontracts below the second tier. (3) Contracts and subcontracts not exceeding 5100,000 for standard commercial supplies or raw materials are exempt. SECTION 54. OTHER PROHIBITED INTERESTS No official of the Owner who is authorized irrsuch capacity and on behalf of the Owner to negotiate.make,accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project,shall become directly or indirectly interested personally in this contract or in any part hereof.No officer,employee,architect. attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project. shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract,subcontract,insurance contract,or any other contract pertaining to the project. SECTION 55. USE AND OCCEPANCY PRIOR TO ACCEPTANCE BY OANE1:2 The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner,provided the Owner: a. Sucures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Con- tractor is chargeable with unwarranted delay in completing the contract requirements. b. Secures consent of the Surety: c. Secures endorsement from the insurance carrier(s)permitting occupancy of the building or use of the project during the remaining period of construction:or d. When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire and extended coverage insurance,including a permit from the insurance carrier to complete construction. G-17 j 0012 SECTION 56. SUSPENSION OF WORK Should the Owner be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay. but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. SECTION 57. EMPLOYMENT OF LOCAL LAB0R The maximum feasible employment of local labor shall he made in the construction of public works and development facility projects receiving direct Federal grants. Accordingly, every Contractor and subcontractor undertaking to do work on any such project which is or reasonably may be done as on-site work,shall employ.in carrying out such contract - work, qualified persons'who regularly reside in the designated area where such project is to be located,or in the case of Economic Development Centers, qualified persons who regularly reside in the center or in the adjacent or nearby redevelopment areas within the Economic Development District,except: a. To the extent that qualified persons regularly residing in the designated area or Economic Development District are not available; b. For the reasonable needs of any such Contractor or subcontractor, to employ supervisory or specially experienced individuals necessary to assure an cfl'acient execution of the contract: _ c. For the obligation of any such Contractor or subcontractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that in no event shall the number of non-resident persons employed under this subparagraph exceed twenty percent of the total number of employees employed by such Contractor and his subcontractors on such project; Every such Contractor and subcontractor shall furnish the United States Employment Service Office in the area in which a public works or development facility project is located with a list of all positions for which it may from time to time require laborers, mechanics, and other employees,the estimated numbers of employees required in each classi- fication,and the estimated dates on which such employees will be required: The Contractor shall give full consideration to all qualified job applicants referred by the local employment service, but is not required to employ any job applicants referred whom the Contractor does not consider qualified to perform the classification of work required; The payrolls maintained by the Contractor shall contain the following information: The employee's full name, address and social security number and a notation indicating whether the employee does.or does not, normally reside in the area in which the project is located,or in the case of an Ecoqomic Development Center,in'such center or in an adjacent or nearby redevclopmcnt area within the Economic Development District as well as an indication of the ethnic back- ground of each worker.. The Contractor shall include the provisions of this condition in every subcontract for work which is, or reasonably may be,done as on-site work. G-18 00193 SECTION 58. SIGNS The contractor shall supply and erect a project sign(Exhibit X)according to the specifications set forth in the following and hereinafter known as General Condition Number 58. The contractor shall be responsible for maintaining the project sign during construction of the project. Other authorities include: Requirements for Approved Projects and/or Volume 65 of the Public Works Manual of Procedures. EDA SITE SIGNS SPECIFICATIONS Size:4' X 8' X IN' Material:Face!'.'Tempered masonite or equal.Frame I-%' X 3-%'fir-dressed four(4)sides Assembly: l3i" X 33i'fir frame to fit 4' X 8'X 17/r'pane)with two(2)center braces Paint:Face-3 coats outdoor enamel(sprayed) Rear-1 coat outdoor enamel(sprayed) Lettering:Silk screen enamels where possible,or hand painted enamels Colors: Red, white, and blue.Specifically. white background."new jobs for your community" in red; EDA logo and "In partnership with the U.S.Department of Commerce.Economic Development Administration,"blue. _ (See Exhibit X) SECTION 59. NATIONAL HISTORIC PRESERVATION ACT OF 1966 The contractor agrees to contribute to the preservation and enhancement of structures and objects of historical,archi- tectural or archaeological significance when such items are found and/or unearthed during the course of project con- struction and to consult with the State Historic Preservation Officer for recovery of the items. (Reference: National Historic Preservation Act of 1966(80 Stat 915. 16 USC 470)and Executive Order No. 11593 of Mav 31. 1971.) SECTION 60. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT The Contractor agrees to comply with Federal clean air and water standards during the performance of this contract and specifically agrees to the following: a. The term"facility"means(a)any building,plant,installation,structure.mine,vessel or other floating craft,location or site of operations(b)owned, leased.or supervised(c)by the contractor and the subcontractors(d) for the con- struction.supply and service contracts entered into by the contractor. b. thai any facility to be utilized in the accomplishment of this contract is not listed on the Environmental Protection Agency's List of Violating Facilities pursuant to 40 CFR.Part 15.20: c. that in theevent a facility utilized in the accomplishment of this contract becomes listed on the EPA list,this contract may be cancelled.terminated or suspended in whole or in part: d. that it will comply with all the requirements of Section 114 of the Air Act and Section 308 of the Water Act relating to inspection, monitoring,entry.reports.and information,as well as all other requirements specified in Section 114 and Section 308,respectively.and all regulations and guidelines issued thereunder: e. that it will promptly notify the Government of the receipt of any notice from the Director.Office of Federal Activi- ties. Environmental Protection Agency, indicating that any facility utiliicd or to he utilized in the accomplishment of this contract is under consideration for listing on the EPA list of Violating Facilities. G- 19 f. that it will include the provisions of paragraphs a. thronwh g. in every subcontract or purchase order entered into for the purpose of accomplishing this contract,unless otherwise exempted pursuant to the EPA regulations implc- menting the Air or Nater Act 140 CFR.Part 15.5),so that such provisions will be binding upon each subcontractor orvcndor; g. that in the event that the contractor or the subcontractors for the construction,supply and service contracts entered into for the purpose of accomplishing this contract were exempted from complying with the above requirements under the provisions of 40 CFR, Part 15.50), the exemption shall be nullified should the facility give rise to a criminal conviction (See 40 CFR, Part 15.10)during the accomplishment of this contract. Furthermore. with the nullification of the exemption, the above requirements shall be cffective. The contractor shall notify the Govern- mens,as soon as the contractor or the subcontractors' facility is listed for having given rise to a criminal conviction noted in 40 CFR. Part 15.20. SECTION 61. 10 PERCENT MORITY BUSINESS UTILIZATION COMMITMENT - The contractor agrees tb expend at least 10 percent of the contract, if awarded, for bona fide minority business enterprises. For purposes of this paragraph the term "minority business enterprise" means a business at least 50 percent of which is owned by minority group members or, in case of a publicly owned business, at least - 51 percent of the stock of which is owned by minority group members. For purposes of the preceding sentence "minority group members" are citizens of the United States who are Negroes, Spanish-speaking, Orientals, Indians, Eskimos, and Aleuts. No partial or complete waiver of the foregoing requirement shall be --granted by the Owner and approved by the Economic Development Administration other than in exceptional circumstances. To justify a waiver it must be shown that every feasible attempt has been made to comply, and it must be demonstrated that sufficient, relevant, qualified minority business enterprises (which can perform sub-contracts or furnish supplies beyond those already specified in the contract bid) are unavailable in the market area of the project to enable meeting the 10 percent minority business enterprise goal. If it appears that less than 10 percent of the contract funds (or whatever lower percentage has been authorized by waiver) will be expended to such enterprises, this contract will be suspended or terminated unless (a) the expenditure shortfall is not the fault of the contractor or (b) the contractor satisfactorily demonstrates it will make up for the shortfall during the balance of the contract period. Any waivers hereunder are subject to the approval of the 'Economic Development Administration. The contractor further agrees to cooperate with the Owner in furnishing the Economic Development Administration with reports on minority business enterprise utilization after award and at 40 percent completion of the project. G-20 00 •t,•K; , '7 ....:.^'fie z'.' .:»ya x x . r dCSr "� d �� "a:' t;.'-i.+ai .r ,-jz.,.'te M.^.>?`,'r...+a:-...s`•. o•, a-..:... '.�,�.�,. .:!:`.CfFt�=tii.._itF.;�.�...t-4,i'-eco,.+e _.9:..R_ .. .r..,�. ,,,... �R sa�. �. ...'Z��.F-�xre++ S �-XA J _. Failure to comply with the terms of this Paragraph or to use (as may be modified by waiver) minority business enterprises as stated in the contractor's assurance constitutes breach of this contract. SECTION 62. EMPLOYMENT OF ILLEGAL ALIENS During the performance of this contract the contractor agrees not to employ on such project any alien in the United States in violation of the Immigration and Nationality Act or any other law, convention, or treaty ok the United States relating to the immigration, exclusion,•deportation, or expulsion of aliens. The contractor will include the provisions of the preceding paragraph in every subcontract so that such provisions will be binding upon each subcontractor. SECTION 63. UTILIZATION OF UNITED STATES PRODUCTS The contractor agrees to use and cause to be used in such project by all his subcontractors, only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, and supplies mined, produced, or manufactured, as the case may be, in the United States. EDA may determine that for specific projects this requirement does not apply. SECTION 64. EMPLOYMENT OF VETERANS The contractor agrees to provide certification that special consideration, consonant with existing applicable collective bargaining agreements and practices, shall be given to the employment on the project of qualified disabled veterans as defined in 38 USC 2011(1); and to qualified Vietnam-era veterans, as defined in 38 USC 2011(2) (A). G-21 1UU .. c 7; DIVISION H - SUPPLEMENTAL GENERAL CONDITIONS SECTION 1 . DEFINITIONS Whenever the following terms , pronouns in place of them or initials of organizations appear in the contract documents , they shall have the following meaning : Addendum - A document issued by the County during the bidding period which modifies , supersedes , or supplements the original contract documents. Affirmative Action Manpower Utilization Report - A written document daily, weekly , or monthly prepared by the contractor for submission to the County which reports the total number of employees , the total number of minority employees , and the present minority manhours of total manhours worked on the project . Agreement - The written document of agreement, executed by the County and the Contractor. Architect or Engineer - Shall mean the architect , engineer, individual or co-partnership , employed by the County of Contra Costa; or the Public Works Director , or his authorized representative. Bidder - Any individual , partnership, corporation , association, jo—oriventure, or any combination thereof, submitting a proposal for the work, acting directly, or through a duly author- ized representative. Board of Supervisors - Shall mean the duly elected or appointed officials who constitute such a Board , who will act for the County in all matters pertaining to the Contract . Change Order - Is any change in contract time or price and any change in contract documents not covered by subcontractors . Project Inspector , Construction Supervisor , inspector , or Clerk of the Works - Shall mean the authorized agent of the County at the site of the work. ' Contract - The contract is comprised of the contract documents . Contract Documents - The contract documents include the agreement , notice to contractors , instructions to bidders , proposal , plans , general conditions , specifications , contract bonds , addenda , change orders , and supplementary agreements . Contractor - The individual , partnership, corporation , association , joint venture, or any combination thereof , who has entered into a contract with the County. H-1 n , 0019'7 s I. SECTION I. - DEFINITIONS (cont 'd) County - Shall mean the County of Contra Costa , a political subdivision of the State of California and party of the first part, or its duly authorized agent acting within the scope of their authority. Field Order - Is an instruction given during the course of the work. See Section 16B ) General Notes - The written instructions , provisions , conditions , or other requirements appearing on the drawings , and so identified thereon, which pertain to the performance of the work. Plans - The official drawings including plans , eleva- tions , sections, detail drawings, diagrams, general notes , informa- tion and schedules thereon, or exact reproductions thereof, adopted _ and approved by the County showing the location, character, dimension , and details of the work. Specifications - The instructions , provisions , condi - tions and detailed requirements pertaining to the methods and manner of performing the work, or to the qualities and quantities of work to be furnished and installed under this contract . Subconstractor - An individual , partnership , corporation , association, joint venture, or any combination thereof, who contracts with the Contractor to perform work or labor or render service in or about the work. The term subcontractors shall not include those who supply materials only. Superintendent - The representative of the Contractor who shall be present at the work site at all times during performance of the work. Such Superintendent shall at all times be fully authorized to receive and act upon instructions for the Architect or his authorized agents and to execute and direct the work on behalf of the Contractor. Supplementary Agreement - A written 'agreement providing for alteration , amendment, or extension of the contract. Work - The furnishing and installing of all labor, materials , articles , supplies , and equipment as specified , designated , or required by the contract. SECTION 2 . GOVERNING LAWS AND REGULATIONS A. All work and materials shall be in full accordance with the latest rules and regulations of the Uniform Building Code , the State Fire Marshal , the Safety Orders of the Division of Industrial Safety, the National Electric Code, the Uniform Plumbing Code published by the Western Plumbing Officials Association, and other applicable State laws or regulations . Nothing in these Plans or Specifications is to be construed to permit work not conforming to these Codes . The H-2 00198 4. SECTION 2. GOVERNING LAWS AND REGULATIONS (cont 'd) Contractor shall keep copies of Codes on job at all times during construction period . B. Excerpts from Section 6422 of the Labor Code of the State of California are included below. The Contractor shall comply fully with this section of the Labor Code as applicable. "No contract for public works involving an estimated expenditure in excess of $25, 000. 00 for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains a clause requiring submission by the Contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body to whom authority to accept has been delegated , in advance of excavation , of a detailed plan showing the design of shoring , bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders , the plan shall be prepared by a registered civil or structural engineer. "Nothing in this section shall be deemed to allow the use of a shoring, sloping , or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. "Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees . "The terms "public works" and "awarding body," as used in this section shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively." SECTION 3 . CONTRACTOR ' S RESPONSIBILITY FOR PUBLIC UTILITIES A. Public Utilities (a) The Contractor shall send proper notices, make all necessary arrangements , and perform all other services required in the care and maintenance of all public utilities . The Contractor shall assume all responsibility concerning same for which the County may be liable. (b) Enclosing or boxing in , for protection of any public utility equipment , shall be done by the Contractor. Upon completion of the work, the Contractor shall remove all enclosures , fill in all openings in masonry, grouting the same watertight , and leave in a finished condition. (c) All connections to public utilities shall be made and maintained in such maintained as not to interfere with the continuing use of same by the County during the entire progress of the work. SECTION 4 BOND AND INSURANCE A. Compensation Insurance The Contractor shall take out and maintain during the life of this Contract , adequate Workman ' s Compensation Insurance for all his employees employed at the site of the project , and in case any work is sublet , the Contract shall require the subcontractor similarly to provide Workman ' s Compensation Insurance for the latter ' s employees, unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workmen ' s Compensation statute, or in case there is no applicable Workmen ' s Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected . B. Public Liability and Property- Damage ' In'surance The Contractor , at no cost to Public Agency, shall obtain and maintain during the term hereof, Comprehensive Liability Insurance, including coverage for owned and non-owned automobiles , with a minimum combined single limit coverage of $500, 000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident , or occurrence. Contractor shall furnish evidence of such coverage, naming Public Agency, its officers and employees as additional insureds , and requiring 30 days ' written notice of policy lapse or cancellation . The Contractor shall submit a Certificate of Liability Insurance which shall include the "hold harmless" agreement as required in the Articles to Agreement . C. . Certificates of Insurance Certificates of such Workmen ' s Compensation , Public Liability, Property Damage Insurance, and Fire Insurance, shall be filed with the County and shall be subject to County approval for adequacy of protection . All certificates shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least thirty (30) days ' prior written notice has been given to Contra Costa County. D. Performance Bond In addition to the requirements in Paragraph 29 of the General Conditions , the bond shall insure the owner for the term of one (1 ) year from the date of final acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time. t H-4 00200 i i SECTION 4 . BOND AND INSURANCE E. Payment Bond In addition to the requirements in paragraph 29 of the General Conditions , the bond shall be in accordance with the laws of the State of California to secure the payment of all claims for labor and materials used or consumed in the performance of this contract and of all amounts under the Unemployment Insurance Act . SECTION 5. SUBCONTRACTING A. The Contractor shall be responsible for all work performed under this contract , and no subcontractor will be recog- nized as such. All persons engaged in the work will be considered as employees of the Contractor. ' B. The Contractor shall give his personal attention to the fulfillment of this contract and shall keep the work under his control . When any subcontractor fails to prosecute a portion of - the work in a manner satisfactory to the Architect or Engineer, the Contractor shall remove such subcontractor immediately upon written request of the Architect or Engineer and he shall not again be employed on the work. C. Although the specification sections of this contract may be arranged according to various trades , or general grouping of work, the contractor is not obligated to sublet the work in such. manner. The County will not entertain requests to arbitrate disputes among subcontractors or between the Contractor and one or more subcontractors concerning responsibility for performing any part of the work. D. Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. E. Substitution of Subcontractors : Contractor shall not substitute any person or subcontractor in place of a subcontractor listed in his bid proposal without the written approval of the County. Substitution of subcontractors must be in accordance with the provisions of the "Subletting and Subcontracting Fair Practices Act" beginning with Section 4100 of the Government Code. Violations of this Act by the Contractor may subject him to penalties which may Include cancellation of contract , assessment of 10 percent of the subcontractor' s bid , and disciplinary action by the Contractors ' State License Board . SECTION 6. TEMPORARY UTILITIES AND FACILITIES A. All water used on the work will be furnished and paid for by the Contractor. The Contractor shall furnish the necessary H-5 00201 SECTION 6. TEMPORARY UTILITIES AND FACILITIES (cont 'd) temporary piping from the distribution point to the points on the site where water is necessary to carry on the work and upon completion of the work shall remove all temporary piping . B. The Contractor, at his own cost , shall furnish and install all meters, all electric light and power equipment and wiring , all gas meters , gas equipment and piping that is necessary to perform his work and shall remove the same upon the completion of the work. The Contractor shall pay for all power, light and gas used in the construction work. C. The Contractor shall furnish , wire for, install and maintain temporary electric light wherever it is necessary to provide illumination for the proper performance and/or inspection of the work. The lighting shall provide sufficient illumination and shall be so placed and distributed that these Specifications can be easily - read in every place where said work is being performed. This temporary lighting equipment may be moved about but shall be maintained throughout the work, available for the use of the Engineer, Project Inspector , or any other authorized representative of the County whenever required for inspection. D. The Contractor shall provide and maintain for the duration of the work temporary toilet facilities ,for the workmen . These facilities shall be of an approved type conforming to the requirements of the County Health Department , and shall be weather- tight structures with raised floors . Structures are to have adequate light and ventilation and door equipped with latch or lock. Contractor shall service such facilities daily, maintaining same in a clean and sanitary condition. Portion of site occupied by toilet facilities shall be graded and cleaned up upon removal of facilities when so ordered and/or upon completion of work. E. The County will pay directly to the utility companies connection fees , annexation fees , permit fees , acreage fees , and all other fees required by the utility companies and associated with the permanent utility services. If additional fees associated with the temporary services are required they will be paid by the Contractor. The County will not pay for water, gas , telephone and electricity consumed on the project until after the County makes written request to the utility companies that: billinas be sent to the County. (Normally the County will make these requests after the project is accepted as complete. ) F. A 3 ' X 4 ' bulletin board (protected from the weather) on which to display wage rates , equal opportunity data , emergency telephone numbers and other information as directed by the Engineer. SECTION 7 . PERMITS The Contractor is not required to pay any charges associated with permits . ( It is not the present policy of the County to pay fees to the incorporated cities for permits . ) ¢. , .. H-6 00202 ry rt SECTION 8. CONDUCT OF WORK A. The Contractor shall observe that the County reserves the right to do other work in connection with the project by Contract or otherwise, and he shall at all times conduct his work so as to impose no hardship on the County or others engaged in the work. He shall adjust , correct and coordinate his work with the work of others so that no discrepancies shall result in the whole work. B. Proper facilities shall be provided at all times for access of the County representatives to conveniently examine and inspect the work. C. If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the written request of the Engineer/Architect , and such person shall not again be employed on the work. _ D. Certification of Nonsegregated Facilities - Notice to Prospective Contractors of Federally Assisted Construction - (a) A Certification of Nonsegregated Facilities , as required by the May 9, 1967 , order (32 F. R. 7439, May 19,• 1967) on elimination of segregated facilities , by the Secretary of Labor , must be submitted prior to the award of federally assisted construction contracts exceeding $ 10, 000 which are not exempt from the provisions of the Equal Opportunity clause. (b) Contractors receiving federally assisted construction contract awards exceeding $ 10, 000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $ 10, 000 and are not exempt from the provisions of the Equal Opportunity. clause. Notice to Prospective Subcontractors of Requirements for Certifications of Nonsegregated Facilities - (a) A Certification of Nonsegregated Facilities as required by the May 9, 1967 , order (32 F. R. 7439, May 19, ) 967) on elimination of segregated facilities , by the Secretary of Labor , must be submitted prior to the award of a subcontract exceeding $ 10, 000 which is not exempt from the provisions of the Eqaul Opportunity clause. (b) Contractors receiving subcontract awards exceeding $ 10, 000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construc- tion contracts where the subcontracts exceed $ 10, 000 and are not exempt from, the provisions of the Equal Opportunity clause. H-7 002o03 L CERTIFICATE OF NONSEGREGATED FACILITIES The federally-assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control , where segregated facilities are maintained. The federally-assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control , where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term ""segregated facilities" means any waiting rooms, work areas, rest rooms, and wash rooms, restaurants and other eating areas, time clock:, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are _ segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin,_because of habit, local . custom, or otherwise. The federally-assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications in. duplicate from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain the duplicate of such certifications in his files. The subcontractor will include the original in his Bid Package. Race or ethnic group designation of subcontractor. Enter race or ethnic group in the appropriate box: ( ) Negro ( ). Spanish American ( ) Oriental ( ) American Indian ( ) Eskimo ( ) Aleut ( ) White (Other than Spanish American) - The construction subcontractor certifies that he is not affiliated in any manner with the Grantee/Borrower (City) of the federally-assisted construction project. REMARKS: H-8 00204 ,. . .. „. M i MAW Certification The information above is true and. complete to the best 'f my knowledge and belief. Name and TitIe., of S.ignee Signature Date NPTE: The penalty for making false statements in offers is prescribed in 1$ U.S.C. 1001 . xt _ -.,...:.^.. .� fit. `tr,:•a. .t £i':+we- .`" _' ..�'�- "'":�:.w"O'.i. :.�2 ,_. 71�.1:»sa Aw,..�� _ �:...a„'t.,+_O;S•.iTax,d`�'=r�T`r-S'..,.ie. _. >.,�',.��fY.. _ w SECTION 9. INSPECTION f A. Whenever the Contractor intends to perform work on Saturday, Sunday, or a legal holiday, he shall give notice to the County of such intention at least two working days prior to performing such work, or such other period as may be specified , so that the County may make necessary arrangements. SECTION 10. REJECTIONS OF MATERIALS A. If the Contractor does not remove such condemned — work and materials within reasonable time , fixed by written notice , the County may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expenses of such removal within ten (10) days thereafter, the County may upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof after deducting all costs and expenses that should have been borne _ by the Contractor. SECTION 11 . INTERPRETATION OF CONTRACT REQUIREMENTS A. Correlation : The contract documents shall be inter- preted as being complementary in requiring a complete work ready for use and occupancy or, if not to be occupied , operation . Any require- ment occurring in any one of the documents is as binding as through occurring in all . B. Conflicts in the Contract Documents : In the event of conflict in the contract documents , the priorities stated in subdivisions 1 , 2, 3 , and 4 below shall govern : 1 . Addenda shall govern over all other contract documents, except the County' s Standard Form Agreement unless it is specifically indicated that such addenda shall prevail . Subsequent addenda shall govern over prior addenda only to the extent specified . 2. In case of conflict between plans and specifi - cations , the specifications shall govern . 3. Conflict within the Plans : a. Schedules , when identified as such, shall govern over all other portions of the plans . b. Specific Notes , shall govern over all other notes and all other portions of the plans . c. Larger scale drawings shall govern over smaller scale drawings . 4. Conflicts within the Specifications : a . The "General Conditions of the Contract" shall govern over all sections of the specifications except for specific modif•i,ca,tion,s thereto that may be stated in the Special Conditions . H- 10 SMn SECTION 11 . INTERPRETATION OF CONTRACT REQUIREMENTS (cont ' d) 4. Corrflicts within the Specifications : (cont'd) b. Omissions : If the contract documents are not complete as to any minor detail of a required construction system or with regard to the manner of combining or installing of parts , materials , or equipment , but there exists an accepted trade standard for good and workmanlike construction , such detail shall be deemed to have been impliedly required by the contract documents in accordance with such standard. "Minor detail" shall include the concept of substantially identical components , where the price of each such component is small even though the aggregate cost or importance is substantial , and shall include a single component which is incidental , even though its cost or importance may be substantial . The quality and quantity of the parts or material so supplied shall conform to trade standards and be compatible with the type, composition, strength, size, and profile of the parts or materials otherwise set forth in the contract documents . SECTION 12. CLARIFICATIONS AND ADDITIONAL INSTRUCTION : A. Notification by Contractor: Should the Contractor discover any conflicts , omissions , or errors in the contract documents or have any question concerning interpretation or clarification of the contract documents, or if it appears to him that the work to be done or any matters relative thereto are not sufficiently detailed or explained in the contract documents , then , before proceeding with the work affected , he shall immediately notify the County in writing through the Construction Supervisor, and request interpretation , clarification or furnishing of additional detailed instructions concerning the work. All such questions shall be resolved and instructions to the Contractor issued within a reasonable time by the County, whose decision shall be final and conclusive. Should the Contractor proceed with the work affected before receipt of instructions from the County, he shall remove and replace or adjust any work which is not in accordance therewith and he shall be responsible for any resultant damage, defect or added cost . B. Field Orders : During the course of the work the Architect and/or Engineer may issue Field Orders regarding the work. These Field Orders will supplement the Plans and Specifications in order to clarify the intent of the contract documents by adjustment to meet field conditions or to make the various phases of the work meet and join properly. A Field Order involves no change in contract time or price. Performance, partially or in full , of a Field Order shall constitute a waiver of claim for a change in contract time or price for the work covered by the Field Order, unless a Change Order has been issued . 3C Change Orders : See SECTION 17 this Division . H- 11 00201 . T7 I SECTION 13 . PRODUCT AND REFERENCE STANDARDS : A. Product Designation : When descriptive catalogue designations , including manufacturer ' s name, product brand name, or model number are referred to in the contract documents , such designat- ions shall be considered as being those found in industry publications of current issue at date of first invitation to bid . B. Reference Standards : When standards of the Federal Government , trade societies , or trade associations are referred to in the contract documents by specific date of issue, these shall be 'considered a part of this contract. When such references do not bear a date of issue, the current published edition at date of first invitation to bid shall be considered as part of this contract . SECTION 14. MATERIALS , ARTICLES , AND EQUIPMENT: A. Material shall be new and of quality specified . _ When not particularly specified , material shall be the best of its class or kind. The Contractor shall , if required , submit satisfactory evidence as to the kind and quality of material . Price, fitness and quality being equal , preference shall be given to products made in California, in accordance with Section 4380 et seq. , of the Government Code , State of California. B. Mechanical equipment , fixtures and material shall be delivered in original shipping crates to the job site and the County shall be notified of the receipt of such equipment , fixtures and material before uncrating. The County will , when desired , inspect such equipment, fixtures or material to determine any damage or deviation from that specified . Items damaged during delivery shall be rejected . C. All materials shall be delivered so as to insure a speedy and uninterrupted progress of the work. Same shall be stored so as to cause no obstruction , and so as to prevent overload- ing of any portion of the structure, and the Contractor shall be entirely responsible for damage or loss by weather or other causes. SECTION 15. SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES , ALTERNATIVES A. Descriptive Data - Submit sets of manufacturer ' s brochures or other data required by the specifications in the number - of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents . The County will examine such submittals, noting thereon corrections , and return three copies with a letter of transmittal indicating actions taken by the County or required of the Contractor. B. Samples - Submit samples of articles , materials or equipment as required by the specifications . The work shall be in accordance with the approval of the samples . Samples shall be removed from County property when directed . i H- 12 00208 SECTION 15. SHOP DRAWINGS , DESCRIPTIVE DATA, SAMPLES , ALTERNATIVES (cont ' d) Samples not removed by the Contractor, at the County ' s option , will become the property of the County or will be removed or disposed of by the County _at Contractor ' s expense. C. Whenever a material or process is identified on the Plans or the Specifications by a manufacturer ' s name or number it is intended to establish a standard . If the Contractor and/or subcontractors desire to substitute any other manufacturers material or process of equal quality performance and design to that specified , the Contractor shall make application and submit evidence satisfactory to the County , substantiating the material or process as equal to that specified ; and that it will perform in relation to all other aspects of the work without requiring changes to the other work. Request for substitution shall be made with ample time for the County' s review so that no delay will occur in the work. No extension of time will be considered because of substitutions. Failure to propose the substitution of _ any material or process within thirty five (35) days after signing of the contract , is sufficient cause for the denial of request . The County will not be responsible for any resulting deviations from Plans and Specifications caused by acceptance of substitute materials or processes . The Contractor shall notify the County of all changes necessitated by substitutions ; and shall make no changes without approval of the County and those approved changes shall be made without additional cost to the County. Include in all submissions for substitution , evidence of comparative cost of materials and processes so that the County may receive a credit if the substitution is of lower cost than that specified . The Contractor shall note that the burden of proof as to the comparative quality or suitability of the offered materials or processes shall be upon the Contractor. The County shall be the sole judge as to such matters. if the substitution is rejected , then the specified material shall be supplied . SECTION 16. SAMPLES AND TESTS The County reserves the right at its own expense to order tests of any part of the work. If as a result of any such test the work is found unacceptable, it will be rejected and any additional test required by .the County shall be at Contractor ' s expense. Unless otherwise directed , all samples for testing will be taken by the County from the materials , articles or equipment delivered , or from work performed , and tests will be under the supervision of, or directed by , and at such places as may be convenient to the County. Materials , articles , and equipment requiring tests shall be delivered in ample time before intended use to allow for testing , and none may be used before receipt of written approval by the County. Any sample delivered to the County or to the premises for examination , including testing , shall be disposed of by the Contractor at his own expense within not more than ten ( 10) days after the Contractor acquired knowledge that such examination is concluded , unless otherwise directed by the County. H- 13 0019.09 7 � ...._ .. .. ...r3 .�+e�� T ac SECTION 17. CHANGE ORDERS A. Allowable Time Extensions - For any change in the work, the Contractor shall be entitled only to such adjustments in time by which completion of the entire work is delayed due to performance of the changed work. Each estimate for a change in the work submitted by the Contractor shall state the amount of extra time that he considers should be allowed for making the requested change. B. Records and Supportive Information - 1 . The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a cost-plus basis and the costs of other operations. 2. Contractor shall maintain daily records showing man hours and material quantities required for cost plus work. The Contractor shall use a form approved or provided by the County. The forms will be filled out in duplicate and the County' s inspector will review and attach his approving signature - to the form on the day the work is performed . 3 . Rental and material charges shall be substantiated by valid copies of vendor ' s invoices . 4. The Contractor ' s cost records pertaining to cost-plus work shall be open to inspection or audit by the County. C. Failure to Agree as to Cost - Notwithstanding the failure of the County and the Contractor to agree as to cost of the proposed change order, the Contractor , upon written order from the County, shall proceed immediately with the changed work. Daily job records shall be kept as indicated in Paragraph (d) above and when agreed to by the Contractor and the construction inspector, it shall become the basis for payment of the changed work. Agreement and execution of the daily job record by the construction inspector shall not preclude subsequent adjustment based upon a later audit by the County. SECTION 18. OCCUPANCY BY THE COUNTY PRIOR TO ACCEPTANCE The County reserves the right to occupy all or any part of the project prior to completion of the work, upon written order therefor. In such event , the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the County. Such occupancy does not constitute acceptance by the County of the work or any portion thereof , nor will it relieve the Contractor of responsibility for correcting defective work or materials found at any time before the acceptance of the work as set forth in Section 20 or during the guaranty period after such acceptance, as set forth in Section 21 . 00210 H- 14 SECTION 19. PAYMENT OF FEDERAL OR STATE TAXES Any Federal , State or local tax payable on articles furnished by the Contractor, under the Contract , shall be included in the Contract price and paid by the Contractor. The County will furnish Excise Tax Exemption Certificates to the Contractor for any articles which are required to be furnished under the Contract and which are exempt from Federal Excise Tax. SECTION 20. ACCEPTANCE A. The work shall be accepted in writing only when it shall have been completed satisfactorily to the County. Partial payments shall not be construed as acceptance of any part of the work. B. Final acceptance of the Contract will not be given until all requirements of the contract documents are complete and approved by the County. This shall include, but is not limited to, all construction, guarantee forms , parts list , schedules , tests, operating instructions , and as-built drawings - all as required by the contract documents. SECTION 21 . GUARANTEE A. The Contractor further agrees , that within 10 calendar days after being notified in writing by the County of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time , and in the event he fails to so comply, he does hereby authorize the County to proceed to have such work done at the Contractor ' s expense and he will pay the cost thereof upon demand . The County shall be entitled to all costs , including reasonable attorney' s fees, necessarily incurred upon the contractor' s refusal to pay the above costs . Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the County' s employees , property, or licensees, the County may undertake at the Contractor ' s expense without prior notice all work necessary to correct such hazardous conditions when it was caused by work of the Contractor not being in accordance with the requirements of this contract . B. The general contractor and each of the listed subcontractors shall execute and furnish the County with the standard guarantee form. H- is 00211 GUARANTEE FOR CONTRA COSTA COUNTY BUILDING MARTINEZ , CALIFORNIA We hereby guarantee to the County of Contra Costa the Type of Work which we have installed in the NAME OF BUILDING ,California , for year (s) use from date of filing of the completion notice in the Office of the County Recorder. We agree to repair or replace to the satisfaction of the County any or all such work that may prove defective in workmanship or materials within that period , ordinary wear and tear and unusual abuse or neglect expected , together with any other work which may be damaged or displaced in so doint . If we fail to comply with the above mentioned conditions within a reasonable time after being notified in writing ,we, collectively and separately, do hereby authorize the owner to proceed to have the defects repaired and made good at our expense and we will pay the costs and charges therefore immediately upon demand . This guarantee covers and includes any special terms , including time periods , specified for this work or materials in the plans and specifications for this project . This guarantee supersedes any previous guarantees we have made for this particular project. SUBCONTRACTOR Date: (Affix Corporate Sea] ) GENERAL CONTRACTOR Date: (Affix Corporate Sea ] ) Note: If the firm is not a corporation , add a paragraph stating the type of business organization and the capacity and authority of the person signing the guarantee. r H- 16 00212 Y ! FIR ''Zr' S t�rw ',lP2. a f EXHIBIT X W •c ..cLl I , CL . ru n G� 1 ca .1 No. ) iPROMM . �,... .�`3=• ��.rc�5`<s ::..• 's- ..-t.s. ,..:- -�K...v-"_. .�:� ..':J S,r. �Y.t MR W T i I ■IPS! J ..i5z J a4� 1 <_ x` Q IL Q ;x r ' ■ Kfi iwru 00214 Number 2 2 4a ,- "Y.ASOM/rF -S„PLrl��oo� ti 10 - f � to h� i - � nJ �w:.� 0 mow; icy � • lam/,�/\�\J//�� • � is � �' y- d �S/G•i/-A ��ICH J 0021.5 Number 3 �•� IIPI 1 Zx4 •.� ' J ChM,. -lx4 POST Sicw w 10; ,f Number 4 00216 i i ^fir- . . _____ Ai IV +_ OAS ol .. 4 :_% •'.. mil it I�,..+/^. y�t'.�.��, . Number S 00233 EDA SITE SIGN SPECIFICATIONS Size: Sign A: 4'. x 8' x 1 7/8" Sign B: 4' x 8 ' x 3/4" Materials: Face: Sign A - 1/4" tempered Masonite Sign B - 3/4" or greater shop sanded (exterior) ' plywood (one side only) Framing : Sign A - 2" x 4" nominal on four sides and center cross bracing Sign B - 2" x 4" center cross bracing only Supports : 4" x 4" x 12 ' nominal post Assembly: Sign A: 2" x 4" frame to fit 4' x 8' board with _ 2" x 4" cross braces Sign B: To be mounted directly to the 4" x 4" post , with cross bracing Mounting : Signs A and B are to be mounted to the 4" x 4" post with a 3/8" minimum bolt and nut , four on each side of the sign. Each bolt is to have two washers , one between the sign and the head of the bolt and the other between the post and the nut . Erection: 4" x 4" posts are to be set three to four feet deep into concrete 12" in diameter. Paint : Face: Three coats outdoor enamel (sprayed) Rear: One zoat outdoor enamel (sprayed) Colors : Crimson Red, Stark White and Royal Blue. Specifically white background ; "JOBS" in red ; "for your community". in blue; "EDA" logo and "in partnership with the U.S . DEPARTMENT OF COMMERCE - Economic Development Administration" in black. Lettering : Silk screen enamels. Lettering sizes and positioning will be as illustrated. Project signs will not be erected on public highway rights-of-way. Location and height of signs will be coordinated with the agency responsible for highway or street safety in the area, if any possibility exists for obstruction to traffic line of sight. If , at the end of the project , the sign is reusable, it shall be disposed of as directed by the EDP. Regional Office . Scale : 1" = 1 ' -0" a_,:' DIVISION i SCHEDULE OF DRAWINGS DRAWING Sheet No. Title Sheet, Roof Plan 1 Site Plan, Details 2 Floor Plan, Schedules 3 Elevations, Details 4 Interior Elevations 5 Millwork Details 6 Foundation Plan, Framing Pian 7 Structural Sections 8 Mechanical 9 PIuirbing 10 Electrical - Lighting Plan 11 Electrical - Power Plan 12 00219 hSYZGu'.sna.`a..'J.�..a'�"'`'rsw..."'.N.'k:' 4.. .. ,.' :.12'1• :i ,. ... - .-_ .. .. -` S. !' 1 h ",�„�F�' '_ _ __- ... � Y 1!`�7K�. DIVISION 1 GENERAL REQUIREMENTS SECTION 1A STANDING REQUIREMENTS 1A- 1. I`iCLUSION OF GENERAL CONDITIONS A. The General Corditions and following General Requirements are hereby ;-ade a part of this Specification which, together with Addenda, accow-.:anying drawings, and &—an,t• orders are hereby made a part of the contrr.,t documents. The General Conditions es set fort;, in full apply to all sections of the Specifications as if restated in full . 1 2, DRAWINGS AND SPECIFICATIONS: A. Drawings which form a part or Contract D.:cuments accompany these specifications. B. Specifications which form a part of Contract Documents consist of sections as listed in Table of Contents in for�_;,art of these _ specifications. C. Addenda to Specifications: Instructions issued by Owner covering changes in or spacial interpretations of, drawings or specifications, are incorporated in Contract Documents by means of Addenda to Specifi- ca'l-ions, before executing contract. Verify that changes and fnterpre- ta--ions covered by such instructions have been correctly listed and described in the related Addenda. D. The Contractor shall check each set of drawings and specifications and verify that each and all sheets are included as scheduled or indexed. Be responsible in notifying the Owner of any sheets which may not be included. 1A- 3. EXA2aINATION OF THE SITE: A. Data in these specifications and on the drawings are as accurate as possible, but are not guaranteed. The Contractor shall verify locations, levels , dimensions and features of the site and related improvements that may affect the work. No allowance will be made in his behalf for any extra expense resulting from failure or neglect in determining the con- ditions under which the work is to be performed. IA- 4. SUBCONTRACTS A. Subcontractors shall consult with those doing other work to ascertain locations of various materials and to familiarize them with his own material locations, making such changes as may be required to obtain best results in opinion of (Ywner whose decision shall be final . B. Subcontractors shall schedule work and cooperate with those doing other work to avoid delays, interferences and unnecessary work conforming to schedule of operations, making installation when and where directed. C. Separate Contract Items: As indicated, cooperate with Contractors in- stalling such iters so as to facilitate their satisfactory installation. (l►f12U Standing Requirements IA-1 x F y ,- �R�r ...., Y;ia.. 1A- 5. MAINTENANCE OF EXISTING IMPROVEMENTS AND UTILITIES A. The Contractor shall be responsible for securing his equipment and mat- erials, during construction, against vandalism or weather damage. B. The removal andlor replacing of any existing improvements, pipes, conduits, pavement, etc. , necessary for the proper completion of any work herein specified shall be performed by the Contractor, and no claim for extra work shall be made fcr such removal and replacement. 1. In case is shall be necessary to remove or relocate any w_ter pipes, electrical cor,luits or underground utilities or structures of any character, or any portion thereof, the G ,ner or his agent or super- intendents shall be notified by the Contractor and the Contractor shall make the necessary arrangements for such- reTaval . The right is re- served to the Gas, Water, Telephone, and EILctrical Power Transmission companies to enter upon the work for the purpose of making repairs and -a® changes that have become necessary by reason of the work specified herein. 2. The Contractor shall thoroughly investin-:'e all existing wires, pipes and conduits above - nd below ground, ar:l shall provide for the main- tenance or replace!r-•_nt of same in good condition. Refer to Mechanical Work, DIVISION 15 and Electrical Work, DIVISION 16. 11,- 6. PROTECTION OF WORK AND PROPERTY A. Contractor will be held responsible for care and preservation of existing trees, landsc-aping, utilities, walks, str;lets and parking areas which are to remain, and coterminous property. He shall repair, replace or clean, at his own expense and to Owner's satisfaction, parts of them injured, damaged or disturbed because of his work. B. The work shall include such temporary fences, barricalies , lights, covers and other safety devices necessary for the protection of life or property and to prevent accidents. Existing facilities that interfere with the work shall be re-routed or boxed in or oth_zrwise protected and maintained in service. Provide dust barriers where necessary. C. The County or the firmer will not be held responsible for the security, loss or damage to materials, equipment, tools, etc. , stored within the building or premises. 1A- 7. INTENT OF DOCUMI-ENTS A. Contract documents are intended to include everything necessary for proper execution of project. Every item necessarily required may not be specifi- cally mentioned or shown. Unless expressly stated otherwise, systems and equipment shall be complete and operable. 1A- 8. CONFLICTS BETWEEN DOCUMENTS A. Drawings indicate general arrangement and location of such items as piping, conduit, ductwork, apparatus and equipment. Contractor shall , if necessary, deviate from arrangement or location shown in order to meet structural or architectural conditions or because of interference with other work, after notifying the Owner without expense to Owner.. Standing Requirement s�, Ail yi� 2 - -. _ .ro 9 IA- 8. (continued) notifying the Owner without expense to Owner. IA- 9. CODES & STANDARDS A. Contractor shall conform to all local , city, County and state building and sanitary laws, rules and regulations, and industrial safety laws. In the absence of definite requirerr.nts on the drawin::= , the provisions of such rules and regulations shall be c�•served by the Contractor. In case of conflict, the most strict requirement shall govern. B. Unless otherwise noted, all manufactured matQrisfs, products, processes, equipment or the like shall be installed in a:. .ordance with manufacturer's printed instructions or specifications. C. Specified manufactured products, brand names and asse;rblies are to establish standards of quality and utility. Substitutions of equal quality and utility acceptable, subject to approval by the Owner. Refer to.General Conditions, Section 19 and 20. D. In the specifica -tions following, certain industry, association, State and/or Federal Government Standard Specification docui7ents arc referred to, to establish minimum requirements for materials and/or w ork:rsnship. Copies of each are on file with the Owner. Copies may be obtained by the. Contractor by applying to the respective industry, association, State and/or Federal Covernment department. 1. "F.S." refers to Federal Specifications of the respective numbers established ty the procurement Division of the United States Government, of the latest editions including Amendments thereto but not including War Emergency Amendments. 2. "C.S." refers to Commercial Standards of the respective number by U.S. Department of Commerce. 3. "A.S.T.M." refers to tentative specifications, standard specifications, standard methods or standard methods of testing, of the respective serial number issued by the American Society for Testing Materials. 4. "U.B.C." or "I.C.B.O." refers to Uniform Buildfng Code by International Conference of Building Officials, of Edition as adopted and amended as a local ordinance. 1A-10. MANUFACTURERS' INSTRUCTIONS A. With exceptions as specified or indicated on the drawings, apply, install , connect, erect, use, perform, clean, and condition all manufactured articles, materials, and equipment in accordance with manufacturers' current printed recommendations. Keep all copies of such printed recommendations at the job site and make available to the Owner or his representative. 1A-11. INSPECTION OF MATERIALS A. Contractor shall make close inspection of materials as delivered. He shall promptly reject and return defective materials without waiting for rejection bye-0•wrier: 00 222 Standing Requirements 1A-3 1A-12. WORKMANSHIP A. Contractor shall inspect work in progress to. insure that it is of highest possible quality. Wort:raanship will be subject to approval of L%4ner; defective or substandard work shall be removed and corrected to his satisfaction. 1A-13. MATERIALS, SERVICES AND FACILITIES A. Materials for cons tru:tion op?ration shall be brought in, unless otherwise rioted, and work cond!_rted so as to avoid interference with concurrent con- struction by others or necessary field operations relative to future work. Materials shall be stored on site where directed jay the Owner. 1A-14. PERMITS, FEES, AND REGULATIONS A. The Owner will secure and pay for all building permits and fees and any other permits as necessary or required by governmental agencies to complete the work. Refer to Mechanical , DIISION 15 and Electrical , DIVi3I0N 16. B. If Contractor observes that Drawings and Specifications are at variance with codes, h- shall notify Owner in writing at once. 1A-15. UTILITIES A. Gas, water and electrical power are available at the site and will be paid .for by the Owner. 1A-16. ACCURACY OF DATA FOR PLUMBING AND MECHANICAL WORK A. The drawings indicate the general arrangement and location of piping, and locations of apparatus and equipment. Should it be necessary to deviate from arrangement or location shown in order to meet structural or archi- tectural conditions or because of interference with other work, such deviation shall be rade 4:ithout expense to ty:Q Owner. B. Extreme accuracy of the data given in the specifications and on the draw- ings is not guaranteed. The drawings and the specifications are for the assistance and gui-"ince of the Contractor, and exact locations , distances and levels will be governed by thle building site and actual building conditions. 1A-17. FORM OF SPECIFICATIONS A. Specifications are of the abbreviated type and include simplified and incomplete sentences. Omissions of words or phrases such as "the Contractor shall", "in conformity with", "shall be", "as noted on the drawings", "according to the drawings", "an", "the", "all", etc. , are intentional . Onitted words and phrases shall be supplied by inference. These abbrevia- tions shall in no way change the intent or meaning of this specification. 0OV3 . 4 � Standing Requirements 1A-4 a 1A-18. CONTRACTOR'S SUPERINTENDENCE AND SUPERVISION A. The Contractor's Superintendent shall represent the Contractor in his absence and all directions given him shall 6e as binding as if given to the Contractor. The Owner shall not `:e responsible for the acts or omissions of the Superintendent or hs assistants. B. The Contractor and his superintendent shall give efficient supervision to the work, using his best skill and attentlen. T .y shall carefully study and compare all Drawings, Specifications and oti-ir instructions and shall at once report to the Caner any error, inconsistency or omission which he may discover. C. The Contractor shall furnish the name of his• superintendent to the Owner at the preconstruction conference. If any change is made during the pro- gress of the work, the Owner shall be notified in writing. 1A-19. SEASONAL LIMITS A. No utilities shall be constructed or installed and no Davement nor fill material shall be placed, spread or rolled during unfavorable weather corditions. When the work is interrupted b;• heavy rain, fill operations shall not be resumed until field tests by the Owner's representative indicates the moisture content and density of the fill are as specified in these specifications. 1A-20. PREREQUISITES TO FINAL ACCEPTANCE: A. Before final acceptance of the work is authorized, the following require- ments of the contract documents shall be complete and approved. This shall include but is not limited to the following: 1. Submission to Owner, required written guarantees. Each and every subcontractor performing work or furnishing material incorporated in this project shall submit a written guarantee of the work or material , use standard guarantee form approved by. the Owner. 2. Satisfactory completion of all construction work. 3. Provide Owner with a coralete list of subcontractors and principal vendors, including addresses and telephone numbers. 4. Deliver to Owner a complete file of Operation b Maintenance Manuals of equipment and materials used in the work, and a complete parts list. 5. As Built Drawings: Refer to Section 1B, "Procedures", IB-5 "Drawings of Record". Standing Requirements 1A-5 j DIVISION 1 GENERAL REQUIREMENTS SECTION 1B PROCEDURES 1B- 1. PRE-CONSTRUCTION CONFERENCE A conference will be arranged prior to the start of work which shall be attended by the Contractor and the Owner. The purpose shall be to reach agreement on the timing and method of all procedures related to the smooth progress of the work- and contract and discussion of any ether items that may require clarification. Also, the procedure and distribution of all documents and correspondence related to the conCract shall be established. 1B- 2. CONTRACTORS OPERATIONS A. Premises, buildings, grounds and utilities serving them not particularly assigned to Contractor shall not be used for Contractor's convenie,ice nor used without express permit to do so, arranged for in advance with OwnE!r. B. Contractor shall maintain and protect existing facilities encountered in or near vicinity of ti•iork or operations under the Contract, including on - grade, above grade, and below c-ade structures, utilities , construction and improvements, whether existing or newly placed under Contract. C. No service shall be shut down, transferred or otherwise interrupted without first giving the County Inspector 2 working days advance notice. The County Inspector will schedule all utility shutdowns. D. When utilities are accidentally or inadvertently interrupted, they shall be immediately restored to service prior to continuation of any other work under the Contract, regardless of the hour of occurrence. E. The Contractor shall store materials to be used for the project in the area so designated on the plans or as directed by the Own:;r. F. The Contractor shall maintain a clean and protected operation. Protection of adjacent areas will be provided by the Contractor as neces� ry. Floors shall be broom clean, and all debris and waste shall be colle: 'Led and removed at the end of each working day. The Contractor shall provide his own trash box. G. The Contractor shall take proper measures to prevent tracking of debris onto City streets, roads or drives. All egress from the site shall be maintained in a clean condition, and any debris tracked ontostreets , roads and drives shall be immediately removed and the affected area cleaned. The Owner may order such work at any time as the conditions warrant. H. The Contractor shall deliver to the Project Inspector each week a com- pleted copy of the Weekly Manpower Report. Report forms will be furnished by Contra Costa County. 1B- 3. PROJECT COST BREAKDOWN Before starting the work the Contractor shall submit to the Owner a complete project cost breakdown and separate Progress Schedule for purposes of assess- ing his applications for payment by the Owner. The breakdown shall be typed and shall be in a form acceptable to the Owner. t 0042-) 1B Procedures 1 +; *I`,' ' .. '' `,�....- I '" . -..".. .t. .. :_ ,.F,•Mi� 7. `.t^C.#?TgS. . .., x, -.a?Y. .:. .s,...Ar. 3.a.<::r:Y« ,�^ - - rx�:.a.,:hr 1B- 4. RECORDS OF INVESTIGATION A. The following records of investigations and documents are available to the Contractor for reference: Contract Documents describing previous improvements , and Soil Investigation Report made on the adjacent site. B. The Contractor shall promptly, and before such cor:dition is disturbed, notify the Owner- in writing of soil or subsurface conditions which differ materially from those conditions shown in the contract documients or in the records of investigations of soil or subsurface conditions referred to above. 1B- 5. DRAWINGS OF RECORD Contractor shall maintain as-built drawings of work continuously as job pro- gresses. Separate set of prints, for this purpose only, shall be kept at job site. These drawings shall be up-to-date and so certified by &-ner's repre- sentative at time each progress bill is submitted. Refer to Mechanical , DIVIION 15 and Electrical , DIVISION 16 for "As Built Drawings" requirements. Upon completion of work, Drawings shall be turned o.-2r to the Owner, who has the original tracings on file. A7 built drawings shall be convenient at all times a -d Progress Payments will not be approved unless as built drawings are up to date. 1B- 6. PUBLICITY RELEASES Contractor shall not release any information, story, photograph, plan or drawing relating to project to anyone including press or other public communi- cations media, except as submitted and approved for release by the Owner. 1B- 7. CONFERENCES The Owner shall have authority, at any time during th` progress of work, to require Contractor and Subcontractors to attend conference of those engaged on work. Notice of such conference shall be duly observed and complied with by Contractor and Subcontractors. 1B- 8. NOTICE FOR ROOFING INSPECTION The Contractor, shall notify the Owner, in writing, 7 days in advance, when the building will be ready for roofing. The Owner may then request inspection from the manufacturer of the roofing materials. 1B- 9. CLEANUP & BROKEN GLASS A. The Cleaning requirements of the General Conditions shall be supplemented as follows: 1. Cleaning of Glass: The Contractor shall wash & polish all glass and remove paint and putty stains. 2. Cleaning of Fixtures and Equipment: The Contractor shall remove all stains, paint and dirt from all fixtures and equipment. 3. Cleaning and Polishing Hardware: The Contractor shall remove stains, paint and dirt and he shall polish all hardware for all trades on completion. 4. Cleaning Painted, Stained and Decorated Work: The Contractor shall remove all stains, dirt and other soil from all painted, stained and decorated work. 5. Cleaning and Polishing Waxed Woo&- rk: The Contractor shall clean aid polish all waxed woodwork upon completion. B. Broken Glass: The Contractor shall , at his own expense, replace all damaged, scratched or broken glass. 0022 j 1B Procedures 2 TRWS _ A z DIVISION 1 GENERAL REQUIREMENTS SECTION 1C SCOPE OF WORK AND CONSTRUCTION SCHEDULE 1C- 1. SCOPE OF WORK A. The work required of this contract includes furnishing of labor, materials, appliances, tools, equipment, transportation, services and performing all operations for and properly incidental to the construction and proper completion of the project as shown and noted on the drawings and as speci- fied in these Specifications. Items furnished and installed by the Owner are N.I.C. or "by others". Items furnished by the Owner but installed by the Contractor as part of the work are so indicated on the Drawings. B. The Contractor shall furnish all materials, transportation, labor and services necessary for and incidental to the completion of the work. C. The work shall include all sitework described in the Contract Documents Including all asphalt paving, concrete drive aprons, curbs, storm drains, etc. 1C- 2. CONSTRUCTION SCHEDULE The Contractor shall prepare a sequence of construction and time schedule for Owner's review. No work shall commence before approval of said schedules by the Owner. L- Scope of Work & Construction Sched. 1C - 1 00227 . 4 = _ * P03�iY' DIVISION 1 GENERAL REQUIREMENTS SECTION 1D TEMPORARY FACILITIES 1D- 1. GENERAL A. Contractor shall provide, maintain and remove upon completion of work temporary rigging; scaffolding; hoisting equipment; rubbish chutes; barricades around reserved areas, openings and excavations; fences and other temporary work as required. B. Temporary work shall conform to requirements of State and local authorities and underwriters which pertain to operation, safety and fire hazard. Contractor shall furnish and install items necessary for conformity with such requirements, whether called for under separate divisions of specifications or not. Furnish lighting at hazardous locations if required by job conditions or Owner. 1D- 2. TEMPORARY JOB OFFICE, TELEPHONE & TOILET FACILITIES A. The Contractor shall provide and maintain a telephone and temporary weatherproof office space for himself and for use by the Owner's representatives. Provide locks for doors and furnish 3 sets of keys to the Owner. Provide drawing table and chair. Provide heat. B. The Contractor shall provide, maintain, and pay all costs until final acceptance of the project, for private line telephone services in the temporary office, for use of the Contractors and the Owner's represen- tatives. Pay telephone service will not be acceptable. C. The Contractor shall provide and maintain temporary toilet facilities for the duration of the work. These facilities shall be of an approved type conforming to the requirements of the County Health Department and shall be weather tight structures with raised floors. Structures shall have adequate light and ventilation. Doors shall have latch. The Con- tractor shall service such facilities daily, maintaining in a clean and sanitary condition. Temporary Facilities 1D - 1 00228 DIVISION 2 SITEWORK SECTION 2A SITE PREPARATION 2A- 1. GENERAL The General Conditions and General Requirements are a part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 2A- 2. SCOPE Under this heading the Contractor shall provide all materials and equipment and perform all labor and services required or necessary, including that reasonably inferred for sita clearance and preparation for work shown on the Drawings. 2A- 3. RELATED WORK IN OTHER SECTIONS A. Earthwork Section 2B B. Irrigation, provision for future. C. For ,Mechanical and Electrical Sitework see DIVISIONS 15 and 16. 2A- 4. LAYOUT AND SURVEY A. The Contractor shall lay out work from monuments, building, be;;ch marks, levels, and dirrensions given on Drawings. If conditions on A. site deviate from Drawings sufficiently to warrant adjustments of elevations and locations, such deviations shall be brought to the attention of the Owner before proceeding with any work affected by the deviations. Stake out road and walkway alignments, walls, paved areas, and all other major elements. 2A- 5. SITE CLEARANCE AND PREPARATION A. All trees, shrubs, brush, grass, roots, debris, and gross vegetative ground covers shall be cleared from a:-eas to receive construction and removed from the site. No trees, other than those designated to be removed, shall be removed without approval by Owner. Remove stumps and main roots to a distance of 5' from stumps. 2A- 6. REMOVAL AIND DISPOSAL OF MATERIALS A. All materials removed in the process of site clearance shall be removed from the site. 2A- 7. EXISTING UTILITY LINES A. Refer to Mechanical and Electrical , DIVISIONS 15 and 16 for locations of existing underground utility lines and plumbing lines. 2A- 8. EXISTING PLANTING TO REMAIN A. All planting outside areas to be re-graded or disturbed shall be retained and protected e:ccept for areas noted to be cleared on the Drawings. 2A64paration 1 i DIVISION 2 SITE'WORK SECTION 2B EARTHWORK 2B- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 2B- 2. SCOPE Earthwork shall include all stripping, excavation, removal of all excavated earth material including top soil , backfilling necessary to bring exisiA ng grades to the finished grades shown by elevations and contours on the Drawings, and all excavating, filling, compacting, backfilling and grading work necessary to complete the building and all other work indicate:' on the Drawings and specified herein. For Aggregate base under asphalt concrete paving refer to Section 2E. 28- 3. RELATED WORK IN OTHER SECTIONS A. Site Preparation, Section 2A. B. Underground Electrical . & Telephone Work, Section 16. C. For Mechanical and Electrical Sitework, see DIVISIONS 15 and 16. D. Aggregate Base For Asphalt Concrete Paving, Section 2E. E. Asphalt Concrete Paving, Section 2E. F. Storm Drain System, Site Utilities, Section 15A. 2B- 4. RECORDS OF INVESTIGATION A. Refer to DIVISION 1, Section 1B-4 "Records of Investigation" for Soils stud,; and existing building Contract Documents. 2B- 5. CODES AND STANDARDS A. All work included in this section shall conform to the applicable require- ments of the following codes and standards: . 1. State of California, Department of Public Works, Division of Highways, "Standard Specifications". 2. "Uniform Building Code", 1973 Edition, Vol I , Chapter 70. B. All compaction expressed in percentages in this section refers to the maximum dry density established by the ASTM D 1557-70 compaction test method. 2B- 6. STAKING AND GRADES A. Contractor shall lay out all his work, establish all necessary markers, bench marks, grading stakes, and other stakes as required. Contractor shall be responsible for the accuracy of all the above surveying. `-� 00230 28 Earthwork 1 i B. Existing and finish elevations for all work to be constructed under this contract are shovm on the drawings, and unless any inconsistency therein is brought to the attention of t.te in writing prior to com- mencement of construction, the Contractor will be held responsible for the proper location and elevation of ail work. 23- 7. STRIPPING AND GRUBBING � A. Per.-Form a'1 strip-p;ng at:d grubbing as rra�: 1'_,2 necessary to remove all otjEctionab1e material from the buildin.- s'te. Rwove a minimum of 2 inches of topsoil and whatever additional topsoll is deemed necessary to , remove all veget tion, organic matter, or other objectionable material from building and paved areas. Contractor shall be responsible for re- moval to a greater depth, when necessary to remove all vegetation and de- letari ::3 material encountered. i B. All debris shall be the property of the Contractor and shall be removed and disposed of in a legal manner off the Ovrner's property. Location o` dump and length of haul shall be th-� Contractor's responsibility. -� 2B- 8. -EXCAVATION A. Excavate for foundations, tre^rhes, footings, floor slabs, concrete walks, etc. , to the lines and ley?ls required, shovin on the Drawings and/or specified herein, and provide any and all shoring, bracing, cribbing, pumping, and planking required. The bottom of all footing trenches shall be level , tamped firm, clean and free from al debris or foreign matter. • B. Excavations shall be kept free from -iter at all times. Adequate de- watering equipment shall be made available to the site and any and all emergencies shall be anticipated. C. All excavated earth material including top soil shall be removed from the site. D. Abandoned sewers, piping, and other utilities encountered in the progress of the excavating, shall have ends plugged. Refer to Mechar cal Division 15. E. Active sewers, water and gas pipes, electric power, light or telephone poles, conduits, or wires, and any other active utility lines encountered, shall be immediately reported to the ' Nner . : and authorities involved. Owmer and proper authorities shall be allowed free access to take what measures they deem necessary to repair, relocate, or remove the obstruc- tion as determined by the Owner. F. Where unsuitable materials are encountered below the specified depth of stripping, they shall be removed when so directed by the C�„ner's repre- setitative. G. Asphalt Concrete Paving earthwork involved shall conform to the Standard Specifications, refer to "Asphalt Concrete Paving", Section 2E. 1. The relative compaction of structure backfill shall conform to the Standard Specifications, refer to "Asphalt Concrete Paving", Section 2E. 00231 Earthwork 2B - 2 f i 1 2. Subgrade beneath new paving shall be prepared to proper elevations required for base material . Cup material shall be removed from the site.- 3. ite.3. All loose top soil shall be stripp_= from the area of new paving and removed ft-om the site. Any loose or spongy material at a depth of less than 1 foot from surface of fig.i shed subgrade shall be removed and replaced with engineered fill rr.?..;Lrias as p r these specifications. Notify Oraner before cutting any roots of tress v,ttich are to i•e,nain. 2S- 9. PROTECTIC111 A. Protect open excavations, trenches, and the like with fences, covers, and railings as required to maintain safe pedestrian and vehicular traffic passage. Present erosion of freshly graded areas during construction. 2B-10. SEASONAL LIMITS A. No utilities shall by constructed or installed and no paverant nor - fill material shall be placed, spread er rolled during unfavorable weather conditions. When the work is inter :-opted by heavy rain, fill operations shall not be re<<.:7-_d until field test by the C:7ner's repre- sentative indicates Viat the moisture content and density of the fill are as specified in these specifications. 2B-11. DRAINAGE SLOPES Slope and pitch all finish grades to drain as indicated on plan. Slope shall provide positive drainage with no low spots. All finish grades shall slope away from the building. 2B-12. ENGINEERED FILL A. General : Excavation and placing of fill shall be under the direct super- vision and control of the Owner's representative; he shall approve the material, the method of placing and shall give a written approval of the completed grading operation. B. Supervision, Inspections and Tests: All site grading, filling, and back- filling shall be carried out under the supervision an:, control of the Owner's representative, who shall perform appropriate field and labora- tory tests to evaluate the suitability of fill material , the proper moisture content for compaction, and the degree of compaction achieved. 1. All authorized inspection and testing will be paid for by the Owner, except as specified otherwise below. Tests for compaction will be made in accordance with test procedures outlined in ASTM D 1557-70. 2. Tests, the results of which prove satisfactory will be paid for by the N.Tier. Retests of unsatisfactory work shal) be- at the.Contractor's expense. 3. Work which tests have proved unsatisfactory shall be corrected at the Contractor's expense. '' OUP-32 Earthwork 28 - 3 ' a 2B-12. ENGINEERED FILL (continued) C. Preparation of Site: Strip t-e surface of the building area to a depth of at least 12inches to remove all grass and roots in preparation for compacted and engineered fill . The surface of the area to be filled small be scarified to a depth of 6 inches min?mum. It shall be watered (or allowed to dry) so as to bring it to a waA. ter content that will permit proper compaction; excavation sh:uld be moisture conditioned to close shrinkage cracks to their full dep-.:.,, Shrinkage cracks could be quite deep at the end of a lona dry season*vihich could require prolonged sprinkling and watering to clove the cracks to their full depth. It shall then �e compacted as hereinafter specified for fill. The requirements of this paragraph may be omitted only when so directed by the Ovrner's representative. D. Material: The material used for ei-gineered fill shall be approved by the Owner's representative. It shall be free from vegetable matter and other deleterious substances; it shall select material conforming to the following: (1) free of organic matter; (2) 100 percent finer than 6 inches; (3) liquid limit less than 40; and (4) plasticity index less than 15. E. Compaction: The selected fill material shall be placed in layers which when compacted shall not exceed six inches (6") in thickness. Each layer shall be spread evenly and shall be thoroughly blade mixed during the spreading to ensure uniformity of material in each layer. 1. Compaction shall be by sheepsfoot rollers, multiple-wheel pneumatic- tired rollers or other types of acceptable compacting rollers. Rollers shall be of such design that they will be able to compact the fill to the specified compaction. Roiling shall be accomplished while the fill material is within the specified moisture content range. 2. When the moisture content of the fill material is below the: specified by the Owner's representative water shall be added until the moisture content is as specified to assure thorough bonding during the compact- ing process. When the moisture content of the fill material is above that specified by the Owner's representative, the fill material si:all be aerated by blading or other satisfactory methods until the moisture content is as specified. 3. The fill shall be uniformly compacted to an average relative compaction of not less than 92 percent. 4. Field density tests shall be taken by nuclear device or any other approved method. F. Backfill for Trenches and Footings: 1. All timber shall be removed and all trash shall be cleaned out from the excavation. 2. Backfill may be engineered or imported fill specified above. Backfill shall be placed in 8 inch layers and compacted by pneumatic or mechani- cal tamping. 00233 Earthwork 28 - 4. 2B-12 ENGINEERED FILL (continued) F. (continued) 3. All trenches for footings shall be neat cut. Bottoms shall be level and to minimum depths shown. Excavations shall be kept free from water. G. Preparation of Subgrade for Exterior Concrete Flatwork: Excavate to subgrade to produce line-and-grade shown on Contract Drawings. Excavate the "soft spots" to subgrade as determined in the field by the Owner's representative. I. Compact the subgrade soils using such approved standard methods as to obtain a uniformly prepared surface and a relative average com- paction of 90 percent. Check for grade and cross section. 2. Place rock base as shown on Drawings. H. Preparation of Base Under Building Slabs: Base material shall be applied - beneath all concrete slabs as shown on Drawings. Base material shall be open graded free draining rock having a maximum size of 3/4" and having no more than 2 percent passing number 200 sieve. The aggregate shall be free of contaminating material (clay, on site material , etc.) and be comprised of hard durable crushed rock. Base material shall be subject to approval of the Owner's representative. All existing pipes shall be adequately protected or replaced by the Contractor without additional cost to the Owner. 2B-13. DRILLED PIERS Holes for pile foundations shall be drilled clean, plumb and true to the diameter and depths indicated on the drawings. Remove all loose droppings on bottom of hole and tamp bottom for a firm and solid bearing surface. Remove any accumulations of water in the holes prior to pouring concrete. 2B-14. CLEANUP During the progress of the work, the Contractor shall keep the site in a reasonably neat and clean condition, and free from the accumulation of waste material . Upon the completion of the work, the Contractor shall promptly remove all of his equipment, dispose of all waste, refuse, or debris resulting from his work, and leave the premises in a neat and clean condition. 0020 Earthwork 2B - 5 a_ _ n; i DIVISION 2 SITE WORK. SECTION 2E ASPHALT CONCRETE. PAVING 2E- I. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 2E- 2. SCOPE Includes but is not limited to furnishing all materials, equipment, facili- ties, transportation, labor and services required to complete the installa- tion of base material and asphaltic concrete paving, shown on the Drawings and specified herein, and patching existing p-Irking areas and drives where disturbed as required for the completion of the work. 2E- 3. RELATED WORK IN OTHER DIVISIONS A. Site Preparation, refer to Section 2A. B. Asphalt concrete paving earthwork refer to "Earthwork", Section 28. C. Exterior concrete flatwork and curbs, refer to Section 2F. D. Pavement striping, refer to "Painting", Section 9E. 2E- 4. COOPERATION The Contractor shall obtain all necessary information and instructions from other contractors and suppliers in order to coordinate the related work. He shall schedule the installation of items furnished by others to be placed under the asphaltic concrete. Notify other contractors in ample time so that provisions for their work can be made without delay- ing the project, and- take all precautions to maintain alignment and prevent damage of the above items during placement of asphaltic concrete. Cutting and/or patching made necessary by failure or delay in complying with these requirements shall be at the expense of this Contractor. 2E- 5. OBSTRUCTIONS A. Attention is also directed to the presence of water, sewer, telephone, and gas pipe lines and overhead utilities in the construction area. B. The work shall be so conducted as to permit utility companies to main- tain their services without interruption. C. Minor adjustments of pole lines, pipe lines, and other public improve- ments may be undertaken by the owners of these improvements during the progress of the work. The Contractor shall cooperate with the owners of the improvements and shall so coordinate his work as to avoid damage to any of these improvements. 001( 2E Asphalt Concrete Paving 1 ?T ,G,n .;, - •t. b 2E- 6. LAYOUT AND GRADES A. Layout work as shown on Drawings. All peving to be graded and sloped as shown on the Drawings and adjusted in the field after layout. All paved surfaces shall drain positively to paving edge. Avoid depressions which will allow puddle formation. Discrepancies shall be called to the atten- tion of the Owner prior to proceeding with thL work. 2E- 7. STANDARD SPECIFICATIONS A. The Standard Specifications of the State of California, Department of Transportation, dated January, 1975, are hereby made a part of these Specifications and are hereinafter referred to as "Standard Specifi- cations". 2E- 8. SUBGRADES A. Areas to be paved shall be smooth graded, scarified to a depth of 6" minimum, moistened to approximate optimum moisture content, and com- pacted to a relative compaction of not less than 954' using the ASTM D1557-70 Method C procedure. The procedure shall conform to Section 19 of the Standard Specifications. 2E- 9. MATERIALS A. All materials incorporated in the project shall meet the requirements of the tests specified in the Standard Specifications, and other mini- mum requirements specified therein or in these specifications. B. Furnishing and applying water shall conform to the Standard Specifications. C. The Owner reserves the right to make such additional inspection or tests as it may require prior to acceptance of any materials, and also reserves the right to reject any material previously approved because of serious defects or damage discovered subsequent to such approval . Any materials rejected by the County shall immediately be rerroved from job site, and no payment will be allowed therefor. D. The Contractor shall give the Engineer sufficient advance notice to permit adequate testing and plant inspection of materials, as follows: 1. For asphalt concrete, and aggregate base from recognized commercial plants, not less than 2 working days advance notice shall be given. 2. For any other material from other than the usual commercial sources, not less than ninety-six (96) hours advance notice shall be given. E. Soil Sterilizer: shall be a borate chlorate sterilant containing not less than 25 percent sodium chlorate mixed at the rate of 1 1/2 pounds of sterilant per gallon of water. 2E-10. PROTECTION OF SURFACES A. Protection of walls, walks, curbs, planting areas, etc. shall be at all times during the application of asphaltic paving in a manner and to such an extent as to prevent any asphaltic materials from falling on then_ surfaces. Any adjacent surface that needs protection shall be masked to a point two feet above ground and/or shield shall be used with spray fog. Should any asphaltic material fall on adjacent constr iP i shall be thoroughly removed. ,G' , 2E Asphalt Concrete Paving 2 II 2E-11. GROUND STERILIZING The sterilant shall be applied evenly at the rate of 0.2 gallon per square yard. Care shall be taken to prevent contamination of adjacent soil areas and for the prot::ction of personnel. 2E-12. PAVEMENT REPLACING Where existing pavement is removed or disturbed due to this Contractor's operation, it shall be repaired or replaced with pavement of a like type including subgrade, base course, and paved surface, or by "deep patching" (see 2E-19). Paver^ent edges shall be saw cut. Existing paving shown to be replacled on the drawings shall be removed from the site and new paving placed as specified, herein, for new paving. 2E-13. EXISTING PAVEMENT EDGES Where the existing paving is to be replaced or extended (as indicated on the Drawings), trim (saw cut) existing pavement edges to neat vertical edge and tack with emulsion, ready to receive new pavement extension, and prepare subgrade under new pavement to receive base i-_-Aerials. 2E-14. SPREADING Asphalt concrete shall be placed by means of a self-propelled asphalt paving machine equipped with a screed or strike off assembly exc:pt where inaccessibility precludes their use. On such work, spreading ma; be by means of a spreader b.--x or by hand methods. Asphalt concrete shall be delivered at a temperat-ure not less than 250 degrees F at the project site. No asphaltic concrete shall be spread whin at:~aspheric t=-��rperature is below 50 degrees F, or during weather otherwise unsuitable. 2E-15. AGGREGATE BASE A. General : Aggregate base shall be Class 2 and shall be furnished and placed in accordance with the provisions in Section 26 of the Standard Specifications, except as modified herein. The grading for the one and one-half inch (12") maximum aggreg to shall be used. B. Mixing: Conform to Standard Specifications on water addition. C. Placing: Placing, untreated base material which is mixed at a central mi;:ing plant shall be placed and compacted irranediately upon delivery to the job site. Otherwise, it shall be spread, w"tered and mixed as specified above for mixing on the road bed. Where the required thick- ness is a 0.40 of a foot or less, the base material may be spread and compacted in one layer. Material placed in trench sections too narrow to accommodate a regular road roller shall be thoroughly compacted by means of pneumatic tampers or by other methods approved by the Engineer. 2E-16. TACK COAT A. A tack coat shall be applied uniformly to all vertical surfaces of curbs, gutters, and wood headers against which asphalt concrete paving is to be spread. B. The tack coat shall be an emulsified asphalt SS-1 or CSS-1 complying with the requirements of Section 94 of the Standard Specifications. 0023"1 1 2E Asphalt Concrete Paving 3 I i 2E-17. PRIME COAT Applicat- .:n of prime coat shall conform to the requirements of Section 39 of Standard Specifications with the following exceptions and additions: A. Prime coats shall be applied under all asphalt concrete as a single application at a ;ate of 0.25 gallons per square yard or less as directed by the Engincer. B. Prime coat shallbetiquid asphalt, MC-70, Section 93 of the Standard J Specifications. 2E-18. ASPHALT CONCRETE A. Asphalt concrete shill be Type "B" 1/2" coarse conforming to the aggre- gat-- grading requi _mnents in Section 39 of the Standard Specifications and. the following provisions. B. Unless otherwise directed by the Engineer, bituminous binder to be mixed with the mineral aggregate shall be an AR-8000 paving asphalt complying with the requirements of Section 92 of the Standard Specifications. C. All paving shall b:, placed so as to carry surface water away from t,a planting areas and where shown on the Orar:i ngs. D. Asphalt concrete patching and new drive:,ay shall be considered as included in the contract price. E. The contractor shall furnish and apply a tack coat as specified in Section 39 of the Standard Specifications. F. Fog seal coat shall not be required for work contained in this Section . Iof the Specifications, except where sand cover is required. G. A sand cover over the prime coat, where rewired, will be considered as included in tine contract price, and no additional compensation will be allowed therefor. 2E-19, CLEANUP Removal of rubbisi,, excess materials, tools and equipment related to this portion of the work shall be the responsibility of this Contractor or Sub- contractor, who shall remove them frequently during construction and upon completion of his work. Remove all excess materials, and rubbish from site. 00238 2E Asphalt Concrete Paving 4 DIVISION 2 SITEWORK SECTION 2F LANDSCAPE CONCRETE & ROCK BEDS 2F- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 2F- 2. SCOPE Work under this heading includes but is not limited to all materials, equip- ment, transportation, labor and services nec:.ssary to complete all concrete drive aprons, trench drains, sidewalks, curbs, qutters, instal- lation of rock beds and miscellaneous concrete work shown on the Drawings and specified herein. For concrete form•:oi•k, reinforcing steal and concrete specifications, refer to Division 3, Concrete. 2F- 3. RELATED WORK IN OTHER DIVISIONS A. Concrete Forrmvork Section 3A. B. Concrete Steel Section 3B. C. Concrete Section 3C. D. Catch Basins, Section 15A. 2F- 4. COOPERATION A. The Contractor shall obtain all necessary information and instructions from other contractors and suppliers in order to coordinate the related work. He shall schedule the installation of items furnish--d by others to be embedded in concrete. Notify other contractors in ample time so that provisions for their work can be made without delaying the project, and take all precautions to maintain alignment and prevent damage of the above items during placement of concrete. B. Cutting and/or patching made necessary b;; failure or delay in complying with these requirements shall be at the expense of this Contractor. All cuts shall be saw cut. 2F- 5. LAYING OUT OF WORK All work shall be laid out by the Contractor to the grades and dimensions shown on the Drawings. In case of discrepancy the Contractor shall call it to the attention of the Owner prior to proceeding. 2F- 6. CONCRETE FORMS A. 'Forms shall be 5/8" plywood or douglas fir 72 boards and studs and shall be accurately and rigidly constructed of ample strength to withstand any pressures that may be exerted against them. Maximum stud spacing shall be 16" o.c. Form material for tight radius curves shall be approved by the Owner prior to installation. n=,`fly Landscape Concrete 2F - 1 B. All forms shall conform to the line,-- and dimensions s horn. Form ties and similar accessories shall be such that Aspen forms, are stripped all metal will be at least 1" from the surface. C. Forms that are warped or that coo not have a smooth, straight upper edge shall not be used. For-ims shill by set with the upper edge true to line and grade and shall be st-,,::ed rigidly in place with stakes set not more than four feet (4') apart sic as to remain ir-ovable- throughout the construction. All forills shall be approved by the Own' before placing concrete. D. All forms shall be correct for position to within 1/8-inch and shall be parallel within 1/8-inch to a wire s:-etched on the true line. All lines and edges shall be truly ve--Li ,al , horizontal, inclined or curved as shown on the Drawings. E. Prior to placing concrete, re..,nove any foreign matter and wet woc.-i form sufficiently to prevent the form lumber frc,m absorbing water out of-the concrete. F. Concrete poured in any one day shall be placed in forms which shall have been set to grade, checked and the subgrades watered and rolled and/or compacted one day in advance of the pour. G. Reinforcement shall be secured in position and shall be accurately located in the forms against displacement. 2F-7. FLUERIALS A. Concrete, refer to Section 3C, Concrete. B. Concrete aggregates, refer to Section 3C, Concrete. C. Reinforcing, refer to Section 38, Reinforcing Steel . 2F-8. PROTECTION A. Proper care shall be taken in removing forms to prevent chipping a:;d . damaging of corners and edges. 2F-9. PATCHING AND CLEANUaG A. Clean exposed concrete surfaces aid adjoining work stained by the leakage of concrete, to rpeet the approval of the Inspector. After forms are removed, the Inspector shall inspect concrete surfaces. After this inspection, projecting fins, bolts, form ties, nails, etc. not necessary for the work shall be removed or cut back one inch (1") fr..:-,i the surface and patched in an inconspicuous manner using cement ars sand mortar to match adjoining concrete. Joint marks, fins and other irregularities in exposed work shall be smcothed off and cleaned promptly. Particular care shall be taken in patching and cleaning so that textured surfaces are not defaced. Patching must be accomplished within 24 hours of form stripping 2 � !w Landscape Concrete 2F - 2 2F-10. EXPANSION JOINTS A. Expansion joints shall be weakened plane joints in accordance with County Standards. 2F-11. EXTERIOR CONCRETE FLATWORK A. Check subgrade (see "Preparation of Subgrade for Exterior Concrete Flatwork", Section 2B), lines, levels, and edge boards and dividers and report irregularities to Owner, so repairs may be made before placing. Wet base and forms before placing concrete. B. Place and strike off to proper section, and finish with wood float. C. Finish for all concrete flatwork, drive aprons, shall be as noted on Drawings. Tool joints and edges along form work. Place concrete and finish with hardner-sealer as specified in Section 3C. Sidewalk, curb and gutter along street shall be finished as required by County Standards. 2F-12. CONCRETE CURBS A. Forms: Metal or surfaced wood 1-5/8" minimum thick. No warped or crowned lumber allowed. Benders or thin planks well braced may be used on curves. Forms to be full depth of curbs. Set forms carefully to proper elevation and secure with stakes at not over 4'-0" O.C. Remove forms not less than two or more than six hours after placing concrete, but not before concrete is set. B. Finish: Concrete curb finish to match existing curb finishes. 2F-13. DEFECTIVE FINISH A. Any flatwork showing a greater variation than the specified one-eighth of one inch (1/8") and/or showing voids or separation of the aggregates, shall be deemed defective and the entire slab to expansion joints or headers as shown on the Drawings shall be removed and replaced with concrete acceptable to the Owner. Removal and replacing defective work shall be at the Contractor's expense. B. All finished concrete flatwork shall be barricaded to pedestrian traffic for three (3) days. Barricades shall be placed immediately after con- crete finishing. The Contractor shall furnish, place, and remove all of his own barricades. The Contractor shall be responsible for any damage to new construction and replacement or repair of the work shall be made without added cost to the Owner. Landscape Concrete 2F - 3 V� ,-A I DIVISION 2 SITEWORK SECTION 2H DEMOLITION 2H- 1. GENERAL The General Conditions and General Requirements are a part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 2H- 2. SCOPE Under this division is included the furnishing of all labor, materials, tools, services and equipment for or incidental to the general removal and disposal of existing masonry wall and planter, mowing strip, shrubbery, trees and inci dental materials in the way of, or as required for, new construction, as shown on the drawings and specifications. Also included in this division is the removal and disposal away from the site of all waste materials. Refer to Drawings for sitework demolition, including curb, gutter & sidewalk as noted. 2H- 3. RELATED WORK IN OTHER SECTIONS A. Sitework, refer to DIVISION 2 and to Drawings for items on-site indicated to be removed for new paving work. 2H- 4. WORK INCLUDED IN THIS SECTION A. The work in this section shall include (but is not limited to) the following: 1. Remove portion of existing masonry wall & planter where drawings require. 2. Remove portion of existing shrubbery and trees where drawings require. B. Investigation of Site and Drawings 1. Intending bidders shall visit the site, inspect it thoroughly and familiarize themselves with existing conditions. The submitting of a bid shall be considered acknowledgement on the part of the bidder of familiarity with conditions at the site. 2. The intending bidder shall study the Drawings and thoroughly familia- rize himself with each portion of the work. Any questions concerning the intent or scope of the work to be performed shall be submitted to the Owner prior to the opening bids for clarification. 3. No consideration will be given by the Owner to requests for payment for additional work which has not been requested by the Owner. 2H- 5. PREPARATION A. Before starting of any of the work in any part of the site or structure provide adequate protection for the existing parts against damage which might result from the prosecution of this work. B. Provide, install and maintain barriers as required. 2H- 6. PROSECUTION OF THE 'WORK A. Any damages resulting from removal work shall be satisfactorily repaired or properly ,replaced at Contractor's expense. 00A42 Demolition 2H - 1 I 2H- 6. (continued) B. Breaking of piaster where existing walls, partitions and ceilings are to be removed shall be limited as closely as possible to the immediate area involved. Where possible, score all plaster surfaces on a straight line to limit the breaking and cracking of plaster surfaces to remain. C. Protect all existing surfaces to remain from damage with tarpaulin or other suitable material. D. Concrete work removal shall be restricted to the areas shown and to allow the installation of new work. Avoid excess removal of concrete at existing footings. All concrete and asphalt paving shall have saw- cut edges. E. In general, the work shall be performed to leave all surfaces clean and free of all projections (i.e. , bolts, conduit, vent piping), leaving all areas ready for the installation of work which is included in other - Divisions. 2H- 7. SALVAGE A. All existing equipment, hardware, and other miscellaneous items which are dismantled or removed and not re-used shall remain the property of the Owner and shall be disposed of as directed by the Owner. The Contractor shall deliver salvaged items to the Moraga Fire Protection District. 2H- 8. DISPOSAL A. All materials resulting from this work, except as noted above, shall be removed and disposed of away from this site. No burning of debris will be permitted at the site. B. Temporary storage of materials prior to removal from this site shall be limited to the areas approved. .. 0023 Demolition 2H - 2 Y� I DIVISION 3 CONCRETE SECTION 3A CONCRETE FOR,FIWORK 3A- 1 . GENERAL The General Conditions and General Requirements are part of this Section o tthe Specifications and apply to this Section as fully a-S if repeated herein. 3A- 2. SCOPE iior,, included in this Section of the Specifications includes installation and renoval of forms fel poured-in-place concrete and form coatings. 3A- 3. RELATED WORK IN OTHER SECTIONS A. Earthwork, re-`2r to Section 28. B. Landscape Concr_`e, refer to Section 2F. C. Mechanical and electrical w3 rk refs: to Divisions 15 and 16. a. Dampproofing and waterproofing, ref4r to Section 7C. E. Setting of Anchor bolts, refer to Section 5A. F. Rough Hardware, refer to Division 6. G. Concrete Reinforcing steel , refer to Secti-Ita 38. H. Concrete, refer to Section 3C. 3A- 4. GE�E}2AL REQUIREMENTS Verify dimensions in the drawings with field conditions. Inspect related work and adjacent surfaces. Report in writing to the .Owner all ' condi- tions which prevent proper execution of this work. Applicable notes in the drawings are part of this work. 3A- 5. MATERIALS A. Form Lumber: 1. Exposed concrete not otherwise noted: PLYFOR14 CLASS I 8-8 EXT. DFPA, each piece grade marked. 2. Unexposed concrete not otherwise specified: Of sufficient design and strength to hold concrete properly in place and alignment. 3. Framing: Douglas Fir, "Standard" grade, or better. B. Form- Coatings: 1. Mill Oiled Forms: Mineral oil compatible with original material . 2. tion-Oiled Forms: BURKE "Form Sealer" or NOXCRETE C(X4PANY "NOXCRETE." Use for all exposed concrete surfaces. S 3 s OW- Concrete Fon r.york 3A - 1 � a C. Form Ties: Metal , of type acting as spreaders and leaving no metal within 1" of concrete face. No wire ties permitted. 3A- 6. WORECtANSH.P A. General : Ccmply with the applicable requirements of ACI 347 except as otherwise noted or indicates;. B. Vertical and Horizontal Controls: Establish and maintain all necessary bench +f,arks, lines or controls throughout construction. Forms and shor- ing shall be to final elevations compatible with finished floor eleva- tions and form material . C. Thoroughly clean forms and rec^zt with sealer before a ch re-use. Do not re-use any form which caninat be restored to "like t:--w" condition. Discard any forms considered unsatisfactory by Owner.._= . D. Fabrication: 1 . Conform accurately to concrete details, dimensions, tolei- nces and alignments indicated on the drawings. 2. Construct wood forms of sound lumber, straight and rigid, thoroughly braced, and of such strength that the pressure of concrete and the movement of men and equipment will not displace the: . Space studs at 16" maximum O.C. Visible waves in exposed concrete surface after stripping of forms will result in rejection or tr:at portio; of the concrete. 3. Make joints in forms sufficiently tight to prevent leakage of mortar. 4. Construct forms no higher than 12" above the top of a pour or con- struction joint. 5. Apply coating to all forms before placing reinforcing steel . 6. Uniformly space all exposed form ties. Spacers shall not project through exposed concrete surfaces. 7. Provide cleanouts along bottom of wails and columns or elsewhere as required to permit effective cleaning of all loose dirt, debris, and waste materials. 8. Arrange forms to allow proper erection sequence and to permit form removal without damage to concrete. 9. Secure information and provide for all openings, sleeves, chases, reglets, pipes, recesses, nailers, anchors, ties, inserts, etc. , before pouring. 10. prior to pouring, remove all dirt, debris, water, etc., from forms. Leave no wood in concrete except naiiers. 11 . Provide a surfaced pouring strip wher-s construction joints intersect exposed plywood formed surfaces to provide straight line at joints. Just prior to subsequent pour, remove strip and tighten forms to consul shrinkage. i ' ' Concrete Forrwork 3A - 2 i 3A- 7. CONCRETE AGAINST EARTH EXCAVATION A. Concrete for footings and foundation beams may be placed directly against the sides of the excavation, provided the soil will stand without caving. The sides of the bank shall he maintained with a neat cut. Where un- formed footings are su :stitut.ed for form foot rigs, they shall be P wids than the forTtied dimension Concrete vi'Aich is to be exposed to view shall b-2 formed to a -c2pth of not less than 6 inches below finished grade. 3A- 8. RMOVAL OF FUUMS A. All forms and shoring shall be removed only after approval of Owner :. is given, and may be required to be left in place for a longer time than herein specified. B. After concrete is placed, a minimum period of 3 days shall elapse before th!-- removal of forms. C. After removal of forms, all bolts, wires, clamps, rods, ties, etc., not necessary for subsequent work shall be removed to a minimum o 11 inch from the surfaces. 00246 C Concrete Formwork 3.4 - 3 i DIVISION 3 CONCRETE SECTION 3B REINFORCING STEEL 36- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as iF repeated herein. 38- 2. SCOPE The work in this Section -zhall include all steel reinforcement for concrete, ties, chairs and supports for reinforcement and dowels to existing concrete. 3B- 3. RELATED WORK IN OTHER SECTIONS A. Landscape Concrete, refer to Section 2F. B. Mechanical & Electrical Work, refer to DIVISIONS 15 and 16. - C. Dampproofing and waterproofing, refer to Section 7C. D. Setting of Anchor Bolts, refer to Section 5A. E. Rough Hardware, refer to DIVISION 6. F. Concrete Formwork, refer to Ssction 3A. G. Concrete, refer to Section 3C. 3B- 4. GENERAL REQUIREMENTS A. Verify dimensions on the drawings with field conditions. Inspect related work and adjacent surfaces. Report in writing to the Owner all con- - ditions which prevent proper execution of this .work. B. Store to prevent rusting or fouling with any substance which will reduce bond. Segregate to maintain indentification aft?r bundles are broken. Do not use damaged, reworked or deteriorated materials. C. Applicable Notes in the Drawings are part of this %�rork. D. Shop Drawings, 4 copies of, showing detaiis, sizes, bends, dimensions and splice locations shall be submitted to the Owner for opproval before fabrication. 36- 5. MATERIALS A. Reinforcing Bars: 1 . Refer to Notes in Dr_,;pings. 2. Bars to be new, free of loose rust. 3. All Bars: ASTM A-15, billet steel, intermediate grade, 40,000 psi yield point. 002 1 Reinforcing Steel 3B - 1 4. All bars except No. 2 to be deformed. B.-Tie Wire: #16 black, annealed, minimum. 33- 6. FABcRICATIOz1 A. Where specific details are not noted, do all detailing, fabrication and placing as per requiremerts of of Stan-'ard Practice for Detailing Reinforced Concrete Structures", published by American Concrete Institute, - latest edition. B. Cl,an bars of loose rust, loose mill scale and any.substance which may decrease bond. SZn.J, bars cold as per approved shop drawings. C. Shop fabricate all reinforcing. 3B- 7. PLACING A. Space bars no closer than 1 1/2 diameters of the larger of two adjacent bars; 1 1/3 times maximum aggregate size; 1 1/2 inches minimum. Where reinforcing is placed in twb or more layers, space the layers minimum 1 inch clear. Place bars in upper layer directly above those in bottom layer. B. Wherever conduits, piping, inserts, sleeves, etc. , interfere with placing of reinforcing steel , obtain Owner's a .;;roval of procedure before pouring any concrete. Bending of bars around openings or sleeves not permitted. C. Splicing: 1. Bars: Make splices as noted on drawings. Avaid splices at points of maximum tensile stress. Separate bars when spliced at points of support. Stagger splice of adjacent bars where possible. D. Support reinforcement on ground with precast concrete blocks sufficiently spaced to prevent sagging, one every 36" o.c. both ways, staggered, height as required to maintain reinforcing proper position as indicated on Plans. E. Before placing concrete, clean all reinforcing free of loose rust and scale oil , dirt, or other coatings having deleterious effect on concrete or bond. . 000-48 Reinforcing Steel 3B - 2 DIVISION 3 CONCRETE SECTION 3C CONCRETE 3C- 1 . GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 3C- 2. SCOPE The worst in this Section of the Specifications includes poured-in-place concrete, cement finishing, and setting dowels. For Landscape Concrete, refer to Section 2F. 3C- 3. RELATED WORK IN OTHER SECTIONS A. Landscape Concrete, refer to Section 2F. B. Mechanical- anti' Electrical Wcrk, refer to DIVISIONS 15 and 16. C. Dampproofing and Waterproofing, refer to Section 7C. D. Setting of anchor bolts, refer to Section 5A. E. Rough Hardware, refer to DIVISION 6. F. Ba---e under slab, refer to Earthwork Section 2B. G. Concrete Formwork, refer to Section 3A. H. Reinforcing Steel , refer to Section 3C. 3C- 4. GENERAL REQUIREMENTS A. Verify dimensions in the drawings with field conditions. Inspect re- lated work and adjacent surfaces. Report in writing to the .Owner all conditions which prevent proper execution of this work. B. Applicable Notes in the Drawings are part of this work. C. Depressed .or sloped slabs: as noted on- drdwings . _ -, 3C- 5. MATERIALS A. Cement: ASTM C-150, Type I or II. Cement brand shall, have proven history of successful use with proposed aggregates and shall be of same brand and source throughout project. B. Aggregates: for general concrete vmrk. 1 . For all concrete ASTM C-33. 2. All aggregate from constant source unless 10 days prior notice is submitted for approval after recheck of mix design. Sources shall have proven history of successful use. Concrete 3C 1 3C- 5. MATERIALS (continued) 3. Fine Aggregates: Natural sand, well graded from coarse to fine. 4. Coarse Aggregates: Fine grain, sound crushed stone or gravel . _ C. Water: Potable, free of impurities detrir:antal to concrete. D. Curing Paper: ASTM C-171, type I, non-staining. E. Nardner-Sealer: "Kolorblen Sealer V", clear, Conrad Sovig Co. F. Screeds: Screed pins shall be adjusted metal-type threaded into a base plate. 3C- 6. MIXES A. Concrete strength - 3000 psi minimum 28 day strength. B. All mix design shall be submitted to the Owner's representative for approval . C. Contractor shall furnish all mix designs sufficiently in advance for approval before placing concrete. 3C- 7. TESTING A. The Contractor shall furnish all materials including test cylinders required for the Owner to take samples and prepare specimens. Specimen preparation and testing will be conducted and paid for by the Owner. The Contractor shall notify the Owner 2 working days before pouring concrete. Concrete shall not be poured until inspection of forms and items to be embedded have been placed and pours shall be made only when the inspector is present. 3C- 8. DEFECTIVE CONCRETE Concrete which fails to show the required compressive strength assumed in the design shall be removed and replaced or adequately strengthened in a manner acceptable to the Owner at no extra cost to the Owner. 3C- 9. MIXING AND PLACING CONCRETE A. Mixing: 1. Use transit mix concrete throughout, except that job mix concrete may be permitted subject to Owner approval of detailed methods and equipment proposed for use. 2. Conform to ASTM C-94 for all transit mixed concrete. Concrete shall be mixed for a minimum of 5 minutes after arrival at job site. 09 Concrete 3c 2 _ .:�'. . ;x'1?�yt�^Aq,A�}zw v45'4 4.`u #'#+} �.5-• 'q1N, 'r:n. I B. Placing: 1. All forms except sealed plywood forms shall be thoroughly wet down before concrete is placed. 2. Placing of concrete shall be don^ immediately after mixing. No concrete shall be placed or used after it has begun to set and no retempering will be allowed. The method used in placing shall be such that concrete is conveyed and deposited without separation of the ingredients. No concrete shall be placed with a free uncon- fined fall in excess of 5 feet. Do not support runways on reinforc- ing steel. 3. No concrete sr,311 be placed in any portion until all reinforcing for same is fast, :i-:?d in place, nor until forms are completed. No concrete shall be placed before all work that is to be embedded has been set. Notify other crafts so that they may deliver anchors for their work to be embedded in ample time and also notify them when their assis- tance in setting is required. Reinforcing or other materials that have been set in place shall not be disturbed. 4. Remove all debris and water from places to receive concrete. 5. Place no concrete in water unless written permission has been obtained from the (hiner. 6. Notify Owner 2 working days prior to placing any concrete. 7. Apply hardner-sealer undercoat and finish coat to all concrete flat- work, in strict accordance with manufacturers specifications. 3C-10. CONSTRUCTION JOINTS A. Placement of construction joints and the manner in which they are provided for shall be only as approved by Owner. Construction joints shall be as few as possible. B. All construction joints including keys shall be cleaned and roughened by 'removing the surface and exposing clean, solidly-embedded aggregate by means of sandblasting, chipping or other approved methods. Forms and reinforcing shall be clean of drippings and debris. 3C-11. MECHANICAL VIBRATORS All concrete shall be thoroughly compacted by means of mechanical vibra- tors. Under no condition shall vibrator be placed against reinforcing steel or forms . Use no vibrators to transport material . 3C-12. CURING A. Keep all concrete slab and formed surfaces wet for one week minimum, both while in forms and after removal of forms , or apply Visqueen approved by Owner: Visqueen •shall' be completely removed before acceptance of project. B. Protect fresh concrete from drying winds, rain, damage or soiling. V 00251 Concrete 3C 3 3C-13. PATCHING Immediately after stripping forms, and before concrete is thoroughly dry, patch minor defects, form tie holes, honey combed areas, etc. Remove ledges and bulges. Repair gravel pockets by cutting out. to full solid surface; form key and thoroughly wet be`ore placing patching mortar con- sisting of one part cement to two parts fine sand_; compact into place and neatly .finish. On exposed concrete, mix patching mortar using cement mixture of white and regular types as requiredto miatch finish concrete color. Finish to match surface texture. Grid or fill all slabs or sur- faces to produce level , true planes. Patching of honeycombed areas or gravel pockets which, in the Owner's opinion, are too large and unsatis- factory for mortar patching as described above, are to be cut out to solid surface, keyed and packed solid with concrete to produce firm bond and surface. 3C-14. WEAKENED PLANE JOINTS Weakened plane joints shall be located where shown on the Drawings and - shall conform to C.C.C. Standards. 3C-15. EQUIPMENT BASES Verify sizes and shapes required by items specified else;.,here. 3C-16. FINISHES A. Tolerances: Exposed Concrete Slabs: 1/4" in .10 feet with. maximum high and low variance not ocurring in less than 16 feet and with 1/16" tolerance in any one running foot. B. Finishes: 1. Interior Slabs Hard trowel smooth finish free from defects 'and blemishes. Do not apply cement or other dry toppings to fresh surfaces for purposes of absorbing free water. Apparatus Maintenance Buildiing Concrete 3C - 4 002r52 I m _ DIVISION 4 MASONRY SECTION 4A MASONRY 4A-1. GENERAL The General Conditions and General Requirements are a part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 4A-2. SCOPE Includes all labor, materials, equipment and services required to perform all operations in connection with extending the existing masonry garden wall and constructing the masonry piers in the new building. 4A-3. RELATED WORK IN OTHER SECTIONS A. Demolition, Division 2. B. Concrete footings, Division 3. 4A-4. MATERIALS A. Concrete Masonry Units: Hollow load-bearing units, conforming to ASTM C90-70, Grade N, except that units shall have a maximum linear shrinkage of 0.06%. Units shall be fabricated from lightweight aggregate concrete not exceeding 105 lbs. per cu. ft. , slumpstone type, texture and color to match existing. Units in new Garden wall extension shall match and align with existing wall. Units in piers in new building shall be 4" x 4" x 8" solid units. B. Portland Cement: ASTM C150, Type II, low alkaii , domestic manufacture. C. Lime: ASTM C207-49, Type S., D. Sand: ASTM C144-66T. E. Water: Clean, potable, from domestic -source. F. Mortar Color: match existing. G. Reinforcing Bars: New, deformed, billet steel bars, conforming to ASTM A615-68, Grade 40 (minimum yield strength: 40,000 psi). Deliver bars new and free from rust and mill scale in original bundles with mill tags intact. H. Tie Wire: 16 gauge or heavier black or galvanized steel wire conforming to ASTM A82-66. I. Grout Aggregate: Clean and graded concrete aggregates, conforming to ASTM C33-67. J. Waterproofing Admixture: ""Berylex" as manufactured by Berylex Western of Oakland, Calif., A.C. Horn's "Hydratite", Sonneborn's "Hydrocite Powder", or approved equal. Waterproofing admixture shall be added to both mortar and grout mixes in amounts recommended by the Manufacturer but not.to.,the extent that mortar and grout strengths specified cannot be easily obtained: 00253 4A MASONRY 1 _r 4A-4. (continued) K. Mortar: 1. Mortar: Type S in accordance with Chapter 24 of the Uniform Building Code current edition. 2. Compressive Strength: 2000 pai minimum at 28 days. 3. Proportioning: One part portland cement, not more than 4 parts sand, not more than 1/2 part hydrated lime, and water as required for work- ability; or modified as required. 4. Individually and accurately measure ingredients by volume. 5. Place sand, cement and water in mixer, in that order for each batch, and mix for two minutes; then add lime and additional water and mix for not less than 10 minutes. 6. Only paddle type mixers of at least one sack capacity shall be used. Batches requiring fractional sacks will not be permitted. Mortar awaiting use shall be kept turning until needed. Mortar may be re-tempered only by making a basin of the mortar, adding water therein and carefully working the mortar into the water. Remove from the work any mortar unused 30 minutes after mixing. 7. Maintain mortar on the boards at 2k" to 3" slump, as determined using a standard test cone. L. Grout: 1. Compressive Strength: 2000 psi minimum at 28 days as per ASTM C94-68. 2. Proportioning: 1 part portland cement to 3 parts fine and graded aggregate and 2 parts graded 3/8" maximum size coarse aggregate. Waterproofing admixture for exterior masonry shall be added in amount recommended by manufacturer, but not to the extent to impair grout strength. 3. Mix in approved consistency determined by lift method used. M. Sealer: Rainguard, Chemstop, or approved equal . Sealer to be clear. 4A-5. EXECUTION A. General : Walls shall be straight, plumb and true, with all courses true to line and level , built to dimensions shown. All cells shall be filled solid with grout. Blocks shall be laid up in bond pattern as indicated on the drawings for building piers. New garden wall to match existing wall bond pattern. Workmanship shall be of the highest quality of the trade. B. Joints: Both vertical and horizontal joints shall be uniform and match existing work, with full mortar coverage at both vertical and horizontal joints. Joints, both vertical and horizontal, shall be densely tooled to match existing masonry work in appearance. 009VS 4A MASONRY 2 k i 4A-5. (continued) C. Damaged Blocks: No blocks with chipped corners or edges shall be incor- porated in the work. Any broken, cracked, or chipped blocks installed shall be cut out and replaced by the Contractor as directed by the County at no additional cost. Cutting of units shall be kept to a mini- mum and shall be done with a masonry saw. D. Bed Joints: The top surface of the concrete foundation or other bed joints must be clean, smooth concrete with aggregate exposed before start of laying. Tops of foundations shall be sandblasted, if necessary, to remove laitance for exposing aggregates in the concrete. E. Alignment of Vertical Cells: Masonry shall be built to preserve the un- obstructed vertical continuity of the cells. The vertical alignment shall be sufficient to maintain a clear, unobstructed vertical flue, measuring not less than 3 inches in all directions for grouting. F. Reinforcement: Vertical reinforcing bars shall be placed prior to laying the wall . Horizontal bars shall be tied to vertical bars as the block - work progresses. G. Grouting: All vertical and horizontal block cells shall be grouted by method approved by the Architect. All reinforcing and grouting methods shall conform to requirements of Chapter 24 of the current Uniform Build- ing Code. H. Cleaning: After erection and pointing, all masonry shall be cleaned down with stiff brushes. I. Curing: Attention shall be given to the proper curing of mortar joints as well as the grout concrete pour. The masonry work and the top of the grout pour shall be kept damp but not saturated for at least 1 days to prevent too rapid drying during hot or drying weather, and drying winds. J. Masonry surfaces shall be covered with non-staining waterproof paper when necessary to protect them from rain or from hot, dry weather. Surfaces not being worked on shall be protected. K. Clear Sealer: Shall be applied to all exposed surfaces according to manufacturers recommendations. r- 4A MASONRY 3 DIVISION 5 METALS SECTION 5A STRUCTURAL & MISCELLANEOUS METALS 5A- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 5A- 2. SCOPE The work includes, but is not necessarily limited to, the furnishing and installing of all miscellaneous metal work as indicated on the drawings and specified herein. Furnishing of straps, plates, angles, floor anchors, ladders and all items fabricated from steel . 5A- 3. RELATED WORK IN OTHER SECTIONS A. Concrete Reinforcing Steel, refer to Section 3B. B. Aluminum Door, refer to Section 8A. C. Rough Hardware for Carpentry Work, refer to Division 6. D. Sheetmetal work, refer to Section 7B. E. AIuminum Sash, refer to Section 8A. F. Metal Doors & Frames, refer to Section 8B. 5A- 4. MATERIALS A. Anchors, Bolts and Fastenings: as per ASTM A-307. B. Paint: one coat TNEMEC No. 99 red metal primer, or approved equal . 5A- 5. MISFITS, ALTERATIONS AND REJECTS Any material found missing, or material rejected because of misfits or faults of material or workmanship, shall be supplied forthwith by the Contractor. Misfits or errors discovered during sorting or erection shall be corrected, or new fabricated material shall be furnished by the Contractor. Defective work and fasteners shall be replaced at the expense of Contractor. 5A- 6. LADDER Ladder included in this Section shall be vertical wall supported heavy duty tubular aluminum ladder as mfg. by O'Keefe's Inc. Ladder shall be installed as recommended by mfgr. , and shall be complete with all necessary fittings, brackets and accessories. Finish shall be extruded, mill finish. Ladders shall meet all current requirements of O.S.H.A. and Section 3359, General Industrial Safety Orders, State of California. Rungs shall be serrated, non-slip, alloy 6063T6, and shall be capable of withstanding an 800 lb. live load mid-span without deformation. Rails shall be heavy duty tubular rails. Ladders shall not extend to the floor, but shall clear the floor 4" and shall be entirely wall supported. Rungs shall be 7" minimum from wall . 5A- 7. DRIVEWAY HEADER BOARD SUPPORTS: Supports shall be 2" 10 ga. 24" long galvanized steel "Krinkle" stakes as manufactured by Silver Manufacturing Co., Hayward, Calif. Structural & Miscellaneous Metals 5A - 1 009-9 j ® _ Val € k DIVISION 6 CARPENTRY SECTION 6A ROUGH CARPENTRY 6A- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and applyto this Section as fully as if repeated herein. 6A- 2. SCOPE Includes all labor, materials, equipment and services required to perform all operations in connection with the installation of rough carpentry and rough hardware, complete in strict accordance with this section of the specifications and the applicable drawings. 6A- 3. RELATED WOR: IN OTHER SECTI:: NS A. Furnishing of miscellaneous metalwork, straps, plates, angles, Section 5A. B. Concrete formrxork, refer to Section 'A. _ C. Finish Carpentry, refer to Section 6B. D. Sheetmetal , refer to Section 7B. E. Buildinq Insulation, refer to Section 7D. F. Sealants, Section 7E 6A- 4. COORDINATION OF WORK Coordinate all work under this Section with that specified elsewhere. 6A- 5. LUMBER GRADING, DRESSING, MOISTURE CONTENT A. Grading Rules: Lumber and pl . ood shall be graded, under the current grading rules of the following Associations, and shall be grade stamped: 1. Douglas Fir: "Standard Grading and Dressing Rules No. 15", West Coast Lumber Inspection Bureau. 2. Redwood: "Standard Specifications for Grades of California Redwood Lumber", Redkood Inspection Service. 3. Plywood: U.S. Product Standard PS 1-66, latest edition, stamped with DFPA grade trademarks. B. Dressing: All lumber shall be S4S of standard dimensions and all sizes specified or indicated are nominal dimensions unless otherwise noted. C. Moisture Content: Moisture content of lumber shall not exceed 190 at time of installation. 6A- 6. MATERIALS A. Lumber, grades and kinds: 1. Sills on concrete: Foundation Grade Redwood, graded at mill . 2. Exposed posts, beams, joists: a. Douglas Fir: "Select Structural" b. Redwood: "Clear Heart" = .7., . Rough Carpentry 6A - 1 r.�-�.w'�s��: '".,`-z".'�`"'. yE;r��'...�,s.::; Y -;�;. ^`:... .._ ., t•='� ..'".".5-, :.a;2 .cU`:^_, i „°„^e 3. Studs, Small Posts, Cripples: Construction Grade, Douglas Fir. 4. Joists and Beams (not over 4" thick) : Construction Grade, Douglas Fir. 5. Beams (over 4" thick): Select Structural , Douglas Fir. 6. Roof Sheathing: Plywood (Structural Sheathing) Exterior glue, Structural 2, Type C-C, Plywood is to be grade stamped by D.F.P.A. 7. Wall Sheathing (Exterior and Interior) Plywood, (Structural Sheathing) Exterior glue, Structural 2 Type= C-C, Grade Stamped. 8. All other framing members: Construction Grade, Douglas Fir. B. Materials Other Than Lumber: 1. Water-repellent pentachlorophenol wood preservative for non-pressure methods: Meet Fed. Spec. TT-W-572, Type I or II, Composition A. 2. Caulking compound: Refer to Sealants, Section 7E. 3. Exterior Gypsum Sheathing: Manufactured by U.S. Gypsum Co. or approved equal, 1/2" "FIRECODE" tongue and groove edges, 2' x 8' . 4. Building Papers a. Felt: Asphalt saturated 15# rag felt. b. Waterproof: Sisalkraft Orange label . 5. Rough Hardware: Galvanize all items wholly or partially exposed to weather. Refer to Structural Drawings for rough hardware notes. a. Nails: Common wire. _ For plywood sheathing use barbed wire plywood nails. Galvanized nails for exposed locations on exterior. b. Bolts: Standard mild steel , square head machine bolts with square nuts and malleable iron or steel square plate washers. c. Clips, ties, plates, etc. : stock steel shaped as indicated. d. Expansion Shields:"Wedjet" or approved equal . e. Framing anchors: "Universal", Timber Fasteners Inc., or approved equal. 6A- 7. DELIVERY AND STORAGE OF MATERIALS A. Delivery: Order framing lumber, as soon as possible after work is begun. Season lumber at the site. Deliver materials and finished assemblies in an undamaged condition. Deliver manufactured materials in suitable con- tainers clearly marked with brand and manufacturer's name. B. Storage: Store to preclude damage. Pile lumber on skids and sticking to ensure proper ventilation and drainage. Cover stored plywood to protect it from weather. Store to afford access for inspection and identification. Damaged or deteriorated material will be rejected. . x -� 00 258 Rough Carpentry 6A - 2 6A- 8. WOOD PRESERVATIVE TREAT14ENT (except redwood) A. Treat all wood in direct contact wi'h or embedded in concrete, by dipping for a minimum of 15 minutes or by applying two heavy brush coats of pre- servative. Apply second brusih=d coat no sooner than one hour after appli- cation of first coat. Fioc ! oil over wood, fill every check and depres- sion. Complete treatment at least trio hours prior to incorporation of treated item into the work. Touch up cut areas and locations where film is broken with two heavy brush coats applied one hour apart. Dip all studs 24" minimum. 6A- 9. WORKMANSHIQ A. General: Prior to commencing work, compare and check all architectural , mechanical, plumbing, electrical and structural drawings, each with the other that in any way affect the location or extent of the work to La executed. Size and relative positions of different units of tf:e work are shot-in on the drawings and any part not particularly s�_-c forth shall re the same as similar parts. Lay out work in strict accordance with the drawings. If conditions deviate from the drawings sUrficiently to warrant adjustment of elevations and/or locations, such deviations shall be brought to the attention of the . Owner before proceedin; with any work affected by the deviations. Cut, fit and patch to acce;--viodate work specified under other sections. Set all wood bucks, nailing blocks, anchors, grounds, plates, backing and furring, as required for installa- tion of materials and as required by other trades. B. Protection: The building shall be closed in with permarent sash ars; doors as soon as possible. All sills and stools, expc:ed mullions, francs, and projecting trim shall be protected from damage during construction. C. Fastening: It is the intent of the drawings to show number and spacing size of nails, bolts, and other fastenings required for structural strength. Fastenings not shot-m for a particular joint shall be provided to the extent indicated for a similar joint and as directed. Provide additional fastenings as directed, whether or not shown on drawings or specifications if required to produce normal , stout, rigid framing and to prevent w3rping, sagging, buckling and other defects. Meet requirements of U.B.C. latest edition. D. Framing and Rough Carpentry: fit closely and accurately to required lines and levels and secure rigidly in place. Set inclined and horizontal members with crown edge up. Structural members shall provide full contact at all bearing surfaces. 1. Sills: set on 1/2" thick full bed of 1:3 cement grout using only e,rough water for workability. Anchor as indicated. 2. Nailing Schedule: See Structural Drawings for "Nailing Schedule". 3. Rough Hardware: Provide and install as indicated or required, including anchor bolts, clips, hangers, ties, plates for connecting wood framing members to wood, concrete or steal . 4. Blocking: including grounds, bucks, backings, furring, nziling strips, hangers, frames, curbs, cants, special framing, etc. , to be furnished as indicated or required to complete work in best and most workmanlike �;� 004159 Rough Carpentry 6A - 3 manner and as required for proper installation of materials and equip- ment of the various other trades. 5. Plywood Sheathing: Apply and nail as indicated on Structural Drawings. 6. Studs shall be spaced at 16" centers with not less than three (3) studs at all corners and wall intersections. 7. Install one stud and cripple each side of openings with header supported on cripples. 8. Install solid blockin; between studs same width as studs in walls or partitions spaced as required to receive .finish materials. Block all walls at midpoint. 9. Pipe in bearing or shear wells shall be placed in the center of plates and shall not exceed 1/3 of the plate width in bearing or shear walls unless adequate provision is made by the use of steel straps or other methods to preserve the structural value of the wall . 10. Structural mullions shall rest on sole plate and extend to top plates. 11. Install all furring as required for pipes and equipment. 12. Note use of patent framing anchors. 13. Install fire stops in accordance with Uniform Building Code, latest edition. 14. Top Plates: All top plates to be doubled and lapped at each inter- section with walls or partitions. Joints in the upper and lower members of the top plate shall be staggered not less than 4 feet. 15. Joists shall be of uniform width, sizes and spacings 'as noted. 16. Joists shall have a minimum bearing of 2" unless supported on 1" x 4" let-in ribbon and lapped width of stud. 17. Cutting of wood girders, beams or joists shall be limited to cuts and bored holes not deeper than 1/5 of the beam depth from the top, located _ not further from the beam end than three (3) times the beam depth. 18. Apply gypsum sheathing with long dimension across the supports, with groove edge down, interlocking the tongue and groove edges. Ends of sheets shall abutt on centers of supports with all end joints staggered. Nail to each support at 7" o.c. in accordance with manufacturer's reco- mendations using galvanized roofing nail , with barbed shanks. 19. Install 2" thick backing for all plumbing fixtures. Provide backing at all joints of piyv.00d and end joints of gypsum board where applied across studs. Provide backing where required for metal stalls, dis- pensers and other equipment which require backing for proper installa- tion. Cutting, patching, and blocking all wood members where required for the work of the various trades shall be done by carpenters. Install cant strips at intersections of roof with vertical surfaces and where indicated on the drawings. Solid block behind door stops and all wall hung items. -� { . -- � � �� 00400 Rough Carpentry 6A - 4 ;., .. a a. alias. R' - •, -:i,. '.t�'•: 'Ks:si... .a•4�_ W :t;vPao - -- E. Caulking: (refer to "Sealants" Section 7E) 1. Preparation: Clean out all spaces to receive caulking and remove all plaster, dust and other debris and remove greasy substances with appropriate solvent where necessary, Mask-off surrounding surfaces which will be exposed to view in the finish work.. 2. Caulking: Use caulking gun where possible. Apply specified compound where indicated on drawings or whare speciFied. Completely fill caulking grooves and fully cover contact surfaces. Caulk around the perimeter of all doors, windows and other openings in exterior walls. Apply as directed to leave a smooch bee-0, and as required for coma?ete weather tightness. F. Building Paper: Install as required and where indicated for backing behind exterior and interior finish materials. Paper to extend full height of exterior walls. ' (See "Lathing & Plastering" for sheathing paper for stucco work.) Lap sides 4" to shed water and ends 8". Apply behind all exterior wood _ siding and over exterior gypsum beard sheathing. G. Preparation for Finish Materials: Provide blocking and backing as indi- cated and required for proper installation of finish materials and equip- ment. Install 9" flashing strips around all openings, turning up under sills. 00261 Rough Carpentry 6A - 5 DIVISION 6 CARPENTRY SECTION 6B FINISH CARPENTRY & MILLWORK 6B- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 6B- 2. SCOPE The work includes the furnishing and installing of all Finish Carpentry and Millwork, complete as shown on the drawings or specified herein. It includes: A. All Millwork and Cabinets. B. Plastic counter tops. C. Installation of Finish Hardware, except for hardware for wood doors with metal frames (refer to Section 8B) and Aluminum Door hardware (refer to Section 8A). D. Installation of Building Specialties furnished under Section 10B not specified to be installed under other Sections. E. All work not included under other Divisions of these Specifications. 6B- 3. RELATED WORK IN OTHER SECTIONS A. Wood Doors, refer to Section 8C. B. Metal Door Frames, refer to Section 8B. C. Installation of wood doors with metal frames and their corresponding hardware, refer to Section 8B. D. Furnishing and installing Roof Hatch, refer to Section 8B. E. Furnishing and installation of Aluminum Doors and Frames and their corresponding hardware, refer to Section 8A. F. Rough Carpentry, refer to Section 6A. G. Furnishing and installation of Toi'et Compartments, refer to Section 10A. H. Concrete Formwork, refer to Section 3A. I. Furnishing and installation of gypsum board, refer to Division 9. J. Demolition, refer to Section 2H. K. Furnishing and installation of glass and glazing, refer to Section 8E. 6B- 4. CODES AND STANDARDS The following publications are hereby made a direct part of this specifi- cation, and all work included in this section shall comply with the appli- cable requirements therein except as specified otherwise. 1. "American Plywood Association Standards" . � 2. "Standard Dressing and Grading Rules #15 of the West Coast Lumber Inspection Bureau" (WCLIB) . 3. "Standard Specifications for Grades of California Redwood Lumber" (CRA). 4. "Manual of Millwork", Woodwork Institute of California current edition herein after referred to as "W.I.C." 6B- 5. SHOP DRAWINGS Shop drawings shall be furnished for all millwork and fabricated items. Prepare shop drawings in conformity with working drawing details except for approved substitutions. Submit 2 sets for preliminary approval and 5 sets for final approval before fabricating any work. � �'V�G Finish Carpentry & Millwork 6B - 1 6B- 6. MATERIALS A. General : 1. Moisture Content: Dry all interior finish lumber and trim to a mois- ture content not exceeding 12%. All exterior woodwork shall be thor- oughly air seasoned and dry. 2. Dressing: All finish materials shall be S4S and sanded except that unexposed portions need not be sanded. Surfaces which are to be re- sawn need not be sanded. 3. Delivery and Storage: Building shall be in proper condition and arrangements made to properly handle, store, prime and protect the work and materials before millwork is delivered. Do not install any interior millwork until exterior openings are closed up and glazed. 4. Measurements: Verify all measurements at site and consult with others doing adjoining work. Contractor responsible for proper fitting and - working out of trim and millwork details. B. Millwork: 1. Exterior and Interior Redwood finish, trim: Clear All Heart Redwood. All redwood trim shall be smooth face, S4S. 2. Redwood plywood: Shall be "Clear Heart", "Sawtex" plain square edge. Plywood to be untreated with water repellant. Plywood shall be pressure impregnated to Flame-Spread Classification I (Tunnel Test 0-25) with NCX fire retardant. Each plywood piece shall bear Fire Underwriters Label with FR-S Classification and added notation "No increase in listed classification when subjected to the standard rain test". Flame spread retardation shall be done by J.H. Baxter Co. , Koppers Co, or approved equal . Exposed faces shall be free of sticker marks. 3. Interior trim, including door trim, window trim, frame and stools, base trim, and all other interior trim , except where specified otherwise, shall be "B" and Better Vertical Grain Douglas Fir. 4. Doors, furnished and installed under this Section shall be constructed to details shown on the drawings. C. Cabinet Work: 1. Casework shall be "Flush Overlay" construction and shall comply with "Custom Grade" specifications and requirements of W.I.C. Contractor shall furnish a W.I.C. Certificate of Compliance. The cabinet manu- facturer shall install door hinges, and all cabinet hardware, refer to "Finish Hardware". Refer to details for material thickness and details. Run all grain vertically, except drawer fronts shall have grain run horizontally. Cabinet materials shall be as follows: a. Cabinets: (1) Cabinet shelves & cabinet doors, Birch, Grade 2A Lumber Core Plywood, interior grade. (2) Countertop, edges & splash with plastic laminate finish, over Exterior grade D.F. Plywood with B-C faces. - � �� Finish Carpentry & Millwork 6B - 2 6B- 6. C. 1. a. Cabinets: (continued) (3) Backing, interior grade Birch plywood, Grade IA. (4) Concealed portions, Birch as recommended by W.I.C. (5) Wood Countertop, drawer fronts, cabinet frames, (all solid stock items) Birch FAS. b. Counter Top, Formica, solid color (as selected by Owner) of sufficient length to extend full counter length. Self edge all edges. Apply to plywood backing as recommended by W.I.C. c. Extension Drawer Slides: Knape & Vogt #1600 self closing. d. Adjustable Shelf Hardware shall be Knape & Vogt No. 255 Standards with No. 255 Supports. Standards to be let-in flush. 2. Cases, so far as practicable for handling and for moving through open- ings, shall be fabricated complete as a unit in the shop. The frames and structure of all cases shall be sufficient to provide rigidity, to maintain opening sizes, and to support heavy loads. Joints shall be invisible, when possible; and glued, tenoned, etc., in accordance with the best practice of the craft. 3. Counter tops and backs where plastic is called for shall have plastic shop glued to 3/4" exterior grade plywood in a unit under pressure with contact cement. Splash edges and front edges of counters and splashes shall have plastic faces as detailed. Vertical intersections with countertops shall be neatly and tightly made. Fasten counter tops securely to cabinets with concealed fastenings and cement at all joints where necessary. 4. All shelves, except where otherwise shown, shall be adjustable on metal shelf supports. Materials for trim, shelves, etc. , shall , in general , be not less than 3/4" thick, of the necessary width, or shall be thicker where so detailed or necessary for its particular use. 5. All movable parts - doors, movable shelves, etc., - shall be fitted to have the minimum working clearances that are suitable for good appearance and proper operation. D. Miscellaneous Items: 1. Plastic Laminate: Formica, or approved equal . Color to be solid color, black, white or other as selected by the Owner. 2. Contact Bond Cement: Weldwood, Miracle, or other approved for adhering plastic laminate to plywood panels. 3. Miscellaneous Metal Work-' Provide as necessary for assembly and install- ation of items in this section, such as brackets, clips, plates, not furnished under other sections of the work. 4. Shelf supports (other than cabinets) : Knape & Vogt No. 187 (12") brackets, No. 87 Standards. 5. Waterproof Sealer: Thompson's Water Seal , manuf. by By-Chemical Products Co., Western Merchandise Mart, S.F., or approved equal . 6. Caulking Compound: refer to "Sealants", Section 7E. 0022;A 1-`Finish Carpentry & Millwork 6B - 3 6B- 7. INSTALLATION A. General: Finish carpentry included herein comprises, in the main, the installation of all "Millwork" including hardware and related items. B. Installation of Finish Carpentry and Millwork: After delivery of Millwork to the site, the responsibility for storage, protection, and placing of such millwork shall be assumed hereunder. Repair or replace damaged parts as directed. Prime concealed sides of millwork as specified under "Painting" before installing. All work must be clean and free of soil , dirt, grease, or tool marks. Install all work plumb, true and square with corners neatly mitered and splices made with 45 degree cuts. Blind nail in so far as is possible and set surface nails. Securely nail , screw or bolt items to adjacent backing. Provide miscellaneous molds, trim, fillers, etc., as indicated or required for first class finish work. 1. Installation of Exterior Trim, Siding, etc.: a. Window trim, including sills, mullions, transom bars, and heads - shall be set in full length with no intermediate joints. b. Refer to "Aluminum Doors and Frames (Section 8A) and "Metal Door Frames, Access Door and Roof Hatch" (Section 8B) for installation requirements for these items. c. All joints shall be made up with white lead paste. d. Window and door frames shall be made up in accordance with detail drawings, shimmed as required and securely nailed with wire nails at approximately 12" centers and set for glazing. e. Nails for all exterior work shall be hot dipped galvanized. f. Priming of frames and trim shall be done under "Painting" before setting material in place. g. Exterior Redwood plywood paneling shall have grain run vertically. Run paneling full length (no horizontal joints) . Replace all split or damaged panels. h. Redwood trim, mouldings, exterior and interior, shall be installed in as long lengths as practicable. (Ail vertical pieces shall be one piece, full length.) Miter corners and make splices with 45 degree cuts. Drive all members up tight and securely nail not over 12" on centers. Pre-drill and countersink all surface nails for putty stopping. Take special care to align and match with adjoin- ing trim at 90 degrees. I . Install 9" wide flashing strips around all openings (See "Rough Carpentry"). j. Set thresholds for exterior coors in waterproof mastic. Secure with Rawl plugs and machine screws. 2. Installation of Interior Trim and Finish: a. Nail with finish or casing nails set for putty stopping. All casings shall be mitered. 0926) r. _M. ,Finish Carpentry & Millwork 6B - 4 t 6B- 7. B. 2. b. Cabinet cases shall be installed with toe space, tops level and to line. Scribe to neat fit at wall. c. Install items specified under 'Building Specialties". See locations on interior elevations and plans for Toilet Room accessories. d. Interior Redwood plywood paneling shall be glued and nailed. Apply paneling mastic according to manufacturers recommendations. Run all grain vertically. Run plywood full height (no horizontal joints.) C. Installation of Finish Hardware: Accurately and securely, without marks or defacements of any kind and left in perfect working order, without biding, and free from paint or damage of any kind. Knobs and handles shall be protected with heavy paper wrappers until completion of building. Knobs and handles shall be removed before painting, then reinstalled. 0026 Finish Carpentry & Millwork 6B - 5 DIVISION 7 MOIS►URE 'PROTECT.ON SECTION 7A BUILT UP ROCcTNG 7A- 1. GENE--RAL The General Conditions and Genera Raq.4ir amients are part of this Section of the Specifications and apply to this Sectio, as fully as i► repeated herein. 7A- 2. SCOPE The work inclu:es, but is not necessarily limited to the furnishing and in- stalling of all built-up roofing as shown and noted on the drawings and spec- ified herein. Include supervision of installation of sheet metal work in connection with roofing work. Refer to Mechanical and Electrical work for roof mounted equipment, roof drains and scuppers. 7A- 3. RELATED WORK IN OTISHOtER SECTIONS A. Sheetmetal, refer to Section 73. B. Dampproofing Waterproofing, refer to Section 7C. C. .For Mechanical and Electrical Work refer to DIVISIONS 15 & 16. 7A- 4. ROOF TYPE AND MATERIALS MANUFACTURER A. Built-up roofing, base flashing, counterf lashing, and flashing to metal work and roof penetrations shall all conform to an approved manufacturer's 20-year bond spec;ficaticn and flashing endorsement suitable for this specific application. Roof bond end flashing endorsement are not re- quired. Roofing materials and application shall be Flintkote Specification No. 415-AW, Class 3 fire retardent or approved equal, for appticat:on over nailable wood deck, and corresponding. flashing specificaticns suitable for 20 year endorsement. 3. Roofing shall b2 Class 3 JnderwriteA' ' Laboratories Approved. C. Roofing materials shall be furnished by a. nationally recognized mam;- facturer specializing in the manufacture of roofing materials. Contractor shall receive approval for substitution from the Owner before pur- chasing any materials. . D. Roofing Subcontractor must be approved by the manufacturer who furnisees the Taterials.. Contractor shall sucrrit proof of this to ;.he Ow.:ar before starting roofing application. . . E. Manufacturer shall inspect and approve all roofing installation, and work shall be dcne under his direction. The manufacturers' raprescnza- tive shall 5e prase:t a: the start of roofing. 7A- 5. OF • A. General: ' :.::ari:.l- sac==:aL In -his section are standard products G. Clintxote, uzlass stz:a.: o.tha:w sa. Quantities and weights specifiec are minima par I.LC square =eat. %1%j ronding products teCua; or bet:.e:-: of other approved n::t:ora:.y raccgnized rcofing a;.a;.erials ,;.a:L;act�rers may be substituted for whose specified upon written approval from the U:w eater i a i s shall conform to it-he i a test applicable ASTM. Standards. : 1 00267 —. - - Built-up Roofing 7A - : 1A- 6. EQUIPMENT A. Equipment shall be in first class condition. Equip kettle wit; therro- static temperature control with automatic shutoff. Any work done with overheated asphalt may be refected by the -Owner.-- 7A- Owner.--7A- 7. SUKMARY OF MATER-ALS PER =00 SQUARE FEET H.M.P. Asphalt sprinkle mopping . . . . . . . . . . . . . . . . 15 lbs. No. 15 Asbestos Felt (4 layers) . . . . . . . . . . . . . . 60 lbs. H.M.P. Asphalt moppings between layers (3 @ 25 lbs. each) . . . 75 lbs. ,- Protective Coating C-13-C4 Asphalt Emulsion (3 gallon) . . .. 30 lbs. Sta-Kool Aluminum Reflective Coating (1 gallon) . . . 10 11s. Approximate Total 'Weight 190 lbs. 7A- 8. APPLICATION A. Inspection: Examine roof decks and other surfaces to receive roofing. _ Cover large cracks or knotholes with metal and sweep surface clean. Roofs shall be dry and free of defects or irregularities that may jeopardize the quality of the work and no roofing work shall be done on theaffected areas until suitable corrections have been made. Check also to see that roof will drain properly. Inspect and approve .the. installation of all sheet metalwork in connection with roofing. Roofing shall not be applied until roof deck has been inspected and approved by the Owner and roofing materials manufacturer. B. Responsibility: Nothing in the drawings and specifications shall be construed as relieving the Contractor of responsibility for the water- proof quality of the roofing work. 7A- 9. GENERAL INSTALLATION A. Asphalt: Apply asphalt at a temperature between 3750 and 45010 F. Do not heat to temperature higher than 45010 F. B. Sheet Metal Work: All metal flashings shall be primed with asphalt primer and allowed to dry before roofing materials are applied. C. Outlets: Set drain outlets below roof deck surface to permit free `low of - water and to prevent forming water dams at rims. Seal roofing around drains and fill metal base of ring-type drains with flashing compound. After roofing is applied, install ring and tighten. D. Vent Pipe Flashing: Set flange in asphalt on first layer of felt. Nail flange 4" on center and seal with a 6" strip of YELLOW JACKET Glass Fabric, set in asphalt=. Follcw with a collar of felt to fit around vents and overlap the fiances 6" on all sides applied in asphalt. After felts. are applied, forzr; a cant of plastic ce::ert around base of vent. E. Flashing Pan: Whe-re projections extend through the roof surface, install minimum 4" high collar .pita 6" flange. Install flange on top layer of base felt in flashing ccmpound, nail 4" on center. . Seal with 6" wide strip of YELLOW JACKET Glass Fabric set in asphalt. Cut 2 collars of Built-up Roofing 7A - 2 felt to fit snugly around col%r and extend J" and 12" beyand .edge of flange applied in asphalt. Fill t o inside of collar with flashing compound. Cant the flashing compound around projection above the level of outside rim. F. Parapet Mall: Coat the inside & top of walls evenly with�C-13-C4 Asphalt Emulsion. Apply with spray or so191%`.-fibered brush using 3 gallons per 100 square feet. G. Flashing at Equipment Intersections: Turn up roofing full height of curb as indicated on drawings, and over top of curb similar to facia as described under "Base Felts". This work shall be done in cooperation with mechanical equipment contractor and roofing installed in strict accordance with manufacturers recd=endations. 7A-10. INSTALLATION OF ? ;TER:ALS A. Base Fel ts: Sprinkle mop the plywood-. deck with asphalt and embed 4 layers of No. 15 Asbestos Felt, .p;l ied shingle method lapping 27h" on sides and 4" or. encs, N.'zh end laps not less than 3' apart. Apply all felts in lengths not exceeding 18' . Longer lengths will be permitted when rolled and broomed into place, or when laying machine is used. Nail every other layer of felt in two rows, staggered one inch and 160" down from top edge 12" on center. Mop between layers with asphalt. All layers shall be turned up and mopped to cant strip and tria.ned at vertical walls. B. Base Flashing: On parapet walls and other vertical surfaces, install an Asbestos Base Flashing consisting of one layer or' 6;o. 15 Asbestos Base Sheet and one layer of No. 38 Double Ply applied in asphalt. hail top edge 12" on center through tirdiscs. Apply a 3-Course Flashing System at top edge of base flashing. C. Protective Coating: Sweep roof clean to provide proper adhesion, removing all dust and sjrplus materials. Coat the entire roof and base flashing evenly with Protective Coating C-13-C4 Asphalt Emulsion spraying or rush- ing into the laps using row less than 3 gallons per 100 square feet. • D. Reflective Coating: Surface imust be cry and clean, free of dirt, dust, oil, grease or foreign Ratter. Surface should be walkable without damaging protective coating. Apply without di1lution with br4sh, spray or roller in a continuous film of uniform thickness. 7A-13. ROOF WAL94AYS A. Install roof walkways to roof wo.:^tac equipment where directeA by the Owner. :6 B. Walkways shall be 3' wide, 901 ib. sliver grey mineral surfaced cap sheet : mapped in place over new roofing, (do not nail). 7A-12. CLEAN UP The Roofing Contractor shall at all timas keep the premises free of roofing waste materials, rubbish, unused tools dow,pi:ent. Su 1 i .•-un Roofftnc 7r - y 7A-13. GUARANTEE Contractor shall furnish to the Owner a written guarantee that:-roofing and flashing installations are guaranteed to be watertight and free from defects of_materials and workmanship for a period of two years after the date of acceptance of the building by the Owner. Bulging or wrinkling of built-up roof surfaces shall be interpreted as a defect. All defects shall be cor- rected by the Contractor without cost to the Owner. Built-up -Roofing 7A - 4 '..;:.,',...-rs^.-��:�r.-,�,Er.,:•.:s.%:i$ _4.:r+r W 'n _....«...a ,- ,_ .-... _.a.. � � ��A ,.a �=-r DIVISION 7 MOISTURE PROTECTION SECTION 7B SHEETMETAL 7B- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 7B- 2. SCOPE Includes all labor, materials, equipment and services required to perform all operations in connection with the furnishing and installation of sheet- metal work complete in accordance with this section of the specifications and the applicable drawings. Includes furnishing sheetmetal items specifi- cally noted elsewhere to be installed by others. It includes: All galvan- ized iron roof flashing (Mechanical, Plumbing and Electrical flashing fur- nished under Divisions 15 and 16), all sheetmetal required for the comple- tion of the work not specified to be furnished by others. 1B- 3. RELATED WORK IN OTHER SECTIONS ----- A. Miscellaneous metal work is specified in Section 5A. B. Aluminum Doors and Windows, refer to Section 8A. C. Roofing is specified in Section 7A. D. Metal doors & frames & roof hatch, Section 8B. E. Lathing and plastering, Section 9A. F. Toilet Compartments, Section 10A. G. Plumbing, Mechanical and Electrical flashing are specified under Divisions 15 and 16. H. Sealants, refer to Section 7E. 7B- 4. SHOP DRAWINGS Submit for all specially fabricated items. Show details, dimensions, weights, connections, finishes, etc. Shop drawing shall conform to Work- ing Drawing details. Submit 2 sets for preliminary approval and 5 sets for final approval before fabricating any work. 7B- 5. REFERENCES AND STANDARDS Sheetmetal work shall be fabricated and installed in accordance with the "Architectural Sheet Metal Manual", A.I.A. File No. 12-L, of the Sheet Metal and Air Conditioning Contractors ' National Association, Inc., First Edition, 1965, unless detailed otherwise. 76- 6. MATERIALS A. General : All materials shall be new and of the following quality. 1. Galvanized Sheet Metal: ASTM 527 phosphate film applied to hot dipped ziilc,cbated steel . Zincgrip, Paintgrip, Paintbond, Tufkote or approved equal , 24 gauge, unless noted otherwise. 2. Stainless Steel: nickel bearing stainless steel, type 302. 00271 Sheetmetal 7B - 1 a; • L J. 0.eT•..4,. 3. Solder: ASTM B 32-60 5T; 50 percent block tin and 50% pig lead. 4.. Butyl Sealer: "DAP" Butyl Gutter and Lap Sealer, "Hapco 600", or 4 approved equal . Use as per manufacturer's specifications. 5. Metal Primer: For galvanized surfaces, 221-14 Zinc dust and zinc oxide primer; for ungalvanized surfaces, 121-00 "CHEX-RUST" primer W.P. Fuller Co. 6,. Rough Hardware: Nails, screws, bolts, etc., to be galvanized for galvanized steel . Nails shall be barbed, of best types for intended purpose and that will not support galvanic action. 7. Supports and reinforcements: Galvanized for galvanized steel to be furnished as necessary to provide strength. 8, Galvanizing: Not dip galvanize all ferrous metal items wholly or partially exposed to weather. Standard coamsercial grade galvanizing. Galvanize after fabrication. 78-7. STORAGE A. Storage of materials at the site shall be done so as to protect materials from damage. Materials which are scored, abraded, creased or otherwise damaged shall not be used in this work. 78-8. WORKMANSHIP A. All work shall be in cooperation with other trades and shall be performed by experienced workmen with ability to install and complete the work in a neat and workmanlike manner. Fabrication and installation shall be as detailed on the drawings. Confirm measurements with job conditions. B. Backing Surfaces: Shall be smooth, even, sound, clean and dry, and free from all defects that might affect application. Notify Owner of - conditions preventing proper execution of the work. Work started without such notification shall be construed as acceptance of preceding work and the Contractor shall properly replace all work required to be changed because of such defects without additional cost to the Owner. C. General: Materials furnished under this section but installed by others shall be delivered in time to avoid delays to construction pro- gress. Cutting, fitting, etc., required for work of other trades shall be performed under this section including all accessories essential to complete sheetmetal installation though not specifically shown or specified. Where sheetmetal abuts or members into adjacent materials, the juncture shall be executed in manner satisfactory to the Owner. Provide waterproofing paper as an underlayment for all sheet:retal linings or coverings. Gauge of nonferrous sheetmetal: Brown and Sharpe (B&S), and for ferrous sheetmetal: manufacturers standard guage. D. Assembly: Secure and assemble with locked seams, soldered and made watertight. Verify all measurements at site before fabricating any work. Make sections uniform with true, straight breaks; accurately fitted and 00272 S;;eetmetal 7E - 2 n ..-1.L .}1„?°E.'.+':'R'•`.. .....,fps%`k.,+ }.� .JUfa_',. . xis-..rt'+J •. ... .. .....ter. ... .. _.u...al.R... _ .......e. _ s -` Y _ 4 .....l�:rr. .tom�.-► "� ..�, �[: rigidly secured. Miter corner and angle joints. &Fit metal closely and neatly to backing and solder, bead, or return exposed edges as required for strength and appearance. Provide ribs, cleats, sleeves, stiffeners or other reinforcements required to make sections rigid and substantial. Provide expansion joints as indicated or required but not over 24 feet apart on continuous runs. Fabricate shop work in units requiring minimum field work. Seats, of type where indicated or required shall be sanding (one inch high minimum), flat lock (not less than 3/4” wide), soldered lap (not less than one inch wide). All seams made in direction of flow. E. Cleating: Provide cleats for shee metal work where required and spaced 12 inches on center. Cleats not less than 2 incises wide by 3 inches long of same material and weight as the sheet metal being installed, or heavier if indicated. One end of cleat secured with two nails and the edge folded back over the nail heads. The other end locked into seam. Cleats for soldered seams - pre-tinned. F. Soldering: Tin each sheet over the full area of contact and fill the seams completely with solder. Mallet double locked seams flat. Solder- ing shall be done slowly with well-heated coppers, so as to thoroughly heat the sheet and completely sweat the solder through the full width Of seam. Ample solder shall be used to completely fill the joint. Wipe excess solder from exposed surfaces. G. This Contractor shall insure a watertight insCallation and provide a shop coat of asphaltum paint on all exposed and concealed surfaces before installation (except finished a] msinum exposed surfaces). Allow for expansion and contraction in all cases. 7B-9. FLASHiNG COUNTER FLASHING: Shall be 24 gauge hot dipped zinc coated steel applied as indicated and at all points likely to leak whether or not indicated or specified including around items which pass through roof or walls (for mechanical or electrical flashing refer to Divisions IS and 16) . Set Imetal flash flanges in hot asphalt in cooperation with roofer and nail at 12" O.C. Lap at ends 6" and seal lap with plastic cement full width of lap. Accurately align all work. 7B-10. MISCELLANEOUS SHEET METAL A:O MEETAL WORK Sheet metal and metal items not covered elsewhere in this section: as indicated on the drawings and as required to provide a watertight installa- tion. Includes sheet.etal and metal work required for miscellaneous clips, anchors required for installation of izea:s and equipment specified here in and indicated on drawings. :there not indicated otherwise, sheetmetal to be 24 5a. hot dipped zinc coated steel . 7B-11. JOIST SPACE VENTILATION Aluminum Screen Cloth 18-14 mesh, .013 diam. aluminum wire. 002 M Shee tn.atal 78 3 i DIVISION 7 MOISTURE PROTECTION SECTION 7D BUILDING INSULATION 7D- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 7D- 2. SCOPE The work includes, but is not necessarily limited to, the furnishing and installing of all building insulation complete, as shown and noted on the drawings and specified herein. All exterior walls shall be insulated and insulation shall be installed between all roof joists over interior spaces. 7D- 3. RELATED WORK IN OTHER SECTIONS A. Insulation of plumbing and mechanical work is specified under Division 15. B. Refer to Electrical and mechanical work for roof mounted equipment, Divisions 15 and 16. 7D- 4. MATERIALS (Wall and Roof Insulation) Building Insulation: Fiberglas Kraft - faced building insulation with vapor barrier and nailing flanges, (332-. inch full thick for walls, 6" for roof insulation) fiberglass batts in roll batt form,, as manufactured or distributed by Owens-Corning Fiberglas Corporation, Johns-Manville Corp., or approved equal . All materials shall be delivered to the job in ori- ginal packages. Insulation in walls shall provide a thermal value of R-11. Insulation between roof joists shall provide a thermal value of R-19. 7D- 5. INSTALLATION A. Insulation shall be placed between all studs in all exterior walls and between all roof joists over interior spaces. All insulation shall be installed in accordance with the manuf's installation instructions and recommendations. All stapling flanges shall be secured to sides of framing members to produce air space on interior side of batts. B. Install insulation after all piping and wiring is in place. C. Install between studs, fitted between (not over) braces, and solid blocking. 0. Insulation shall be installed tautly without sagging. Building Insulation 7D - 1 09274 i u:ViS ON 7 MOISTURE PROTECTION SECTION 7E SEALANTS 7E- 3. GENERAL . The General Ccndid ons and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 7E- 2. SCOPE The work ;^c?uc`s, but is not nac:.ssarily limited to, the furnishing and applying Gil building sealant miaterials as shown on drawings and/or speci- fied herein to render the building waterproof. 7E- 3. RELATED WORK IN OICHER SECTIOI;S A. Caulking under Class and GIazing, Section 8E. B. Caulking under Flashing and Sheet Metal, Section 7B. 7E- 4. .MATERIALS A. Caulking Compound (Mastic) : Synthetic rubber-base, one-component, non- sag type, chemically curing, conforming to specification TT-S-00230C, supplied in a ready-to-use form. Under normal application conditions, including adequate ventilation, compounds shall be non-toxic. Caulking shall be Dap I Part F?exiseal or approved equal . B. Primer: Non-staining sealer, to type and consistency recommended by the caulking manufacturer for each specific surface material . C. Backstops: Closed-cell neoprene butyl , polyurethane, vinyl or poly- ethylene foams free from oil or other staining elements. Oakum, and other types of absorptive materials, shall not be used as backstops. D. Bond Preventive Material : Polyethylene tape with pressure-sensitive adhesive, aluminum foil , or waxed paper. 7E- 5. GENERAL REQUIREMENTS A. Provide caulking in all open joints exposed to the weather, as i;G'CcteC or specified, and in all areas normally requiring sealing with ca;.:<;;,y material to provide waterCigh . and wea hert-,ah_t construction. A'.". porc". surfaces, (stucco, wood, etc.; to receive caulking shall be primes. B. Deliver materials to the 405 in the manufacturers ' original uropar,ac con to ners, w" . t"e uran% -:s, d.z to or i��,;;:inct::r2, E farce C,EE *y "<CC thereon. Carer;:l?y hand i a F." s.are materials to prevent i r,c lus ion, of fore-gn matEria'S, cr suo'—f act'on _o t_=:.;eraZLres exceed,g 5O aegrEas Cau?king com;.cinc or ccmp�^alis imore than six months Gid s all not be uses. Color C. :.Gu, r. cc,-::pcunc s^G,i ce sa'•ectad by zh.a Owner's ra;ra- sentat i va from fel l i l i r:e o f ftan.:7acturer's color samrl es. 002Y75 _ Sealants 7c- . w , it 7E- o. APPLICATION A. Surface preparation: Surfaces against which primer and caulking are to be applied shall be clean, dry to t:�e touch, free from frost, moisture, grease, oil , .rax, lacquer, paint, or other foreign matter. All joints shall be cleaned out to the depth indicated. Clean out all loose par- ticles of mortar just prior B. Primer: Provide on all sL:.r`acz_s ws reco.-:amended by the caulking ranu- facturer. Pr;mer sna11 not ba applied to surfaces which wi11 be exposed after caulking is ccmpl o Ced. C. Backstops: Pack tine back or bottom of Joints over 1/2" in depth tightly with an approved backstop material to the depth indicated.. 0. Bond preventive material : Shall be provided at back or bottom of joint cavities in which no backstop material is required; it shall cover the full width and length of the joint cavities. E. Protection and cleaning: Protect areas adjacent to joints to be caulked from smearing; paper masking tape may be used for this purpose if re;.oved 5 to 10 minutes after the joint section is filled. F. Upon completion of caulking, all remaining smears, stains, and other soiling resulting there f rcm shall be removed a$-,d work left in a clean and neat condition. G. Apply in accordance with the manufacturer's printed instructions , using a gun with nozzle of proper size to fit the. joint width. Force compound into grooves with sufficient pressure to fill the grooves solidly. Caulk- ing shall be uniformly smooth and free of wrinkles, and unless indicated otherwise, shall be tooled and left sufficiently convex to result in a flush joint when dry. Where the use o: Sun is impractical , approved hand tools may be used. The caulking compound shall not be applied to joinzs when the air temperature is below 50 degrees F. or when it appears probakie that temperatures below 50 degrees F. will be encountered before the caulking has set. Modification of t' e caulking compound by addition of liquids, solvents, or powders shail not be pen. itted Caulking arcu„C openings shall include the entire perimeter of each opening. ` rG ! Sea 7 an zs 7r - 2 _ DIVISION 8 DOORS, WINDOWS & GLASS SECTION 8A ALUMINUM DOORS & FRAMES & WINDOWS 8A- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 8A- 2. SCOPE Includes all labor, materials, equipment and services required to perform all operations in connection with the installation of the aluminum doors and frames and windows complete in strict accordance with this Section of the Specifications and the applicable Drawings, and includes the installation of finish hardware on doors and windows specified in this section of the speci- fications. 8A- 3. RELATED WORK IN OTHER SECTIONS A. Finish Hardware, refer to Section 8D. B. Glass & Glazing, refer to Section 8E. 8A- 4. ALUMINUM DOORS & FRAMES A. Aluminum doors, TRIFAB "450" frames and related items specified in this section shall be as manufactured by Kawneer Company, or approved equal . Doors shall be Kawneer Aluminum Door, Series 350. B. Materials: Extruded from 6063-T5 aluminum alloy (A.S.T.M. , 8221-54T alloy GS 1OA-T5). C. Construction: Corner construction shall consist of both Sigma deep penetration weld and mechanical fastening. Glazing clips shall be tamper proof. Doors shall be designed to recieve double glazing. D. Finish: Doors, frames and all exposed members, including face sheets shall receive Dark Bronze #40 Class 1 Anodic Coating with Integral Color. Provide finish Certification. Provide finish sample before fabrication. E. Caulking Compound: "Hunts", "A.C. Horn's", or equal, gray butyl caulking compound, gun grade. F. Hardware: Except for items specified in Section 80, "Finish Hardware", all other hardware specified herein shall be furnished by the door manu- facturer. All hardware, including items furnished in Section 8D, "Finish Hardware", and items specified herein shall be installed in the doors by the door manufacturer. Hardware to be furnished by the door manufacturer shall include: 1. Pull Hardware, style U, match door finish. 2. Push Hardware, style U, match door finish. G. Erection: Shall be done by a representative authorized by the door manu- facturer. Securely anchor all items in place to provide a straight, plumb and level condition. Thoroughly and neatly bed all materials in caulking compound at al-l -exterior contacts with supporting surfaces. After glazing, check and re-adjust all items, including floor check of operating hardware 00271' Aluminum Doors & Frames & Windows 8A 1 G. (continued) as required for proper operation. Before installation this Contractor shall determine that all backing elements are plumb and securely fastened in place. 8A- 5. ALUMINUM SASH A. Materials: Sash, frames, screens and sash hardware shall be as manufactured by Viking Industries Inc. (Series 1600) , or approved equal and shall be designed to carry double glazing. 1. Extrusions shall be 6063-T5 alloy. Exposed aluminum sheet to receive anodic finish shall be 5005 alloy to match extrusions. All sections formed true to detail and free from defects impairing appearance, strength or durability. Exposed fasteners shall be aluminum to match finish. Unexposed fasteners may be cadmium or zinc plated steel in accordance with ASTM Spec. A165-55 and A164-55. Anchors shall be aluminum or steel , providing the steel is properly insulated from the aluminum. - 2. Sash hardware shall be white bronze and shall be noncorrosive and non- staining to windows. Fasten as recommended by manufacturer. Friction shoes shall be self-lubricating nylon. Provide 3 extra sets of all hardware for future replacement. B. Construction: All corners of ventilators shall be mitered, flash welded and uniformly machine trimmed. Welds shall not be discolored after finish- ing. Frame corners shall be double tenon jointed, mechanically forged and made permanently leakproof. Sash shall be 1h" deep. Glazing bead shall be aluminum snap-in type with no exposed fasteners and shall be finished to match sash finish. Black Elastromeric weather stripping shall be applied to full perimeter of ventilator. C. Finish: All exposed window members shall receive Dark Bronze #40 class 1 Anodic Coating with Integral Color. D. Screens: Provide screens constructed with Roll Form Aluminum frames rigid- ly joined at corners. Screen cloth shall be 18 x 16 mesh aluminum. Clean to provide a uniform color. Screen frames shall match sash finish. Splines shall be extruded vinyl, removable to permit re-screening. E. Hardware: Provide 1 - projected sash ring handle & keeper each sash. Provide 1 - Pole with hook & pole hanger. Install hanger where directed. F. Installation: Anchor substantially in place, plumb and true in proper alignment in accordance with manuf's. instructions. The installation shall be entirely weathertight. Maintain protection and provide final cleaning. G. Guarantee: This Contractor shall guarantee his work against defective materials or workmanship for a period of one year following acceptance of the materials by Owner. 00278 Aluminum Doors & Frames & Windows 8A - 2 8A- 6. ALUMINUM SASH (SLIDING DOOR) A. Materials: Aluminum Sliding Glass Doors to be Sun Valley 300 Doors as manufactured by Viking Industries of Portland, Oregon, or approved equal . 1. Doors to be fabricated from 6063-T5 extruded aluminum alloy shapes with nominal wall thickness of .062. Weather-stripping to be silicone treated high pile. 2. Frames and panels shall be machined and mechanically jointed for water tight joints. Sliding panels shall roll on steel sheaves having sealed ball bearings enclosed in an adjustable housing attached to the bottom rail. Sliding panel and fixed panel to be reversible and rembvable for glazing and maintenance. The fixed panel to be held in position at the top and bottom of the frame. 3. Finish: Doors shall be Bronze anodized finish to match aluminum - entrance door. B. Hardware: Sliding panel shall be equipped with a non-jamming latch concealed in stile. C. Glazing: Glass shall be glazed in panels with extruded wrap around vinyl channel without any glass to metal contact. Glass to be 5/8" tempered insulated unit. D. Screens: Screen frame to be tubular rolled formed aluminum sections fitted with 18 x 14 fiberglass mesh. Screens to roll on adjustable rollers and be equipped with an inside latch. Match door bronze finish. 00279 Aluminum Doors & Frames & Windows 8A - 3 i DIVISION 8 DOORS, WINDOWS & GLASS SECTION 8B METAL DOORS & FRAMES & ROOF HATCH 8B- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 8B- 2. SCOPE This Contractor shall coordinate the furnishing of metal doors and frames and corresponding Finish Hardware for the complete installation of all metal doors and frames and shall furnish and install the Roof Hatch. 8B- 3. RELATED WORK IN OTHER SECTIONS A. Miscellaneous metals, Division 5. B. Sheet metal work, Division 7. C. Finish painting, Division 9. D. Furnishing of finish hardware, Section 8D. E. Glazing, Section 8E. F. Rough Carpentry, Division 6. 8B- 4. REFERENCES AND STANDARDS Doors and frames shall be manufactured in accordance with the latest appli- cable standards and specifications of the Steel Door Institute. All doors and frames shall be guaranteed in accordance with this standard. 8B- 5. SHOP DRAWINGS Submit fully detailed shop drawings of all metal doors and frames included in this section, and include a complete schedule of all doors and frames to be furnished under this section, to the Owner for approval . No manufacture or fabrication shall be commenced until the shop drawings have been approved and returned to the Contractor. 8B- 6. METAL DOORS AND FRAMES A. Materials: Metal Doors and Frames shall be as manufactured by the Ceco Corporation, Fenestra Corp., or approved equal. Doors and Frames shall be hot dipped galvanized. B. Metal Door Frames: 1. Exterior Door Frames shall be Series SF (except full welded. Interior Door Frames shall be Series DW (except full welded. 2. Door Frames: Refer to drawings. Frames shall be full welded unit type. Integral stops(rabbets) shall be not less than 5/8 inches in depth. 3. Steel : Steel for frames shall be cold-rolled, low-carbon type, pickled and annealed, and stretcher leveled, with clean, smooth surfaces. Concealed reinforcing members shall be well finished structural steel shapes, or formed sheet metal sections. Metal Doors & Frames & Roof Hatch 00280 86 _ 1 i 4. Gauges of Metal : Frames shall be fabricated from 16 gauge steel , un- less otherwise noted. Reinforcements for hardware shall be not less than 7 gauge for mortised hardware, and 3/16" thick for surface applied hardware. The gauges specified are the minimum required; heavier gauges may be provided. 5. Workmanship and Design: The finished work shall be strong and rigid, _ square, plumb, and true, free from defects, warp, or buckle. Corner joints shall be welded and in true alignment. Fastenings shall be concealed where possible. Frames shall be without weld or fabrica- tion marks. 6. Provisions for Hardware: Door frames shall be prepared at the factory for the installation of template hardware. Frames shall be cut, reinforced, drilled, and tapped to templates to receive all hardware specified. Cover boxes shall be provided in back of all hardware cutouts. Door frames shall be punched to receive three rubber or vinyl door silencers on lock side of single doors. Lock strikes shall be set out to provide clearance for silencers. 7. Anchors: Anchors on jambs of door frames shall be formed to shapes and sizes necessary for the adjoining type of wall construction. The design of anchors shall be standard with the manufacturer and shall be formed from metal of the same gauge as the frame. Jamb anchors shall be located near the top and bottom of each jamb and at intermediate points not over 24 inches apart. 8. Shipment: Frames shall have temporary steel spreaders welded at the open ends of frames. Where construction will permit, spreaders shall be left in place and concealed. Where they cannot be concealed, they shall be left in place until the frames are set and anchored. 9. Coordinate door frame dimensions with finished wall thickness. C. Metal Doors: 1. Door shall be "Regent". Door size and style shall be as indicated on Drawings. 2. All doors shall be 16 gauge. Provide minimum 3/16" metal backing for all hardware. D. Shop Finish: All metal doors and frames shall be cleaned thoroughly, treated to assure maximum paint adherence, and given a factory dip or spray coat of rust inhibitive paint conforming to ASTM Specification D-2247 on all concealed and exposed surfaces. Exposed surfaces of all frames and doors shall be given a second prime coat. Doors and frames shall then be sanded smooth and given an additional coat of metallic oxide or synthetic resin primer. Each coat of paint shall be baked separately or oven dried in accordance with the manufacturer's standard practice. Finish field painting is specified under "Painting", Section 9E. Metal Doors & Frames & Roof Hatch 8B - 2 00281 E. Installation: 1. Frames: Frames shall be set accurately in position, plumbed, aligned, and braced securely until permanent anchors are set. The bottom of the frames shall be anchored securely to floors with expansion bolts or with power-driven fasteners. Wall anchors shall be built-in or secured to adjoining constructions as indicated or required by adjoining con- struction. Where frames require ceiling struts or other structural overhead bracing, they shall be anchored securely to structure above, as required. 2. Hanging Doors: Doors shall fit snug against all stops and hang free from hinge bind with uniform clearance of 3/32" at heads and jambs. Finish Hardware shall be installed as follows: Location dimensions are from floor to center line unless otherwise noted: Knobs: 38" to 42" Pull Grip: 42" Push Plate: 50" Cylinder dead Lock: 52" Butts: Top Butt, top edge 5" to 7" from top of door. Bottom Butt, bottom edge 6" to 10" from door bottom. Center Butt, 1/2 way between top and bottom butts. 86- 7. ROOF HATCH A. Roof Hatch shall be Type S as mfg. by the Bilco Company. Cover and curb shall be 14 ga. galy. iron with 22 ga. galy. iron cover liner. Cover to contain 1" fiberglass. Curb shall be 12" high with integral metal cap- flashing, full welded at corners. Roof Hatch to be absolutely weather tight. Provide heavy pintle hinges, compression spring operators, posi- tive snap latch with turn handles, padlock hasp inside, neoprene draft seal and automatic hold-open arm. All hardware to be zinc plated. Assembly shall be primed with red oxide primer. Manufacturer shall guarantee proper operation and against defects in material or workman- ship for a period of 5 years. Size shall be 30" x 36". B. Install where located on Drawings. Set frame accurately in position. Align and brace securely to roof framing. Solid block all sides of openings. Opening to be made fire resistant. y Metal Doors & Frames & Roof Hatch 8B - 3 00202 DIVISION 8 DOORS, WINDOWS & GLASS SECTION 8C WOOD DOORS 8C- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 8C- 2. SCOPE The work includes, but is not necessarily limited to, the furnishing, but not installing, of all wood doors which are to be installed in metal frames. 8C- 3. RELATED WORK IN OTHER SECTIONS A. Finish Hardware, refer to Section 8D. B. Metal Door Frames, and installation of wood doors in metal frames, includ- ing corresponding finish hardware, refer to Section 8B. C. Furnishing Roof Hatch, refer to Section 88. D. Furnishing and installing of Aluminum Doors and Frames and corresponding hardware, refer to Section 8A. E. Glass and Glazing, refer to Section 8E. _ F. Painting, refer to Division 9. 8C- 4. SAMPLES Submit sample wood species of doors to the Architect for approval . Samples of flush doors shall be 8" x 10" corner section of door. Doors shall not be ordered for fabrication until the Architect has approved the samples. 8C- 5. REFERENCES AND STANDARDS All doors shall be manufactured in accordance with the applicable standards and specifications of the Woodwork Institute of California, "Manual of Millwork", current edition. All doors shall be guaranteed in accordance with this standard and as hereinafter specified. 8C- 6. DOORS A. General : All doors shall be solid core, flush, W.I.C. "Custom Grade" Vertical Grain Douglas Fir intended for a stain finish. Vertical Grain Douglas Fir finish for both labeled and unlabeled doors shall match. Doors shall conform to the drawings and Door Schedule and shall be of the size, thickness, and type indicated. Door with Vision Light shall have glass set in metal frame. Provide matching edge banding on vertical edges securely glued, under pressure to a block core. B. Fire-Rated Doors: Shall be as scheduled and shall bear Fire Marshall 's stamp of approval . Doors shall be constructed in accordance with U.L. procedure manual . Doors shall be as manufactured by Weyerhaeuser, or approved equal . Doors shall be edge banded to match finish and shall conform to W.I.C. "Custom" Grade Doors. Finish shall be Vertical Grain Douglas Fir. C. Workmanship: The finished work shall be strong and rigid, free from defects, waves, scratches, cuts, dents, ridges, holes, warp, or buckle. Joints shall be dressed smooth. Wood Doors 8C - 1 DIVISION 8 DOORS, WINDOWS & GLASS SECTION 8D FINISH HARDWARE 8D- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 8D- 2. SCOPE Furnish all finish hardware required to complete the work as indicated on the Drawings and herein specified, and as necessary to complete, but not limited to the following principal items. A. Hardware for doors listed in schedule. B. Key cylinders and padlocks. C. Key control system. D. Cabinet hardware. _ 8D- 3. RELATED WORK IN OTHER SECTIONS A. Installation of hardware, refer to Division 6. B. Casework adjustable shelf hardware, Division 6. C. Toilet Room Accessories, Division 10. D. Toilet Partition hardware, Division 10. E. Metal Doors & Frames, Section 8B. F. Rough Hardware, Division 6. 8D- 4. CODES All hardware shall comply with applicable building codes. 8D- 5. MANUFACTURER Manufacturers indicated herein establish a "Standard". Substitutions must be approved by the Owner. Substitutions shall be requested for investigation in ample time, so as to cause no delay in the progress of the work. Refer to Section 18 of the General Conditions. 8D- 6. GENERAL REQUIREMENTS A. The supplier furnishing finish hardware under this section shall have an organization having technical-experience and competence to correctly interpret the Drawings, Details and Specifications, to furnish appropriate and complete finish hardware and to be prepared to promptly provide an efficient builders' hardware specialist regularly employed by such organ- ization. Such specialists shall be available to the Owner until the com- pletion of the job and acceptance thereof; to inspect the material and installation of goods furnished and to report, before final payment is made, all adjustments necessary to make the hardware function properly. Any member in good standing of the American Society of Architectural Hardware Consultants shall be considered to meet these requirements. Finish Hardware 8D 1 i 00281 I. B. All hardware shall be furnished packed complete with the correct type, finish and number of screws, bolts, expansion shields, etc. , for secur- ing the hardware. C. The Contractor will be held to have examined the general specifications, all plans and detailed drawings; to provide hardware for any and all openings (whether listed in this specification or not) , in conformity with all local and State building codes. The Contractor will assume responsibility that all hardware will properly fit the material to which it is attached. D. Where the size or shape of members to be equipped with hardware prevents or makes unsuitable the use of exact types specified, suitable types having as nearly as practicable the same operation, function and quality, shall be furnished. E. Sizes of all articles of hardware in all instances shall be adequate for the service to which the individual items of hardware will be subjected in the course of normal usage. F. Finish hardware shall not be installed until painting is completed. 8D- 7. PACKING & MARKING Each item of hardware when delivered to the job shall be plainly marked with the corresponding item number from the hardware schedule and with door number taken from the Architectural Floor Plan and with-.-Set key numbers if locks and hardware are keyed. 8D- 8. HARDWARE SCHEDULE A. Two copies of the preliminary hardware schedule shall be delivered to the C.C.C. Building Projects Division for review and comments. One schedule with our corrections marked in red will be returned to the hardware supplier. When the new final hardware schedule is compiled, three copies shall be forwarded to the Building Project. This will enable the Owner to prepare a keying schedule which will be forwarded through channels to the hardware supplier prior to ordering hardware. B. The successful hardware bidder shall contact the lock company's repre- sentative as soon as possible and have him meet with the Owner to assist in reviewing the hardware and keying schedule prior to the forwarding of the hardware order to the factory. 8D- g. KEYING A. All keyed locks shall be passed by the existing Moraga Fire District Master Key. B. Allow for future expansion under each Master or Set. Finish Hardware 80 2 0028.E C. Keys 1. Furnish three keys per lock or set of locks and 3 Master Keys. 2. All keys are to be tagged with the hardware item number, .door number, and room number from plans and delivered directly to the Moraga Fire District by the hardware supplier. 3. Upon receipt of the locksets and cylinders from the factory, the hardware supplier shall notify the Moraga Fire District that the keyed locks and cylinders are ready to be checked for the keying requirements set forth in the keying schedule. After the'keyed locks and cylinders have been checked against the keying schedule and corrections made, the Owner will accept the keys for the job, and the keyed locks will be delivered to the job. 8D-10. TEMPLATES In order to insure proper placement and fit, all hardware shall be made to template. Templates, or physical hardware items, shall be furnished to supplier concerned sufficiently in advance to avoid delay in the work. 8D-11. SAMPLES OF SUBSTITUTIONS Before preparing the hardware schedule, the Contractor shall submit one physical sample of each item of hardware (if other than the manufactur- ers listed in hardware sets specified) upon request from the Owner. Finish Hardware 80 3 s sit Ott?.8: SD-12. HARDWARE SCHEDULE Hardware Group I, Door 1. 1 Ea. Floor Check 27 10B Rixson 1 Threshold 3 x 700 x 200 x 201 Bronze Rixson 1 Thresholder 560 10B. Rixson 1 Deadlock MS 1850 106 Adam Rite 1 Cylinder 900 10B Schlage 1 Turn Piece 4066 10B Adam Rite 1 Stop 119 ES 10B Quality 1' Exit Sign Plastic Best Line Hardware Group II, Door 2 ' Ih Pr. Butts TA2314 4�1 x 4k 10B NRP McKinney 1 Lockset G51PD, Saturn GR 10B Schlage 1 Closer 154 PS Stat. Bronze Sargent 1 Kickplate 16 x 1k" L.D.W. 108 Sargent 1 Threshold 180B x 188B Bronze Pemko 1 Exit Sign Plastic Best Line Hardware Group III, Door 3, 6. (Office, Mech., Shower) 131� Pr. Butts TA2714 % x % 10B McKinney 1 Lockset D51PD, Camb. GR 10B Schlage 1 Closer 153-0 EB Sargent 1 Wall Bumper 307 TB 10B Quality Hardware Group IV, Door 6 (Toilets) 1k Pr. Butts TA2714 4h x 4h 10B McKinney 1. Latchsets DIOS, Camb. GR 10B Schlage 1 Closer 153-0 EB Sargent 2 Wall Bumper 307TB 10B Quality Hardware Group V, Door 7 12 Pr. Butts TA2714 4;j x 4h 10B McKinney 1 Lockset D51PD, Camb. GR 10B Schlage 1 Wall Bumper 307 TB 106 Quality Hardware Group VI, Door 4 (Pair) 3 Pr. Butts TA2714 411 x 4h 10B McKinney 1 Set Exit Bolts 12-9963 STS 10B Sargent 1 Set Exit Bolts 12-9710 STS 10B Sargent 1 Coordinator 1237 108 Von Duprin 2 Closer 154-P9 EB Sargent 2 Stops 431 ES 10B Quality 1 Exit Sign Plastic Best Line 2 Kick Plate 16" x 1h" L.D.W. 10B Sargent 1 Cylinder 900 10B Schlage Hardware Group VII, Cabinet Hardware Hinges 2834 McKinney Catches 32 Quality *;Pulls 1162 �0,�$1 260 - Quality `t v r Finish Hardware 8D - 4 DIVISION 8 DOORS, WINDOWS & GLASS SECTION 8E GLASS & GLAZING 8E- 1. GENERAL . The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 8E- 2. SCOPE The work includes, but is not necessarily limited to, the furnishing and installing of all glass work complete as shown and noted on the drawings and specified herein. 8E- 3. RELATED WORK IN OTHER SECTIONS A. Metal Doors & Frames, refer to Section 88. B. Finish Carpentry, refer to Division 6. C. Aluminum Doors & Frames & Windows, refer to Section 8A. D. Mirrors, refer to Section 10B. 8E- 4. CODES AND STANDARDS All glazing compounds and methods of glazing shall be in accordance with the applicable portions of the Flat Glass Jobbers Association "Glazing Manual", latest edition. Glass and glazing shall also conform with the applicable re- quirements of the "Uniform Building Code", 1973 Edition, Vol . I, Chapter 54. 8E- 5. MATERIALS A. General: All glass shall conform to Federal Specification DD-G-451a (1) . Glass shall be of the types and thicknesses shown on the drawings. B. Double Glazing: shall be plate (5/8" units) L.O.F., "Thermopane", Viking or approved equal . Glass shall be tempered where shown on drawings. Units shall be factory built and delivered to the site. C. Clear Wire Glass, Mississippi Glass Company's "Polished Misco" 1/4" thick or approved equal . D. Glazing Seal: for interior glass in wood stops,. Dap Sealing Tape, 1/8" minimum thick, or approved equal . E. Setting Blocks: Shall be semi-hard neoprene or vinyl rubber, of the sizes required for the installations. 8E- 6. SPECIAL REQUIREMENTS A. Manufacturer's labels, showing strength, grade, thickness, type and quality will be required on each piece of glass. Labels must remain on glass until it has been set, inspected, and approved. B. Sizes indicated on the drawings are approximate. Actual sizes shall be determined by measuring in the field. The Contractor is responsible for correct sizes. Glass A Glazing 8E - 1 00288 C. Stops or beads for glazed openings will be provided -under other sections for use under this section. D. Deliver glazing compounds in manufacturer's sealed containers. E. Rabbets and applied stops must have been prime painted on the surfaces to receive glazing cor,pound before any glass is installed. SE- 7. GLAZING A. General : Conform to applicable porticns of Flat Glass Jeers Associa- tion "Glazing Manual". Perform no work at temperatures alow 50 degrees F. Check dimensions of openings to be sure that ade,-;gaze clearances are maintained on all four sides at perimeter. Shop cut all glass; cut cle:.n, straight edges, free from chips and fissures. Fixed stops, glass edges, and applied stops shall be cleaned of all dust, dirt, oil , or other debris before glazing. Aluminum sash and metal doors shall be glazed in accor- dance with manufacturers recommendations. B. Preparation: All doors hung and adjusted before glazing. Glaze in closed position. All wood properly sealed or primed bafore glazing. Rabbets clean, dry, and dust free. C. Glazing of Windows and Doors: Run glazing compounds in alignment with edge of stops with corners carefully made and surface smooth and even. Provide setting blocks and spacer blocks when setting glass over 24" wide. Use of blocks on smaller lights is optional . Remove and re- place stops carefully to avoid marking or defacing any portion of frames or stops. Glazing seal shall be applied in accordance with manuf's specifications. Accurately set glass to frames, allowing proper play with equal bearing for entire width of pane. Weil bed glass in speci- fied glazing compound and set stop. Make all edges smooth with no sharp or ragged edges. Set glass with furnished stops. Set stops in compound leaving 1/16" of compound between stops and glass. Trim off excess neatly. Glass in wood stops: bed glass in glazing seal (back, edges and front) and secure with wood stops. 8E- 8. REPLACEMENT AND CLEANING Upon completion of the building, all glass surfaces shall be thoroughly cleaned, and all labels, paint spots, and other defacements shall be re- moved. Cleaning solution shall not etch or stain painted or finished surfaces or affect the glazing compound. Cracked, broken, and imperfect glass shall be replaced at no additional cost to the Owner. The Contractor is responsible for any breakage until acceptance of all work in building in contract. Responsibility of Contractor shall extend to all damage whether caused by construction operations or other causes. Glass & Glazing- BE 2 ♦ ' ' Y _. "- 00289 I DIVISION 9 FINISHES SECTION 9A LATHING & PLASTERING 9A- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 9A- 2. SCOPE The work includes, but is not necessarily limited to furnishing all material , equipment and labor to complete the integrally colored Exterior Portland Cement-Lime Stucco System; includes Exterior Portland Cement-Lime Stucco and Stucco Mesh Systems, Exterior Stucco Metal Trims, Metal Flashings and acces- sories (install only, supplied by others, coordination of work with all other trades; in accordance with these specifications and as detailed and scheduled on the drawings. 9A- 3. RELATED WORK IN OTHER SECTIONS A. Wood frame is specified in Division 6 Carpentry. B. Metal Doors & Frames, Section 8B. C. Sheetmetal , refer to Section 7B. D. Gypsum Board, refer to Section 9C. E. Aluminum Sash, Section 8A. 9A- 4. ENVIRONMENTAL CONDITIONS Stucco shall not be applied during freezing weather or to surfaces that contain frost. Stucco shall be kept at or above a temperature of 50 degrees Fahrenheit during and for a period of 48 hours after application. 9A- 5. REQUIREMENTS & REGULATORY AGENCIES A. Metal Lath Association Technical Bulletin No. 9. B. California Lathing & Plastering Reference Specifications. C. USG Redbook of Lathing & Plastering 27th Edition. D. Uniform Building Code Section 47. 9A- 6. MATERIALS Materials and accessories specified herein shall be as manufactured by United States Gypsum Co. , Western Metal Lath Co. , or approved equal . Application of all materials shall be in accordance with manufacturers instructions. A. For Portland Cement-Lime Stucco Systems: 1. Portland Cement : ASTM C-150 Type 111 2. Hydrated Lime : ASTM C-206 Type 'S' . 3. Aggregate : ASTM C-144 Table 1 4. Water : Potable, clean, suitable for domestic use. 5. Metal Mesh : 1h" galvanized mesh, 1.42 p.s.y. 6. Felt Underlayment : Asphalt Saturated Felt No. 15. ASTM DD-226. Lathing &■/�)'Plastering 9A - 1 V�I'1V O I II 7. Nails : 1-1/2" Galvanized furring type. 8. Finish Stucco Coat : USG Oriental or Peerless, factory color mixed. 9. Metal casing beads : No. 66X expanded flange square edge casing, 26 ga. gal v. steel . 10. Metal corner beads : "Stucco LOK Corner reinforcing." 26 ga. galv. Steel with expanded flange. 11. Metal Expansion Joints: No. 15 "Expanded flange expansion joint", 26 ga. galv. steel . 12. Drip Screed No. 36, Drip Screed, 26 ga. galv. steel . 9A- 7. APPLICATION OF ACCESSORIES A. Application of Asphalt Felt: No. 15 Asphalt Saturated Felt shall be placed in horizontal layers over the sheathing, with strip overlapping the strip below 3 inches. B. Application of Mesh, Lath and Expansion Joints (For additional accessories refer to Sheetmetal Section 7B). 1. Mesh shall be applied with the long dimension at right angles to the framing members. Lap sides and ends one full diamond. Mesh shall be spaced 1/4" out from the backing using furring devices or furring nails. Mesh shall be attached to framing members not less than 6" o.c. Lath shall be side tied at 6" o.c. along the sides between the supports. 2. Install USG Control Joint No. 093 where indicated on the drawings (expansion joints). Back control joints with 9" wide No. 15 asphalt felt strips stapled to the sheathing. Install joints with flanges under self furring lath and attach with Bostitch 9/16" G Staples or equal , spaced 6" apart on each flange. Break supporting members and sheathing behind control joints. Apply sealant at all splices, inter- sections and terminals. 9A- 8. PLASTER MIXES A. Portland Cement-Lime Stucco: 1. Scratch & Brown Coats: Portland cement. ....1 part Hydrated Lime. .... . .3/4 part Aggregate. . . . .4 parts Water: as required to produce proper fluidity. 2. Finish Coat: Oriental Stucco Finish requires only the addition of enough water to produce the required fluidity for application. 9A- 9. SYSTEMS DESCRIPTION Exterior Stucco Walls: Shall be 7/8" Portland Cement-Lime stucco integral color finish, 1.8 psy Expanded Metal Stucco Mesh and'15# Asphalt Saturated Felt over a sheathed wood frame structure. "Shovel measures" will not be allowed during mixing. Lathing & Plastering 9A - 2 9A-10. PLASTERING A. Exterior Plastering: 1. On frame walls with wire mesh: a. Scratch Coat: proportion of 1 volume Portland cement to 332- volumes of sand and 1/10 volume of masons hydrated lime. Firmly press in place and key to lath, scratch in both directions to a rough surface; minimum thickness 1/2". Wet down for at least 2 days after appli- cation and allow to cure and dry for 2 days minimum before applying brown coat. b. Brown Coat: Same proportion as scratch coat. Rod to true surface and leave rough to receive finish coat, minimum thickness 3/8". Wet down for at least 2 days after application and allow to cure and dry for 14 days minimum before applying finish coat. c. Finish Coat: Finish Coat shall be mixed and applied as recommended by manufacturer. Color of finish coat shall be as selected by Owner. _ Finish to be exterior dash. Finish coat shall cover bottom exposed leg of drip screed. Mask to prevent stucco from contacting founda- tion walls. 9A-11. PATCHING Remove faulty plaster work and repair to satisfaction of the Owner at no extra cost to the Owner. 9A-12. SCAFFOLDING Furnish and maintain as required in compliance with regulations of State Industrial Accident Commission. 9A-13. CLEANUP Remove from site all plaster bags, excess sand and plaster and other debris caused by the plastering and clean all spilled piaster from adjacent surfaces. 9A-14. PROTECTION OF ADJOINING SURFACES Care shall be taken to protect all adjoining surfaces from plaster waste and damage. Contractor shall mask-off all adjoining finishes before start- ing work. Stucco on adjoining surfaces shall be removed by this Contractor without cost to the Owner. Lathing & Plastering 9A - 3 00292 DIVISION 9 FINISHES SECTION 9B CEMENT ASBESTOS BOARD (WAINSCOT) 9B- 1: GEUERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 9B- 2. SCOPE Includes all labor, materials, equipment and services required to perform all operations in connection with the installation of architectural asbestos board panel wainscot where scheduled, complete, in strict accordance with this section of the specifications and as noted on the drawings. 9B- 3. MATERIALS A. Cement Asbestos Board; "Permatone' S", "Flexboard", 4' x 8' x 1/8" thick, as manufactured by Johns-Manville, color as selected by Owner. B. Adhesive; 3M brand CTA-11 adhesive. C. Moldings: Extruded aluminum moldings supplied by Johns-Manville. Provide cap moldings at tops and bottoms of sheets. Provide moldings at inside and outside corners and divider moldings. Moldings shall be color as selected by Owner. D. Fastenings: Cadmium plated screws. 9B- 4. RELATED WORK IN OTHER SECTIONS A. Carpentry & Framing, Division 6. B. Gypsum Board (backing) , Division 9. 9B- 5. SUBMITTALS A. Sample: Submit samples of materials specified in this Section for approval . B. Shop Drawings: Submit shop drawings of assemblies and components showing in detail methods of attachment, fabrication, jointing, thicknesses, sizes and colors. 9B- 6. PRODUCT HANDLING Deliver materials in manufacturers' standard packages, clearly labeled for contents. Store on site where directed, protected from weather and construc- tion activities. 9B- 7. EXECUTION A. Condition of Surfaces: 1. Inspect backing surface (gypsum board) before starting work. (Backing surface should be taped and mudded smooth) . Starting the work shall imply acceptance of backing and replacement of defective work shall be done at no additional cost to the Owner. 2. Examine substrates and adjoining construction, and conditions under which work will be installed. Do not proceed with work until unsat- isfactory conditions detrimental to proper and timely completion of work have been corrected. 01)9011 Cement Asbestos Board 9B - 1 J - B. Preparation 1. Verify dimensions before proceeding with work and obtain measurements at job site for work required to be accurately fitted to other con- struction. The Contractor shall be responsible for accuracy of such measurements and precise fitting and assembly of finished products. 2. Coordinate work with that of other trades affected by this instal- lation. Give particular attention to providing of wood grounds, naiiers and blocking so as not to delay job progress. 3. Surfaces to receive architectural panels shall be plumb,. true and properly spaced. C. Installation 1. All materials shall be applied in strict accordance with manufacturers instructions and recommendations. 2. Panels shall be installed with adhesive. Flood coat adhesive over entire surface of contact side. Provide temporary bracing until adhesive has set. 3. All edges, joints shall be true and plumb. Place joints in equal panels between wails. 4. Coordinate work with other trades affected by this installation. 5. Cut panels to sizes shown or required. Drill or punch in shop or field where required for nails, screws or other fasteners. 6. Where trim moldings are shown, secure molding to back in perfect alignment, true and level . Install panels with 1/8 inch clearance on all sides. 7. After installation, exposed surfaces shall be free from broken corners and surface defects. Conceal all edges. Replace all panels with surface defects. D. Cleaning: Clean face of panels where required with mild detergent. Clean moldings and battens from traces of mastic or sealant. 9B- 8. GUARANTEE Submit a guarantee in a form approved by the Owner, covering replacement or repair of architectural panels, covering the following conditions: 1. Panels shall be free from defects in materials with respect to structural integrity for the life of the structure. 2. Interior panels shall be non-fading for the life of the structure. Cement Asbestos Board 9B - 2 09291 i DIVISION 9 FINISHES SECTION 9C GYPSUM BOARD 9C- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 9C- 2. SCOPE Furnish all labor, material and services necessary to install Gypsum Wall- board as a finish surface for interior wood frame walls, ceilings and partitions. 9C- 3. RELATED WORK IN OTHER SECTIONS A. Wood framing, refer to Division 6. B. Painting, refer to Division 9. C. Exterior gypsum board sheathing, refer to Section 6A. 9C- 4. ENVIRONMENTAL CONDITIONS During the application of gypsum wallboard the temperature within the build- ing shall be maintained at a range of 55 to 70 degrees F. Adequate ventila- tion shall be provided to carry off the excess moisture. 9C- 5. REQUIREMENTS & REGULATORY AGENCIES A. ANSI Specification A-97.1 B. UBC Chapter 47 C. ICSO Research Recommendation No. 1602 D. USG Handbook of Drywall Construction 6th Edition 9C- 6. MATERIALS Materials and accessories specified in this Section of the Specifications shall be as manufactured by United States Gypsum Co. , or approved equal . Application of all materials shall be in accordance with manuf's instructions. A. Gypsum Board Materials: 1. Face Panels: Fire-Rated, USG Sheetrock SW Firecode Type 'X' . 2. Backing Board: Interior, USG Sheetrock Type 'X' Bax-Board. B. Metal Trim Accessories: 1. Corner Beads : USG #900, 1h" Expanded Metal Flanges. 2. Edge Trims : USG #200 Series, Electro-galvanized. 3. Control Joints : USG #093 Roll formed zinc, tape protected. C. Fasteners: Screws : USG Type 'W' , Bugle Head I4". D. Caulking & Insulation: Acoustical Tape: Lowery #10 1/8" 9C- 7. SYSTEMS DESCRIPTION Sheetrock gypsum panels, with finished Joints. Apply panels horizontally directly to wood framing. Installation shall be paint finish interior walls. Attach gypsum panels with screws 8" o.c. at edges and 12" o.c. maximum in field. Gypsum Board 9C - 1 9C- 8. INSTALLATION A. Gypsum Wallboard: 1. General Procedures: a. Use maximum board length possible to minimize end Joints. b. Begin attachment by driving fasteners in the center of the panel first and work toward the edges, holding the panel in firm contact with the framing. c. Drive Fasteners flush with the panel face without breaking the face paper. d. Drywall Screws to be applied with an electric screw gun. Drive screws not less than 3/8" from ends or edges of gypsum panels to provide uniform dimple not over 1/32 deep. e. All panel ends shall occur over framing members. f. Arrange joints on opposite side of partition to occur at different studs. g. Arrange direction of installation so that lead edges of panel are attached to the open end of the stud flange first. - h. Bring ends and edges into firm contact, but do not force. i. Cut and fit board around pipes and openings neatly. Knock outs will not be allowed. B. Metal Trim Application: 1. Control Joints: Shall be installed where the partitions abutt a structural element or dissimular wall surface, where construction changes plane, in partitions exceeding 30 feet in lenoth and where wings of L, U, and T shaped section of building join. 2. Corner Bead: Shall be installed on all external corners. 3. Trim Beads: Shall be installed at all terminations. of wallboard where a finish edge is required and at the edge of the wallboard as it terminates at the floor. 4. Corner beads and trim items shall be applied over the face of the wall board, in a straight true line and plane and stapled to the wall board through the flanges at 6" o.c. Flanges shall be covered and finished as specified in Section on Wallboard Joint Finishing. 9C- 9. FINISH TREATMENT A. Materials: Pre-fill material , joint reinforcement, embedding material , topping material , grout shall be as recommended by manufacturer. B. Execution: 1. Mixing: Joint Compounds shall be mixed as directed by the manu- facturers instructions. Caution should be used to prevent over mixing, or use of extremely cold water or compound. 2. Taping: All flat and interior angles shall be reinforced with PERF-A-TAPE Reinforcement. Joint compound shall be applied with a suitable tool in a thin uniform layer to all joint and angles to be reinforced. Reinforcement tape shall be applied immediately and centered over the joint and sealed into the compound. A skim coat shall be immediately applied following the tape embedment. Gypsum Board 9C - 2 3. Embedding: Taping Compound shall be applied over the embedding coat, filling the board tape flush with the surface. On joints with tape, the fill coat shall cover the tape and feather out at least 4" on either side of the tape. No fill coat is necessary on interior angles. 4. Topping: Topping Compound shall be spread evenly over and extended slightly beyond the fill coat on all joints and feathered to a smooth uniform finish. On tapered joints, the finish coat shall not protrude beyond the plane of the surface. All taped angles shall receive a finish coat to cover the tape and taping compound, providing a true angle. When necessary, sanding shall occur between coats and following the final application to provide a smooth surface to receive decoration. 5. Finishing of Fastener Depressions: Cover the fastener depressions with one coat .of taping compound and two coats of topping compound, leaving all depressions level with the plane of the surface. 6. Finishing Beads and Trims: Finish bead and trim flanges with two fill coats using taping grade compound and one finish coat using topping grade compound. Each coat shall be feathered from the ground of the trim to the plane of the surface. Sand as required to provide smooth surface, ready for painting. 7. Drying: In all application steps the coat shall be dry before the application of the next coat. 7 Gypsum Board 9C - 3 _.a DIVISION 9 FINISHES SECTION 9D PAINTING 9D- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. ' 9D- 2. SCOPE The work includes, but is not necessarily limited to, the furnishing of all materials and equipment and the completion of all painting and painters finish on all exposed exterior and interior surfaces as required to complete the finishing of the building as shown on the drawings and specified herein. In general the work includes the following: A. All interior and exterior finish woodwork. B. All exposed gypsum board. C. All exterior and interior exposed metal, including piping, mechanical and - electrical equipment, sheetmetal ducts, metal doors and frames D. Parking lot striping. E. Painted signs. F. Casework and shelving finishing. G. Furnishing of drop cloths, scaffolds, masking, etc., necessary to execute work under this contract or to protect work in this job. H. Samples of paint and stain colors and finishes. 9D- 3. RELATED FORK IN OTHER SECTIONS A. Shop painting of all structural steel, miscellaneous metals as refered to in Section 5A. B. Shop painting metal doors & frames, refer to Section 8B. C. Painting or priming of factory finished articles and equipment. 0. Painting or priming of Electrical or Mechanical equipment, refer to Divisions 15 and 16. E. Caulking, sealing, refer to respective Sections & Section 7E. F. Gypsum Board Taping and treatment, refer to Section 9C. 9D- 4. SURFACES NOT TO BE PAINTED A. All concrete work including floors, walks, curbs. B. Aluminum Sash and Door. C. Stucco Work. D. Laminated plastic surfaces. E. All non-ferrous metal surfaces. F. Pre-finished asbestos cement panels. G. All hardware. H. Plumbing fixtures and trim. I. Toilet compartments. 00298Painting 9D - 1 I a 9D- 5. PROTECTION The Painter shall protect the work of all other trades against damage or injury by his employees or by his materials, tools, or utensils used in connection with this contract. Any damage done by him shall be repaired at his own expense, without any additional compensation. 9D- 6. SAMPLES AND COLORS Samples, approximately 4" x 4" of all colors, stains or other finishes shall be submitted to the Owner for his approval prior to commencing work. They shall be submitted in sufficient time and quantities so as to not delay the progress and completion of the work in general . Additional samples shall be submitted, until in the opinion of the Owner, the desired finish is attained. 9D- 7. STORAGE OF MATERIAL Materials shall be stored at the site only where directed. Oily rags, waste and empty cans shall be removed from the site every night and shall under no circumstances be left in unventilated rooms or allowed to accumu- late. The Painter shall properly protect the premises by appropriate means. 9D- 8. WORKMANSHIP A. Workmanship throughout shall be of the best practice and strictly first class. All finish work shall be applied by none but skilled mechanics. B. All materials shall be evenly spread and flowed on woothly, and shall be free from runs, sags, and no paint,' stain, varnish or enamel shall be applied until preceding coat is thoroughly dry and hard. C. No exterior painting shall be done in rainy, damp or frosty weather or if the temperature is below 50 degrees F, or until the surface is thoroughly- dry. D. In general , unless otherwise specified or recommended, enamels and exterior oil paints shall be allowed to dry at least forty-eight (48) hours between coats and interior paints shall be allowed to dry at least twenty-four (24) hours between coats. E. All woodwork and metal surfaces shall be sanded lightly between coats with No. 2/0 sandpaper and dusted before succeeding coat is applied to produce an even smooth surface. F. All damaged work or defective work shall be repainted as directed by the Owner. No patching will be permitted. G. Each coat of paint shall be of slightly different tone from preceding coat to prevent skipping. H. Prime gypsum board to prevent flatting of finished coats. I. Tops, bottoms and edges of all doors shall be treated same as facing surfaces, after fitting. 00299 Painting 9D - 2 i J. All adjacent surfaces, fixtures and materials shall be protected. K. Do not reduce paints or apply paint materials except as herein specified or as recommended by manufacturer. L. Where coverage is incomplete or not uniform in the opinion of the Owner, an additional coat shall be applied at no extra cost to the Owner. M. Paint all exposed surfaces of every member. Where surfaces are inaccess- able after installation, paint before installation. N. Finish hardware shall be removed before painting adjoining surfaces. 0. All exterior finish woodwork shall be primed on all surfaces after cutting and before installation. P. Do not paint over Underwriters Labels, or fusible links. Q. No spray painting will be allowed, unless given permission by Owner. 9D- 9. PREPARATION OF SURFACES A. All surfaces to be painted shall be examined by the Painter and any sur- face after sanding, still unsuitable for painting, shall be called to the attention of the Owner for proper adjustments and Painter shall not paint thereon until the surface is rendered suitable and when directed by the Owner to proceed. B. All sappy spots or knots shall be given one coat of shellac at least ten (10) hours before painting. Repeat if necessary. C: Puttying of all nail holes, cracks, and blemishes shall be done after priming coats have become hard and dry and before second coat is applied. The putty shall match the color of the finish coat. D. All greasy or oily surfaces shall be cleaned with turpentine or benzine before painting. All scale or rusts shall be removed by scraping, wire brushing or sandblasting. E. All wood surfaces to receive finish shall be sanded smooth and brushed free of dust and dirt before applying paint or stains. Remove all mildew or grade stamps from wood surfaces to be stained. F. Field bolts and rivets, abrasions to the shop coat, and other surfaces where paint has been scuffed off shall be spot painted with the material used for shop coat or its equivalent and all objectionable foreign matter shall be removed before general field painting. G. All materials to receive paint shall be thoroughly dry. H. Metal Surfaces: Clean free of dirt, oil , grease, rust, scale and other foreign matter, using wire brushes, sand paper, where necessary, Wash both galvanized and ungalvanized metal with benzine and wipe dry. .(cont.) 00300 Painting 90 - 3 I H. Metal Surfaces: (continued) Galvanized sheetmetal flashings, louvers, etc., shall be prime coated upon delivery to the job before installation. Damaged shop coats shall be spot painted before application of finish coats. I. Redwood Trim: sand smooth with fine paper (except re-sawn surfaces). Prime all surfaces before installation and after curing. Putty all nail holes with tinted filler after priming and installing and before finish coat. J. All interior finish and trim which will be in contact with plaster sur- faces shall be back primed before placing. 9D-10. MATERIALS A. General: All materials shall be delivered to the job in the manufacturers original containers with labels intact and seals unbroken. All colors used shall be selected for their permanence and non-fading qualities. _ Paint shall be plant mixed. B. Materials: Paint and finish materials shall be as manufactured by Fuller Paints, Pratt & Lambert Inc. , Glidden Paint Co. , Olympic Paint Co, or approved equals. Materials shall be highest quality. 1. Redwood Filler (Nail Holes): DAP colored putty, Cabots Redwood Putty as manuf. by Samuel Cabots Co. , or approved equal . Filler shall be tinted to match finished redwood. Apply according to manufacturers recommendations. Information regarding these materials may be obtained through the Calif. Redwood Assoc., San Francisco. 2. Redwood Finish Exterior: "Pentaseal" as manuf. by Zehrung Chemical Co., "Woodlife" as manuf. by Protection Products Mfg. Co. Information re- garding these materials may be obtained through Calif. Redwood Assoc., San Francisco. 3. For additional material descriptions, refer to the "Painting Schedule" 9D-11. 4. The Owner reserves the right to take a representative sample of any paint material brought to the job and have it tested by an approved testing laboratory to verify the material or coverage conforms to these specifications. Cost of the test shall be paid for by the Owner, however, if the test fails, the Contractor shall assume all expense relating to the test. 9D-11. PAINTING SCHEDULE A. The following paint finishes are taken from Fuller Paint Co. Specifica- tion October 1972, unless indicated otherwise. I. Painting Schedule Exterior: a. Redwood Trim and Plywood: 2 - coats: Redwood Finish Exterior, "Pentaseal " or "Woodlife" Painting 9D - 4 { z 00301 1. Painting Schedule Exterior: (continued) b. Woodwork (other than redwood) stained (including Douglas Fir joists, trim, roof deck, structural members). 2-coats: 645-XX Ful-Stain semi-transparent stain c. Metal , ferrous: 1-coat: 121-oo "Chex-rust" 2-coats: 262-XX Flat Acrylic Paint d. Metal, galvanized or zinc alloy: Preparation: Wash with "Galvanprime", distributed by Fuller Paint. 1-coat: 221-12 Zinc Dust, Zinc Oxide 2-coats: 262-XX Flat Acrylic 2. Painting Schedule, Interior: a. Woodwork, (stained) Cabinet Work, Doors, Trim throughout: 1st coat: 640-XX Oil Stain 2nd coat: 650-00 Varnish Gloss 3rd coat: 650-01 Satin Varnish b. Woodwork, painted lst coat: 220-07 (enamel undercoater) 2nd coat: mixture undercoater and finish 3rd coat: 213-XX alkyd semi-gloss enamel c. Metal, ferrous: 1st coat: 121-00 "Chex-Rust" metal primer, omit if shop primed. 2-coats 112-XX heavy duty enamel d. Gypsum Wallboard (All areas except rest rooms). 1st coat: 220-22 P.V.A. Sealer 2nd coat: 220-06 Wall Primer Sealer 3rd coat: 219-12 Eggshell Stipple e. Redwood, solid stock and plywood: 2-coats 159-00 Clear Latex, Redwood Finish Interior f. Gypsum Wali board (Restrooms): 1st coat: 220-22 P.V.A. Sealer 2nd coat: 220-06 Wall primer sealer 3rd coat: 219-00 Semi-gloss Stipple g. Cabinet Shelving: Same as for Wood (stained) specification above. h. Cabinet Interiors: 1-coat 222-01 Lacquer Sanding Sealer '` �f 00302 Painting 9D - 5 9D-12. MISCELLANEOUS PAINTING WORK A. Asphalt Parking area and drive paint shall be Fuller Paint Co. 382-06 white Traffic line paint, 1-coat, and shall include the following: 1. Parking stall striping with 4" stripes. 2. Handicapped sign at parking stall shall read "Handicapped Parking Only". Sign shall be parallel to curb and 2' out from curb. Center on stall . Letters to be 6" high. B. Visible exposed surfaces of equipment, electric panels, conduits, ducts, pipe, grilles, registers, and similar items shall be finished to match adjacent wall or ceiling surfaces or as directed. Visible inside surfaces of ducts, grilles, registers, vents, etc. , shall be painted flat black. C. Painted signs: size, text, and layout as directed or indicated. Employ skilled sign painters for this work. D. Any surface not specifically mentioned which, in the opinion of the Owner, requires painting, shall be finished as specified for the par- ticular material in question. 9D-13. CLEANUP Upon completion, clean paint spots from floors, walls, ceiling, glass, hardware, and remove all surplus materials and rubbish leaving premises in clean orderly condition. 9D-14. GUARANTEE The Contractor shall guarantee all painting included under this section to be free from defects, and agrees to replace or repair, at his expense and at any time during two years from date of acceptance, and all painting that may be found to be defective due to surface conditions, materials, or appli- cation. O0303 Painting 9D - 6 i DIVISION 9 FINISHES SECTION 9E RUBBER BASE 9E- I. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 9E- 2. SCOPE The work includes, but is not necessarily limited to furnishing and instal- ling all top set base material as shown and noted on the drawings and specified herein. 9E- 3. MATERIALS A. Rubber Base, Burke, 4" top-set cove, selected by Owner. B. Adhesive, as recommended by rubber base manufacturer. 9E- 4. INSTALLATION A. Inspect backing before starting work. Starting work shall imply accep- tance of backing and replacement of defective work shall be done at no additional cost to the Owner. B. Install all materials in strict accordance with manufacturers instructions and recommended practices. Short pieces will not be allowed. O( Rubber Base 9E - 1 i DIVISION 9 FINISHES SECTION 9F WALL COVERING (TACK BOARDS) 9F- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 9F- 2. SCOPE Includes all labor, materials, equipment and services required to perform all operations in connection with the installation of tack board where scheduled, complete in strict accordance with this section of the specifi- cations and as noted on the drawings. 9F- 3. MATERIALS Tack board: Soft board panels faced with vinyl plastic sheet. 1. Soft board panels: #22 white faced building board, 1/2" x 4' x 8' panels as manufactured by Celotex Corp., with maximum flame spread rating of 75 (class 11). 1 2. Vinyl Plastic Sheet: Burlap pattern, 28 oz/lin. yard, as manufactured by Genon, with max. flame spread rating of 25. Color as selected by Owner. 3. Adhesive: as recommended by manufacturer. 9F- 4. INSTALLATION 1. Vinyl plastic sheet shall be bonded to soft board panels under pressure on all exposed surfaces and all edges not covered by trim. 2. Adhere panels to gypsum board walls with Miracle Adhesive or approved equal . Apply adhesive to entire contact surface, and apply as recom- mended by manufacturer. 3. Panels shall run full height (no horizontal joints) vertical edges shall be located as directed by Owner. 90305 Wall Covering (Tack Boards) 9F - 1 DIVISION 9 FINISHES SECTION 9G QUARRY TILE 9G- 1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 9G- 2. SCOPE Includes all labor, materials, equipment and services required to perform all operations in connection with the installation of Quarry tile floor and base including the provision and installation of metal lath and mortar bed, com- plete in strict accordance with this section of the Specifications and the applicable drawings. 9G- 3. RELATED WORK IN OTHER SECTIONS A. Lathing & Plastering, refer to Section 9A. B. Gypsum Board, refer to Section 9C. C. Toilet Compartments (anchoring compartment doors to Quarry tile) , Section 10A. D. Plumbing Work, refer to DIVISION 15. E. Toilet Room Accessories, refer to Section IOB. 9G- 4. SUBMITTALS A. Furnish Master Grade Certificate signed by both the manufacturer and tile subcontractor. B. Submit one sample the for each color, pattern and type to be used. C. Submit tile manufacturer's maintenance guides for owner's use in main- taining all quarry tile floor here specified. 9G- 5. PRODUCT HANDLING A. Deliver all products to job site in manufacturer's unopened, original containers with standard grade markings intact. 9G- 6. ENVIRONMENTAL CONDITIONS A. Maintain temperature at 50 degrees F. minimum during tilework and for 7 days after completion. B. Be sure temporary heaters vent to outside to eliminate possible carbon dioxide damage to new tilework. 9G- 7. EXTRA STOCK A. Supply extra 2% of total quantity of each tile used. Place in clean marked cartons for owner's emergency use. 9G- 8. QUARRY TILE A. Quarry tile shall be 6" x 6" x 1/2" with base 5" high x 6" x 1/2". All tile shall be Murray Quarry Tile, from American Olean Tile Co. (or approved equal) color as selected by Owner. B. Furnish only standard grade conforming to TCA 137.1-1976. C. Quarry tile trim. 1. Furnish size, color and shade to match floor tile. 2. Use round top rove throughout. s 000DV Quarry Tile 9G - 1 9G- 9. SETTING MATERIALS A. Portland Cement: ASTM C150 Type I. B. Hydrated Lime: ASTM C-206 or C-207 Type S. C. Sand: ASTM C-144. D. .Water: Clean and drinkable. E. Shrinkage Mesh: ANSI A50.3 2" x 2", '16/16 F. Membrane 1. Building Felt: ANSI A109.2 or .3. 2. Asphalt Paper: Federal Specification UU-P-264, duplex. 3. Polyethylene: ANSI A37.77, 4 mil . for wall use, 10 mil . for floor use. G. Grout Color: Conrad Sovig, color as selected by Owner. 9G-10. GROUTING MATERIALS A. Commercial, gray, sanded portland cement type, L & M Acid-R or Upco Hydroment. 9G-11. PROTECTIVE MATERIALS A. Neutral cleaner such as American Olean General Purpose Cleaner or Hillyard Super Shine-All . B. Heavy-duty, non-staining construction paper with compatible masking tape. 9G-12. INSTALLATION A. Acceptability of Surfaces 1. Maximum variation in the slab shall not exceed 1/4" in 101- 0" from the required plane. Report all unacceptable surfaces to the Owner and do not tile such surfaces until they are level enough to meet above requirement. 2. Before tiling, be sure surfaces to be tiled are free from coatings, curing membranes, oil, grease, wax and dust. B. Layout 1. Determine locations of all movement joints before starting tilework. 2. Lay out all tilework so as to minimize cuts less than one half tile in size. 3. Locate cuts so as to be least conspicuous. 4. Align all floor joints to give straight uniform grout lines, parallel with walls. C. Workmanship 1. Supply first-class workmanship in all tilework. 2. Use all products in strict accordance with recommendations and directions of manufacturers. 00301 '` Quarry Tile 9G - 2 3. Proportion all mixes in accordance with latest ANSI Standard Speci- fications. 4. Be sure all tilework is clean of grout film upon completion. 9G-13. INSTALLATION SPECIFICATIONS, REFERENCES & STANDARDS: A. Quarry tile and paver tile ANSI A108.3-1967. B. Tile Council of America "Handbook for Ceramic Tile Installations, 1977." 9G-14. CLEANING A. Clean tile surface as thoroughly as possible on completion of grouting. B. Remove all grout haze, observing tile manufacturer's recommendations as to use of acid and chemical cleaners. C. Rinse tilework thoroughly with clean water before and after using chemical cleaners. 9G-15. PROTECTION FROM CONSTRUCTION DIRT A. Cover all quarry floors with heavy-duty, non-staining construction paper masked in place. B. Just before final acceptance of tilework remove paper and rinse protec- tive coat of neutral cleaner from all tile surfaces. 9G-16. PROTECTION FROM TRAFFIC A. Prohibit all foot and wheel traffic from using newly tiled floors for at least 3 days, preferably 7 days. B. Where use of newly tiled floor is unavoidable use large, flat boards for walkways for 7 days. Quarry Tile 9G - 3 i DIVISION 10 SPECIALTIES SECTION IOA TOILET COMPARTMENTS 10A-1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 10A-2. SCOPE The work includes all materials, labor and services necessary to provide and install all toilet compartments and hardware. 10A-3. RELATED WORK IN OTHER SECTIONS A. Quarry Tile, refer to Section 9G. B. Cement Asbestos Board Wainscot, Section 96. C. Painting, refer to Section 9D. D. Building Specialties, refer to Section .IOB. IDA-4. MATERIALS A. Toilet compartments and compartment accessories shall be as manufactured by Sanymetal Products Co., or approved equal . Compartments shall be head-rail , pilaster type, Refer to Interior Elevations. 1. Doors, partitions and pilasters shall be laminated plastic, flush construction. Laminated plastic shall be Formica, color and pattern as selected by Owner. 2. Shoes shall be one-piece stainless steel . 3. Provide all accessories required for a complete installation including concealed latches, flush hinge assemblies, rubber tipped door keepers and stops. Provide concealed power bearing door returns. Accessories shall be theft-proof mounted. Provide a coat hook on the back of each door. IOAc5._SHOP_DRAWINGS Provide shop drawings of all work in this section for approval before pro- ceeding with fabrication. IOA-6. INSTALLATION A. This Contractor shall visit the installation to familiarize himself with its construction. B. Verify all measurements at site and consult with contractors of adjoining work. Contractor responsible for proper working out of installation de- tails. Securely anchor to floor and walls to provide strong and rigid installation. Use toggle bolts, expansion shields and screws or bolts, or patented metal attachments as required. No wood plugs allowed. Where installed over Quarry Tile, secure fasteners in base slab, not in Quarry Tile finish. Driii all holes in floor slabs and wainscots with electric drill . Installation shall be by manufacturers representative. C. Furnish the General Contractor with dimensions and details for the installation of 2" thick wood backing during rough framing for partition supports and anchors. 00309 Toilet Compartments 10A - 1 DIVISION 10 SPECIALTIES SECTION 10B BUILDING SPECIALTIES 1OB-1. GENERAL The General Conditions and General Requirements are part of this Section of the Specifications and apply to this Section as fully as if repeated herein. 1OB-2. SCOPE The work includes furnishing and delivering, but not installing (except for items specifically mentioned to be installed under other sections) , all building specialty items as shown on the drawings and specified herein. 1OB-3. RELATED WORK IN OTHER SECTIONS A. Backing and Blocking, refer to Division 6. B. Installation of specialty items referred to in Section 68. 1OB-4. TEMPLATES AND INSTALLATION INSTRUCTIONS Provide complete information, diagrams, templates, and installation instructions as required for all items provided hereunder, and in sufficient time so that all backing and framing can be properly in- stalled and so that work of other trades will not be delayed. 10B-5. FASTENINGS Fasten all items, to be fastened, with screws or bolts extending at least one inch into solid back if no other fastening is specified. Furnish all units of building specialties with all required mounting hardware. 1OB-6. KITCHENETTE EQUIPMENT A. Sinks: as specified under "Plumbing". B. Stainless Steel : as specified under "Sheetmetal" Sec. 7B. C. Counter Lights: as specified under "Electrical". D. Refrigerator: Built-in, undercounter model #249R as manufactured by Sub- Zero Freezer Co. , Inc. Refrigerator shall be manual defroster with full width freezer compartment, 2 ice cube trays, adjustable shelves, door storage and adjustable temperature control . Provide stainless steel door front. Furnish Owner with manufacturers warranty and guaranty. E. Range tops: Built-in, electric model #ST2 as manufactured by Thermador. Finish to be Stainless steel . Furnish Owner with manufacturers warranty and guaranty. F. 1-Towel Dispenser, chrome plated, Crown No. 102 (11-7/8" x 7V" x 6") for single fold paper towel . 1OB-7. MAIL SLOT Provide mail slot assembly as manufactured by Baldwin Co. Provide letter box plate No. 0012 (Bronze finish US10), aluminum box sleeve No. 0052, include all accessories for complete installation. Locate where shown on Drawings. i 0031 0 Building Specialties 10B - 1 i 1OB-8. GRAB BARS Grab bars located in toilet compartments shall be stainless steel grab bars No. HCP-48, as manufactured by Tubular Specialties, Los Angeles, California. Grab bars shall meet all local and state regulations and specifications for items required for the handicapped. Provide all grab bars (2 each stall), back plate assemblies,=screws, templates,"etc., as required for a complete secure assembly. Submit details to General Contractor during rough framing to locate 2" wood backing. 1OB-9. TOILET ROOM ACCESSORIES A. Provide each of the new Toilet Rooms with the following accessories (or approved equals) which shall be installed under Section:.68: 1 - Paper holder, chrome plated, Crown No. 702. 1 - Combination recessed towel dispenser and waste-receptacle, Bobrick No. B-369 (for 4" wall), stainless steel , for 350 C-fold paper towels. 1 - Seat cover dispenser, chrome plated, Protecto 1 - Mirror, combination mirror and shelf, Hall Mack No. M-1825SS. B. Provide l - recessed, stainless steel , key operated combination feminine napkin tampon vender and disposal , Bobrick Washroom Equipment Model No. B-3507 equipped with free, 5t, 10t or 25t coin mechanism, to be installed under Section 68. Install in Womens Rest Room where shown on Drawings. . C. Robe Hooks: Provide 4 - Bobrick Washroom Equipment Co. stainless steel robe hooks No. B-6717. Building Specialties 10B - 2 ;4r7 .3'... ..-:.... .. ..� FT- tg DIVISION 12 FURNISHINGS SECTION 12A CARPETING 12A-1. GENERAL The General Conditions and General Requirements are part of this Section and apply to this Section as fully as if repeated herein. 12A-2. SCOPE The work includes, but is not necessarily limited to, the furnishing and installing of all carpeting scheduled on the Drawings and specified herein. 12A-3. RELATED WORK IN OTHER SECTIONS A. Concrete slab, refer to Division 3. 12A-4. PREPARATION OF SUBFLOORS A. Contractor shall thoroughly inspect concrete slab subfloors and any defects beyond the ability of Contractor to remedy shall be brought to the attention of the Architect for correction. Subfloors shall be thoroughly cleaned before carpeting is laid. Subfloors shall be. level and plumb and present a firm bearing throughout. 12A-5. SAMPLES Submit samples of the carpeting to the Architect for approval . No carpeting shall be purchased until the Architect has approved the samples. 12A-6. MATERIALS A. All materials and accessories specified herein shall be as manufactured by Burke Carpet Mills, or approved equal . Application of all materials shall be in accordance with manufacturers recommendations. Color and pattern shall be as selected by the Architect (refer to. "Samples" above) . Carpeting shall conform to the following requirements and specifications: Style: "Sierra" Pile Yarn: 100% Antron II Provide Antron III Static Control added to control static to 2500 KVA at 20% R H - 70 degrees F. Face Weight 28 oz. Number Series 32200 Gauge 5/64 Stitches per Inch 13 Pile Height 5/32 Yarn Density 6221 Weight Density Factor 167,967 Primary Back and Secondary Back Polypropylene F r $ " ' 12A CARPETING 1 12A-7. INSTALLATION A. Carpet furnished hereunder shall be one factory run and one'dye'lot with color and shades guaranteed to be uniform throughout the-entire, . area run. B. Contractor shall take all measurements, be responsible for. their accuracy, and determine all quantities of materials required`. C. All seams throughout this carpet work shall be fitted and joined. No patching or small pieces will be permitted. Carpeting shall be cut and fitted tightly to wall, obstructions, corners, pipes, and fittings. Edges shall be buttered with proper adhesive. _ D. All carpeting for floors and base shall be installed with Burke BR530 carpet adhesive as recommended by the manufacturer. E. Carpeting shall be installed using maximum practicable widths to mini- _ mize number of seams. Diagram showing placement of all. seams shall be submitted to the Architect for approval . F. Carpeting shall be tight, smooth, 'and perfect at completion of installation. 12A-8. ADDITIONAL MATERIAL A. Provide ten additional yards of each carpet type for future carpet repair. 09313 12A CARPETING 2 �� f ' DIVISION 15 MECHANICAL SECTION 15A PLUMBING 15A-1. GENERAL The General Conditions and Special Conditions are a part of this work as fully as if repeated herein. 15A-2. SCOPE A. Furnish all labor, materials, apparatus, tools, equip- ment, and special or occasional services as required to complete a working installation of all plumbing systems shown on the drawings and/or specified herein. The work shall include all necessary materials, appliances and apparatus not specifically mentioned - herein or noted on the drawings as being furnished or installed under another section. The general extent of the plumbing work shall include; 1. Piping for water including connections to existing supply line, gas, sanitary sewer, waste and vents. 2. Gas connections to heating apparatus. 3. - Plumbing fixtures, water heater and connections to fixtures, including valves, traps and rough-ins. 4. All sleeves, chases, holes in roof, under sidewalks (for future irrigation piping) , walls and floor for plumbing items as required. 5. Trenching and backfilling for plumbing work. 6. Domestic hot water system. (including water heater) 7. Cutting, patching, excavation and backfilling necessary to carry out plumbing work. 8. Condensate drains from AC unit. B. Related Work in Other Sections: 1. Painting other than prime coats. 2. Electrical line voltage wiring and connection to equipment. Headquarters Building Plumbing 15A-1 00314' '. t C. Permits and Fees: County will secure and pay for all permits, fees and inspections necessary for the prosecution and completion of the work. Contractor is responsible for business license. County will pay any and all utility company fees and charges. Provide properly signed "Certificate of Inspection"before work is accepted. D. Visit to Site: Visit the project site, take necessary measurements, and verify exact location of buildings, utilities,- and other facilities, and obtain such other information as is necessary for an intelligent bid. No allowance will subsequently be made by the Architect or Owner for any error or omission on the part of the bidder in this connection. E. Supervision: Contractor shall personally, or through an authorized and competent representative, constantly supervise the work from beginning to completion and, within reason, keep the same workmen and foreman on the project throughout the project duration. All work is subject to inspection by the Architect. Furnish promptly any information requested during inspection. F. Pipe Spaces: Keep all work within the spaces provided in the building design. All piping shall be concealed in finished spaces and exposed in apparatus repair areas: Should other openings or spaces be found necessary, no- tify the Architect in time to prevent unnecessary cutting. G. Drawings and Specifications: The drawings are diagrammatic and indicate the general arrangement of the plumbing and piping size requirements. No pipe shall be less than the minimum required by good practice. Where larger sizes or higher standards are required herein, on the Drawings, or by Code, the more strict requirement shall be furnished. Should field conditions or other causes necessitate rearrange- ment of plumbing or piping, the proposed arrangement shall be approved by the Architect before work is started. Report all observed discrepancies to the Architect before proceeding. Headquarters Buildings Plumbing 19--2 Y ; ' 00315 These specifications are intended to cover all labor, material, and standards of workmanship to be employed in the work covered by this section. The drawings and -specifications are intended to supplement each other and all work or materials not specifically mentioned, but necessary for completion of this work shall be furnished by the Contractor. H. Codes and Regulations: All work and materials shall be in accordance with the latest rules and regulations of the Uniform Plumbing Code, Uniform Mechanical Code, the National Fire Protection Association, all local state ordinances, and all regulations pertaining to the adequate protection and guarding of any moving parts or hazardous items. Nothing in these plans or specifications shall be construed as to permit work not conforming to these codes. Rulings and interpretations of the agencies having jurisdication shall be considered part of the codes and regulations if commonly known to the trade prior to the submittal of bids. Whenever the drawings and specifications require higher standards than are required by the regulations, the drawings and specifications shall apply. Whenever the drawings and specifications require something that would violate the regulations, the regulations shall apply. No extra charge will be paid for furnishing items required by the regulations, but not specified or shown on drawings. I. Materials and Submittals: Within 35 days after the award of the contract, three copies of a complete submittal, consisting of catalog cuts, data and brochures of materials and equipment proposed for use shall be deposited with the Architect for approval. Where materials or equipment are variance with the plans or specifications, the Contractor shall assume full responsibility for the function and conformity to the. space requirements as well as the coordination of all other trades whose work is affected by t;^.e change or substitution. The Architect's approval of such material or shop drawings shall not relieve the Contractor from the responsibility for deviations from the drawings or specifications. All submittals shall include operating instructions and complete parts lists. This will be the basis of approval. Headquarters Building Plumbing 15A-3 r 09316 J. Substitutions: It is the intent of these specifications to establish quality standards of materials and equipment installed. Hence, specificitems are identified by manufacturer, trade name or catalog designation. Should the contractor propose to furnish materials and equipment other than those specified,. _as permitted in the "or approved equal" clauses, he shall submit a writ- ten request for any or all substitutions to the Architect. Such a request shall be an alternate -to- the original bid; shall be accompanied with complete descriptive (manufacturer, brand name, catalog number, etc. ) and technical data for all items. Where such subsitutions alter the design or space requirements indicated on the plans, the contractor shall include all items of cost for the revised design and construction including cost of all allied trades involved. K. Tests and Inspections: Pipe lines shall be completed and all -permanent pipe fittings installed before final tests. 1 . Work shall not be covered up or enclosed until it has been inspected, tested and approved by the plumbing inspector and other goverrmiental authorities having jurisdiction. Should any of- his work be enclosed before such inspection and tests, the Contractor shall uncover the work, and, after it has been tested, inspected and approved, restore his work and that if other Contractors to its original condition at no expense to ther-Owner. 2. All drainage system and gas piping__shall be tested as set forth in the local plumbing and gas piping ordinance. 3. All test pressure shall be held for not less than _ two hours without additional pumping. 4. Flush valves, faucet stops, drinking fountains, etc. , shall be adjusted to their normal working condition. 5. The Contractor shall furnish all labor and materials required for making the tests. Headquarters Building Plumbing 15A-4 �. . } 0931'1 L. The Contractor shall guarantee all materials, equipment, and workmanship furnished by him to be free of all defects and shall agree to replace at his own expense, at any time within (1 ) year after the installation is accepted by the Architect any and all defective parts that may be found. 15A-3. Materials Materials shall be clearly marked or stamped with manufac- turer' s stamp and rating, and shall be of domestic manufacture. All ASA and. ASTM d-esignations shall be as set forth in the herinabove mentioned plumbing and gas piping ordinances. A. Pi-pe- and -Fittings: Underground soil, waste, vent, shall be standard weight cast iron soil pipe and fittings. No hub pipe and fittings are not acceptable. Joints to be Lead and Oakum or Ty-seal compression gaskets. Aboveground soil, waste drain, and vent lines 4" and larger shall be standard weight cast iron soil pipe and fittings, and 2" and larger may be the same at the option of the Contractor. Lead and Oakum joints. Aboveground waste, vent and drain lines under 2" and up through 3" at the option_ of the Contractor shall be galvanized steel pipe with threaded cast iron drainage fittings. Al the option of the Contractor all soil, waste, and vent piping aboveground may be Type - "M" copper drainage tubing with copper solder joint fittings. Gas Piping shall be Schedule 40 galvanized steel pipe with 150 lb. MI. screwed, banded fittings. Under- ground portions of lines shall be coated and wrapped with polyethylene. Hot and cold water piping: Shall be Type L copper tubing, hard drawn, with wrought copper -solder joint fittings. 95-5 solder joints. Sanitary sewer building drain from a point 3 feet from building line to connection with sewer main shall be as specified for soil pipe or may be vitrified clay sewer pipe ASTM-C-200 with factory applied flexible compression joints, if approved by local authoritiies. Headquarters Building Plumbing 15A-5 .x ' 00318 Underground cold water piping from the new 1 " water meter to building shall be type K copper with wrought copper fittings, wrapped in two -layers of 0. 02 inch thick polyvinyl adhesive tape 3-M #50 or equal. B. Valves and Specialties: Crane or Jenkins. Number cited are Crane Co. unless otherwise noted. Gate valves: Shall be brass body wedge disc screwed or solder joint non-rising stem, 150- 1b. working pressure with wheel handle, screwed or solder joint ends, No. 438 or 1320 equal. Check valves: Shall be brass body swing check, 150 lb. working pressure screwed or solder joint ends, No. 34 or 1303 or equal. Interior hose bibbs: Shall be Chicago No. 293 or equal polish chrome plated 2" single faucet with tee handle adjustable threaded flange, and hose end, chrome plated. Exterior hose bibbs: Shall be Chicago No. 387 or equal Crane rough brass 3/4" loose key sill faucets or approved equal and installed where shown. . Gas Valves: Gas appliance stop: 1 " and smaller shall be brass with lever handle, No. 298 or approved equal. Gas shut-off valve: 14" and larger shall be square head with check brass cock, 125 lbs. No. 254 or approved equal. - Supply wrench. Relief valves: Water heater temperature-$ressure relief valve shall be set at 125 psi, 210 F; Watts N40L or equal. C. Hanpers and Supports: Shall be standard products or a type suited for the service conditions required, Superstrut, Grinnell, or approved equal. Screws or bolts shall be used in wood construction, plumbers tape is not allowed. Headquarters Building Plumbing 15A-6 00319 - D. Drains: Wade, Smith, or Josam. Numbers cited are Wade. Floor drains: 1 . Toilet rooms: (FD) W-11020) cast-iron floor drain with double drainage flange. Where membrane waterproofing is used provide with flashing clamp. Adjustable 5" x 5" nickel brass strainer, set square with walls or the pattern. 2. Trap primers: Precision plumbing products install on all floor drains. 3. For roof drains see page 15A-13 E. Cleanouts: Shall be standard products of a type and size suitable for the use intended and shall be the approved equal of those specified. Plugs shall be brags with cast iron body ferrule for C.I. pipe. Shall be Wade, Smith or Josam. Number cited are Wade. Floor cleanouts: W-8140 with nickel bronze floor plates. Grade cleanouts: W-8130Z, cast iron body, same size as line served. Set flush in finish pavement flush with grade. With 24" x 24" X 6" coni collar. F. Sleeves and Wall Plates: Vents and Stacks through roof: Shall be flashed with Semco, type 1100A. for plumbing vents, galvanized. Pipe through interior walls and ceilings: Shall be pro- vided with wall and ceiling plates, Crane Styple BC or equal. Plates in finished rooms shall be chrome plated. Pipe under or through footings: Shall be provided with 18 gauge iron sleeves, cast in concrete, two diameters larger than the pipe and the annular space filled with mastic or plastic bituminous cement blended with asbestos fiver. G. Hot Water Pining Insulation: Gustin Bacon or Fiberglas. Numbers cited are Gustin Bacon. "Sna or_" or approved equal sectional pipe covering, 3/4" thickness with standard factory attached canvas pasted smoothly over insulation and two metal bands at each 3' section. Fittings shall be insulated with equivalent thickness insulation and jacket. z ;s 00320 Headquarters Building Plumbing 15A - 7 i H. Access Doors: Provide for valves and other concealed equipment complete with frames. Doors shall be Milcor or Miami Carey steel doors and shall be fire-rated where required by local code. Submit catalog numbers, sizes, and types of finish of all doors to Architect for approval. I. Shock Absorbers: Wade Shockstops or equal Smith where called for on drawings, W5 for 3/4" pipe and smaller, W10 for 1" and W20 for 1g" pipe and larger. J. Hot Water Heater: National Steel Co. or equal A. 0. Smith U.L. approved _ with glass lined tank, storage capacity and ratings as noted on the drawings. Unit shall be complete with the following: 1. Temperature and pressure relief valve in hot water supply with discharge piped to exterior of building and terminated per the requirements of the U.P. C. 2. Gate valve in cod water supply. K. Flues: Shall be Metal-Bestos type "B" or approved equal with Belmont flue cap. L. Brooks 3 RT or equal Christy Concrete Products, complete with cover and required extensions. Index all covers "Gas" or "Water" as required for service use. M. Flashing: All pipe passingthrough the roof shall be flashed and counterflashed with 41b. sheet lead. Flashing shall extend a minimum of 8 inches around the base and counterflashing shall be made watertight or the approval of the Owner's Representative. Seamless lead flashings SEMCO series 1100 or equal shall be used. Furnish flashing for setting under roofing section. N. Pipe and Valve Identification: All valves and exposed piping through the building shall be identified and numbered with brass tags having full lettering, hung from pipes with jack chain with brass bands and spaced not more tha 15 ft. on centers. Each pipe in each individual room shall bear at least on tag. Tags". Headquarters Building 5;.f r. ;; a 01)321 Plumbing 15A-8 v' e .. ,,t ,, fi..gA,.. .m.�`.a ..:::�.- .,E!a;_`k`• `:x`:45�.T .k� 3.s.a. ,:rk�:� s , �+:_.fsa...:.a«•.. - shall be 18 ga. metal 12" high. A valve schedule shall be posted under glass in Mechanical Room and shall be numbered showing service and whether N.O. or N.C. 0. Plumbing Fixtures: 1 . Installation: The Contractor shall install all plumbing fixtures and trim as shown on the plans and as herein specified. Rough-in for all fixtures shall be exactly to measurements furnished by fixture manufacturer. Each fixture installed under this work shall be fitted with compression stops on cold and hot water supplies unless integral stops on faucets or _ gate valves are specified. Plumbing fixtures shall be lined up accurately and shall fit tight against the floor and/or wall and set at right angles thereto. All wall mounted units shall be supported securely and anchored to wall securely bolted to backing; backing material shall not be less than 2" x 8" material .of length required. All floor mounted fixtures shall be provided with brass floor flanges. The wall plates on all pipes at fixtures shall be furnished with the fixture and shall be large enough to cover the annular wall opening around pipe. All exposed metal parts shall be chromium plated. Traps shall be provided for each fixture, including floor drains. All venting of plumbing fixtures shall be as required by the Contra Costa Plumbing codes and as indicated on the drawings. Each fixture to be seperately trapped. Install Shock Absorbers on the cold and- hot water supplies in the vicinity of the toilet rooms. Unit shall be "Wade Shokstop" or equal sized per the Plumbing and Drainage Institute Recommendations. Water closets shall be set with a felt seal. Headquarters Building plumbing 15A-9 a -. 00322 r .aazxbp"i. .,." t..r.� .. �'w, :.x. ti.. :'s:z::;•w ..e `�. -:.'Yt a'."t„- ..a... ..::,�.,'4 w',SYr. keE 0.:^ti-s. '+.�,- �,+u. 2. Fixture List: Plumbing fixtures shall be as scheduled below, and shall be complete with all accessories required for a complete installation. Fixture and trim numbers indicated represent a type and quality only. Substitution of equal or greater quality may be permitted in accordance with the requirements of the general conditions. P-1 Water Closet: American Standard "Madera" 2222. 016 white. Seat Church#9500 white with stainless steel hinges. Sloan '"Royal" 140 flush valve. P-2 Lavatory: • American Standard "Lucerne" 0350. 025. Faucet with crown handles and grid drain. _ P-3 Urinal: American Standard "Lynbrook 6530.018 top spud. Sloan "Royal" 180 flush valve. P-4 Shower: "Fibersheen" 3236 or equal, fiberglass reinforced polyester resin, with obscure tempered glass door, left or right hand plumbing and center drain, with Symonds or equal pressure balanced Safetymix #4-50OX shower valve with integral stops and #4-356 Clearflo shower head. P-5 Sink: American Standard 6064.216 self rimming 18 gauge stainless steel sink, one hole with Chicago #-E3 Quaturn double pantry sink fitting with rigid gooseneck spout and #3 Sofflow with #369 handles. P-6 'dater Coller: Haws HWS-8 electric water cooler 4 H.P. 110V walnut grained vinyl finish, stainless steel top. 15A-4 INSTALLATION OF PIPING A. General 1 . All piping shall be concealed unless specifically noted otherwise on the drawings. Where furred ceilings exist, the piping shall be installed in the ceiling as close to bottom of the beams as possible and in coordination with ducts and equipment except the piping may be installed between joints where indicated on the drawings or required. All piping shall be installed in Headquarters Building Plumbing 15A-10 :i` r..� M furred walls and partitions where practicable. Exposed piping shall be installed parallel or at right angles to building walls specifically shown otherwise on the drawings. 2. All pipe lines shall be installed free from traps and air pockets and true to line and grade with suitable supports properly spaced. All piping shall be installed without undue stresses and with provision for expansion and contraction. 3. Use reducing fitting (not bushing) at pipe size ohanges. 4. Dielectric unions shall be installed between dissimilar metals. 5. Provide 85% IPS red brass pipe at connections to faucets, flush valves, and other items requiring rigid piping. 6. All openings in piping shall be kept closed during construction to prevent entrance of foreign matter. 7. All cast iron joints shall be made with Ty-seal or approved equal. 8. All horizontal waste and vent lines shall have a grade of not less than 4" per foot. 9. Water and gas valves in boxes shall be labeled as . such. 10. Install union ahead of each valve. 11 . Below grade piping: Shall be supported on a firm bed for the entire length. Minimum depth of cover shall be 2' 0" unless noted otherwise. 12. All valves shall be accessible and shall not be installed with the stems below the horizontal plane. Exterior valves shall be provided with concrete valve box with valve identification permanently marked on cover. B. Gas Piping System: Gas piping shall slope back to the meter, where possible. Headquarters Building Plumbing 15A-11 °. 00321 The bottom of vertical gas lines shall be fitted with 6" long capped drip legs. Gas piping to mechanical equipment shall be furnished as required under plumbing work. In addition to main shut-off valve, gas stop cock shall be installed at each gas-fired unit. 15A-5 EXCAVATION AND BACKFILL Contractor shall provide all excavation, and backfill necessary for this installation. In addition, he shall also repair existing concrete and paved surfaces damaged or cut due to plumbing work. Such work shall be done in a manner that will be acceptable to the Architect and local authorities. Contractor shall excavate trenches for. pipe lines to required depth, tamp bottom hard and grade to the required slope. Contractor shall excavate holes for bells to permit pipe to rest on solid ground. Backfilling shall be accomplished by using clean earth deposited in 6" layers wetted and temped to produce 90% compaction. Should trenches be excavated deeper than necessary, they shall be backfilled with sand and mechanically tamped in 6" layers. All piping shall be 24" minimum below grade and shall have 2" of sand below and 4" above all lines. Excavated material shall not be used for backfill unless approved. 15A-6 COMPLETION Debris resulting from the Contractor's operations shall be removed from the site as the work progresses or when directed; at the completion of work thoroughly clean all fixtures and trimmings and leave every part in perfect condition ready for use, including removing all labels. Contractor shall prepare three (3) bound copies of complete parts lists, operating. instruction and main- tenance schedule along with the guarantee form furnished by Contra Costa County. This must be done before acceptance of the project. Each valve cock shall have handle supplied. Headquarters Building ryr� Plumbing 15A-12 r 0032j 15A-7. ROOF-DRAINS A. Wade 3170 cast iron roof drain with flange, threaded side outlet, flashing ring with intergral gravel stop, non-corrosive clamping units hinged to body and locking type non-tilting dome strainer. Furnish with necessary deck clamps or clamping rings. B. Down spouts: Shall be type M copper with adequate adaptor to mate to drain outlet. C. Install as and where shown on Architectural drawings. 15A-8 CATCH BASINS .Christy Concrete Products V64 or equal Brooks drain box with cast iron frame and grate. Provide necessary concrete extension and 6" minimum thick reinforced concrete bottom. Where pipes are larger than knockouts, bottom section from top of pipe to basin bottom shall be poured in place monolithically with basin bottom. 15A-9 STORM DRAIN PIPING Shall be extra strength concrete sewer pipe or Johns Mansville JM class 1500 transite where approved by local authorities 15A-10 SLEEVES (PVC) Sleeves under driveways and walkways will be schedule 80 PVC of size shown on drawings. Headquarters Building Plumbing 15A _ 13 ` ' OU32 WINNER& _ ...a...»'.....,. - v �- aim, _.... ...... ..:.. ,�..iarQw+r _.*V4 �k v � _ DIVISION 15 MECHANICAL SECTION 15B HEATING & VENTILATING 15B-1 . GENERAL The general conditions and special conditions are a part of this work as fully as if repeated herein. 15B-2. SCOPE A. Furnish all labor, materials, apparatus, tools, equip- ment, transportation and special or occasional services as required to complete working installation of all heating and ventilating systems shown on the drawings and/or specified herein. The work shall include all materials, appliances and apparatus not specifically _ mentioned herein or noted on the drawings as being furnished or installed under another section. The general extent of this work shall include, but is not necessarily limited to the following: 1. Heating, ventilating and air conditioning system shown on the drawings, including all component parts. 2. Exhaust fans and vents. 3. Furnishing and mounting all motor controllers, starters and overload protection for equipment furnished under this section. 4. Complete temperature control system, furnishing and mounting all line voltage control components for wiring and connection by others. 5. Furnishing Electrical Contractor with electrical wiring diagrams for equipment, ducts and piping. B. Related Work in Other Sections: 1. Power circuits, line voltage wiring and low voltage conduits. 2. Gas piping, including connections to equipment. 3. Painting of exposed piping and ductwork, other than prime coat,. 4. Painting. 5. Door grilles. Headquarters Buil4no . HVAC 15B-1 00327 C. Drawings and Specifications: The drawings are diagrammatic and indicate the general arrangement of the system and size requirements. Should field conditions or other causes necessitate rearrangement of duct work or piping, the proposed arrangement shall be approved by the Architect before work is started. Report all observed discrepancies for the Architect before proceeding. These specifications are intended to cover all labor, material, and standards of workmanship to be employed in the work covered by this section. The drawings and specifications are intended to supplement each other and all work or materials not specifically mentioned, but necessary for completion of this work shall be furnished by the Contractor. D. Codes and Regulations: _ All work and materials shall be in accordance with the latest rules and regulations of the Uniform Plumbing Code, Uniform Mechanical Code, the National Fire Protection Association, all local and state ordinances, and all regulations pertaining to the adequate protection and guarding of any moving parts or hazardous items. Nothing in these plans or specifications shall be construed as to permit work not conforming to these codes. Rulings and interpretations of the agencies having jurisdiction shall be considered part of the codes and regulations if commonly known to the trade prior to the submittal of bids. Whenever the drawings and specifications require higher standards than are required by the regulations, the drawings and specifications shall apply. Whenever the drawings and specifications require something that would violate the regulations, the regulations shall apply. No extra charge will be paid for furnishing items required by the regulations, but not specified or shown on the drawings. E. Permits and Fees: County will secure and pay for all permits, fees and inspec- tions necessary for the prosecution and completion of the work. Contractor is responsible for business license. County will pay any and all utility compay fees and charges. Provide properly signed "Certificate of Inspection" before work is accepted. QQ Headquarters Building ; . Ofj32V HVAC 15B-2 F. Visit to Site: Visit the project site, take necessary measurements, and- verify exact location of buildings, utilities, and other facilities, and obtain such other information as is necessary for an intelligent bid. No allowance will subsequently be made by the Architect or owner for any error or omission on the part of the bidder in this connection. G. Supervision: Contractor shall personally, or through an authorized and competent representative, constantly supervise the work..from beginning to completion and, within reason, keep the same workmen and foreman on the project throughout the project duration. All work is subject to inspection by the Architect or the Architect's representative. Furnish promptly any - information requested during inspection. H. Duct Spaces: Keep all work within the spaces provided in the building design. Should other openings or spaces be found necessary, notify the Architect in time to prevent unnecessary cutting. I. Closing of Uninspected Work: No work shall be enclosed before all required inspections and tests have been performed. Any work prematurely closed shall be reopened for inspection and restoration of all work thereby shall be at the contractor's expense. J. Cooperation with Other Trades: Cooperate fully with other trades doing work on the project as may be necessary for the proper completion of the project. Refer to architectural, mechanical, electrical and structural drawings for details of the building structure and equipment installation which will tend to overlap, conflict with, or require coordination with the work of this section. All' work in this section shall be scheduled as to avoid any overlapping and conflict and to effect such coordination as may be. necessary for the proper completion of the building as a whole. Headquarters Building HVAC 15B-3 �� 00329 K. Cutting, Patching, Ret)airina and Damage by Leaks: The contractor shall do or arrange for all cutting, as required for the proper installation of his work. The contractor shall cooperate with all trades in providing well in advance the information regarding openings required in walls, slabs and footings for equipment and shall ascertain - that said openings are properly located. Note requirements in Structural sections and drawings regarding penetration. The contractor shall reimburse all other contractors for any damage done to their work due to careless cutting, leaks, or overflow, etc. , during construction. L. Substitutions: It is the intent of these specifications to establish quality standards of materials and equipment installed. Hence, specific items are identified by manufacturer, trade name or catalog designation. Should the contractor propose to furnish materials and equip- ment other than those specified, as permitted in the " or approved equal" clauses, he shall submit a written request for any or all substitutions to the Architect. Such a request shall be an alternate to the original bid; shall be accom- panied with complete descriptive (manufacturer, brand name, catalog number, etc. ) and technical data for all items. Where such subsitutions alter the design or space requirements indicated on the plans, the contractor shall include all items of cost for the revised design and construction in- cluding cost of all allied trades involved. M. Materials and Submittals: Within 35 days after the award of the contract, five copies of a complete submittal, consisting of catalog cuts, data and brochures of materials and equipment proposed for use shall be deposited with the Architect for approval. Where materials or equipment are at variance with the plans or specifications, the Contractor shall assume full responsibility for the function and conformity to the space requirements as well as the coordination of all other trades whose work is affected by the change or substitution. The Architect's approval of such material or shop drawings shall not relieve the Contractor from the responsibility for deviations from the drawings or specifications. All submittals shall include complete operating instructions and maintenance instructions and parts lists. This will be the basis for approval. Headquarters Building HVAC 15B-4 L N. Protection of Work: The Contractor shall be responsible for damage to any of his work before acceptance. He shall cover securely all openings, and cover all apparatus, equipment, duct openings and appliances both before and after setting into place, to prevent obstruction in the ductwork and piping and breakage or disfigurement of equipment. Should the equipment become damaged, the Contractor shall restore it to its original condition and finish before final acceptance. 0. Tests and Inspections: All equipment and controls shall be adjusted and tested for normal operating conditions. The heating thermostats shall be set at 70 degrees Fahrenheit and cooling at 78 degrees. Temperature contol system shall be adjusted to maintain a tem- _ perature of plus or minus 2 degrees either side of the set point. After system and controls are adjusted to this operating condi- tion the Contractor shall notify the Architect; and when directed shall operate the system for a period of 'two weeks under normal conditions to demonstrate acceptability prior to final acceptance. Furnish all labor, material and apparatus to perfom all tests called for, and perform all tests in the presence of the Architect. Perform final air balancing and adjustments to the system and certify in writing to the Architect/Engineer that this has been done and results conform with drawing requirements. Should any part of the system or any materials or workmanship fail in this test, it shall be rectified, and the system made ready for a new test and inspection. The Architect shall be notified that a new inspection will be called for. The cost of rectifying the defective work and/or materials, and the second test and inspection shall be borne by the Contractor, as shall be the cost of any further tests and inspections if required. P. Operating Instructions: This Contractor shall furnish to the Architect three (3) complete -sets of Operating Instructions, including manufacturer's literature of all operating equipment and controls, covering all items of instruc-ion, operation and maintenance. These instructions shall be indexed and bound into an operating manual with durable covers. Headquarters Buildir� HVAC ID-B-5 00331 ..a _ AMMEMM .' ,cTi..;£°' ... .. rc'. ....�. .. r a P' ✓:,s These instructions shall be furnished_to: the Architect before final payment final payment will be made to the Contractor. The Contractor shall include in his bid sufficient time to give adequate verbal instruction to the Owner in the details of the operation function and maintenance of all equipment in this section. Q. Guarantee: The Contractor shall guarantee all materials, equipment, and workmanship furnished by him to be free of all defects and shall agree to replace at his own expense, at any time within on (1 ) year after the installation is accepted by the Architect any and all defective parts that may be found. 15B-3. MATERIALS _ A. General: All material and equipment shall be new and unused and clearly marked with manufacturer's stamp and rating. All standard designations refer to the latest editions. B. Materials and Execution: 1. Grilles, registers, and diffusers as shown on the plans indicate the make and model and finish to be installed. Any units equal in quality _ nd utility may be substitued. 2. The heating and air conditioning unit shall be as follows: a. AC-1: Carrier Combination Heating/Cooling Unit No. 48DG006 , or equal with characteristics as shown on the drawing schedule. b. The unit shall carry the seal of approval of the American Gas Association (A.G.A. ) and the Air Conditioning and Refrigeration Institute (A.R.I. ), and shall be listed in the current issue of the directories of both organizations. c. The units shall be approved for "Outdoor Installation" and shall comply with A.S.A. Standards for Mechanical Refrigeration Units. Headquarters Bui;�# g, ��,, � HVAC 158-6 t, { r d. The gas heating unit shall be equipped for use with natural gas. The electric air, conditioning unit shall be equipped for use with 230 volts, single phase electric service. 3. Exhaust fans and relief vents shall be IhG model • numbers as shown on the plans, or equal, complete with bird screens and other appurtenances. Relief vents shall be as scheduled and shall be equipped automatic back draft dampers. 4. Ducts: a. Sheet metal ducts, motor drive guards and other miscellaneous sheet metal work shall- be made up of first quality hot-dip galvanized mild steel. Weight for ductwork shall be as specified in the - latest edition of the ASHRAE Guide. b. Install ducts true to line and grade. Curved elbows shall be made with inside radius equal to the duct width. Square elbows and right angles turns shall be fitted with duct turning vanes, double thickness. Form transitions with uniformly tapering sections with slopes not exceeding 1 :5. Hammer up all joints to make practically airtight, and then tape with Hardcast fiberglass tape and paste. (Interior and exterior ducts) c. Support each section of ductwork from construction with 7/8" x 1/8" galvanized strap hangers bolted to sides of ducts, and cross break to prevent buckling or vibrations. d. Install flexible connections at all inlet and discharge connections to fans. Install connections in accordance with manufacturer's recommendations. e. Bird screens of 1/8" galvanized mesh shall be provided at all fresh air intakes, discharge, exhaust and relief openings, unless otherwise specified. No insect screen shall be allowed. f. All exterior ductwork shall have joints taped with Hardcast fiberglass tape and paste applied according to manufacturer's recommendations to assure a watertight installation. Headquarters Building HVAC 15B-7 `s= 00333 g. All exposed and exterior ducts shall be internally insulated with 1" thickness of Gustin-Bacon Flexible Duct Liner, coated black, and held in place with two rows of mechanical fasteners at 12" o. c. for ducts up to 20", and three rows of fasteners for larger ducts. Butt ends and exposed edges shall be painted with lagging adhesive. h. Duct sizes shown shall be net dimensions inside internal lining material. i. All other supply ducts will be insulated with Gustin-Bacon Reflective Vapor Barrier, duct insulation. All joints will be taped and sealed. All staples will be made moisture tight. 15B-4 CONTROLS A. Wiring: All control wiring and conduit shall be furnished and installed in accordance with applicable Electrical Section of these specifications. All control wiring shall be in conduit. B. Thermostat: Will be duct sensing type and be installed in the location as directed by the job engineer on-site. Unit will be compatable with specified A.C. unit and provide the necessary steps for full control of 2 stage heating and 2 stage cooling. C. Installation: Coordination between this Contractor- and Electrical Contractor on controls shall be as follows: I. This Contractor shall have the responsiblility for furnishing all controls, including thermostats, auxiliary switches, transformers, relays and starters. 2. All control and interlock wiring including conduits shall be furnished and installed by the temperature control contractor. Headquarters Building HVAC 15B-8 01)3)3 1 3. Heating Contractor shall review all. wiring connec- tions which have any influence on his equipment or work and verify that the connections are correct before permitting any equipment which is furnished, installed or modified under this contract to be operated. All low voltage wiring shall be conduit. Headquarters Building HVAC 15B--9`: Q033 DIVISION 16 ELECTRICAL SECTION 16 16-1 . GENERAL The general Conditions and General Requirements are part of this Section and the contract for this work and apply to this Section as fully as if repeated herein. + 16-2 SCOPE A. Furnish all labor, materials, apparatus, tools, equip- ment, transportation, temporary construction and special or occasional services as required to make a complete working installation of all electrical systems shown on the drawings or described in these specifications. The work shall include all materials, _ appliances and apparatus not specifically- mentioned herin or noted on the drawings as being furnished and installed under another section. The general extent of the electrical work is shown on the electrical drawings and includes, but isnot limited to, the following items: 1 . Power distribution system, including modification of existing panel in adjacent Fire- House building. 2. Branch circuit and distribution panelboard and service panel. 3. Electrical feeders, ground system. 4. All conduit except temperature control conduit. 5. All branch circuit wiring, and wiring devices for lighting, receptacles, appliances and electrically powered equipment or apparatus, including wiring and connections in AC units. 6. Hangers, supports, anchors, etc. as necessary for electrical work. 7. Lighting fixtures and lamps. 8. Cutting, patching and caulking for all penetrations required for electrical work. 9. Trenching and backfill for electrical work. 10. Telephone backboard and conduit. Headquarter ,Building Electrical 16-1 00335" I m 11 , Power Circuits to control transformers. 12. Conduit for communications wiring. B. Related Work in Other Sections: 1. Motors, as a part of packaged equipment, for air conditioning, heating and ventilating and plumbing systems are furnished and installed under Section 15, but circuits to connection of all motors are included under this section. 2. Motor starters and other control apparatus are furnished under Section 15 but shall be installed, connected and tested under this section. 16-3. RULES AND REGULATIONS A. All work and materials shall be in full accordance with the latest rules and regulations of National Electrical Code, California Title 24; and all applicable County and State laws or regulations and latest approved standards of I.E.E.E. , N.E.M.A. , U.L. , and the local power company. Nothing in these plans or specifications is to be construed to permit work not conforming to the above. B. Wherever the specifications or drawings call for material, workmanship, arrangement or construction of a superior quality than is required by the above rules and regulations, the specifications shall take precedence. Should there be any direct conflict between the rules and regulations and this specification, the rules and regulations shall govern. C. Furnish, without any extra charge, any additional material and labor •when required by the compliance with these rules and regulations, though the work is not mentioned in these particular specifications or shown on the drawings. D. Comply with all rules and requirements of the companies providing electric and telephone services. All materials and equipment required by, but not regularly furnished by the agency providing these services shall be furnished as part of the work of this section. All charges by the agency providing these services for work done by them in the installation of these services shall be paid for by the County. Headquarters Building Electrical 16-2 X33 7 z 16-4. PERMITS AND FEES A. Owner will secure and pay for all permits, licenses, fees and inspections necessary for the prosecution and completion of the work. B. Owner will pay any and all Power Company fees and charges. C. Provide properly signed "Certificate of Inspection" before work is accepted. 16-5. PRODUCTS AND MATERIALS A. Conduit 1. Rigid steel, full weight, threaded, hot dipped _ galvanized or sheradized. Conduit bushing shall be OZ type A or T & B series 3800 or OZ type IGB. 2. Electrical metallic tubing, hot dipped galvanized or sheradized. Connectors and couplings shall be compression type watertight. Connectors shall have insulated throat. 3. Watertight flexible metallic conduit shall be _ _ "Sealtite" flexible conduit with T & B series 5311 connectors or equivalent Appleton. 4. Plastic conduit shall be: (1 ) Kraloy or Carlon Type 40, rigid PVC, or approved equal. (2) Kraloy or Carlon Type EB, ABS utility duct, or approved equal. (3) 3/4" minimum diameter. B. Wire and Cable All wire and cable for secondary power shall -be new and shall conform to latest requirements of N.E.C. , shall meet ASTM specifications and .shall bear UL label. Conductors shall be soft drawn copper with 600 V insulation as here- inafter specified. Wire and cable shall be as manufactured by Rome Cable Company, General Electric Company, or approved equal. 1 . Minimum conductor size shall be #12 AWG. (copper) 2. Aluminum conductors are not allowed. Headquarters Building Electrical 16-3 91 338 C. Switches Arrow Hart, Hubbell, Sierra, or approved equal, 2DA, 125V to 277 V rated for use on fluorescent and tungsten filament lamp loads, ivory, brown or gray finish as selected by the Engineer. 1. SPST AH 1991. D. Receptacles Arrow Hart, Hubbell, Sierra, or approved equal with ivory, brown or gray finish as selected by the Engineer. 1. Duplex, 20A, 125V, 3-wire groundable - AH #5762. E. Device Plates 1. All device plates shall be plain stainless steel brushed finished, commercial quality. 2. Telephone and signal system device plates shall have 3/8" diameter bushed hole. 3. For surface mounted sheet steet boxes use stainless stee. 16-6. EXECUTION A. General 1. All wiring shall be installed in an accessible conduit system which shall be electrically continous throughout. The term "Conduit" as used in this specification refers to rigid conduit, electrical metallic tubing, nonmetallic duct, flexible conduit or watertight flexible conduit. 2. At least five full threads shall be engaged on all conduit connections to couplings and fitting hubs. Sealing fittings shall be properly installed at all required locations in accordance with the NEC and local code regulations. 3. Installation and workmanship shall be of the best quality and performed by experienced mechanics to assure operating safety. 4. Install all boxes (min. 4" sq. ) on wood 2" x 4" backing blocks with face of plaster ring not less than 1/8" from surface of wall. Headquarters Building Electrical 16-4 Oo ruin e r 3 a 3 e B. Installation of Conduit 1 . Rigid steel conduit shall be used for interior - feeders, sub-feeders, wiring in concrete walls and floors, underground exposed work. Rigid aluminum conduit may be used, at Contractor' s option, for all locations except in the ground floor slab, in wet or damp locations, or underground. Where rigid ' steel conduits are installed underground, they must be enclosed in a 2" concrete envelope or covered with a double protective coating of 20 mil Scotch- wrap, with threads and couplings covered with Scotch Tape where rigid steel conduits are installed under floor slabs or underground. 2. Electrical metallic tubing may be used in concealed locations above grade, but not .in concrete walls _ or floors. 3. Non-metallic ducts shall be installed in a minimum 3" thick concrete envelope with a minimum 3" horizontal and vertical spacing between ducts where multiple runs occur. Bends in excess of 112 degrees shall be in rigid steel conduit. 4. An insulated grounding conductor shall be installed wherever non-metallic ducts or plastic conduits are used. 5. Use compression type couplings. Set-screw couplings are permitted. 6. Terminate conduits at boxes and cabinets with lock nuts and insulating bushings. C. Cutting and Patching 1 . Provide necessary cutting in connection with the ` electrical work and make repairs in a manner satisfactory to the Engineer. 2. Structural members shall not be drilled, bored or notched in such a manner as to impair their structural value. 3. Cutting of holes in concrete, if required, shall be by core drill. 4. Cutting shall be as indicated or only with written approval of the Engineer. 4 fl�1340 Headquarters Building Electrical 16-5 D. Concrete Enclosed Electrical Feeder 1 . Concrete used for feeder envelopes below grade shall have a 28-day compressive strength of not less than 2500 psi. Concrete shall be allowed to sufficiently set before backfilling is commenced. Backfill shall conform to the Earthwork section of the Specifications. 2. A minimum of 24" cover shall be provided for all lines below grade. E. Lighting Fixtures 1. See drawings for descriptions. 2. Lighting fixtures shall be installed plumb, level, _ in straight lines without distortion and shall be clean. 3. Recessed fixtures shall be provided with the proper suspension yokes and accessories and the proper type and depth of plaster frame. Provide 2 hanger wires each fixture . for seismic restraint. 16-7 Special Requirements A. All submittals shall include operating and maintenance instructions and complete parts lists. B. All materials and equipment shall be installed in a neat and workman-like manner. The workmanship of the entire job must be first-class in every way and only experienced and competent workmen shall be employed on the work. C. Submittals shall show complete dimensional data,, arrangement of equipment, wiring diagrams, control devices, and specifcations for all components. D. All apparatus or equipment as part of this work shall be adjusted as required so that it operates in accordance with requirements of this specification. E. All shut downs shall be coordinated with the Engineer with two full working days prior notice. Headquarters Building Electrical 16-6 i M 16-8 IDENTIFICATION OF APPARATUS A. Install, with screws, engraved laminated.phenolic name plates (to match existing ones) on new panel and each feeder breaker on panel. B. Identify all circuits with Brady Labels each. end of circuit at each junction box. 16-9 CLEANING A. All equipment, fixtures, panels, etc. shall be thoroughly cleaned free from dirt, oil, etc. Factory finished items damaged shall be returned to the factory for refinishing. 16-10 TESTS AND INSPECTION A. All work and material covered by this specification shall be subject to inspection at any time by the Engineer. Should any materials or work not conform with the plans and specifications, within three days after being notified by the County, remove the material from the premises or repair the work. The entire expense of removing, replacing and repairing shall be borne .by the Contractor. Work shall not be closed in or covered before inspection and approval by the Engineer. B. All cable shall be tested as it is installed, after splicing and termination, with a megger. Conductors for which measured .resistance is below minimum established by the National Electrical Code shall be replaced. A copy of recorded resistance readings shall be submitted to the Engineer for approval. All circuits shall be tested for proper neutral connections. C. Final test and inspection of the complete project shall be arranged. The test and inspection shall be at the expense oth the Contractor at a mutually agreed time. Test shall include: 1. Demonstration that all lights and equipment operate satisfacotry and as called for. 2. Inspection of all equipment and the interior of all panels, cabinets, and other designated items. 3. Spot check of splicing, wire color coding, logging and numbering. Headquarter BuildingElectrical 16-7 00342 L 16-11 UNDERFLOOR DUCT A. Similar to modular superduct square D GD107C-3 with the following cross sectional areas: Depth 3" and width 6 Insert height shall be 1 . 3/8". B. Servia Fitting (abandoned outlet assembly) flush mounted solid brass plate with sgaare edge to permit flush mounting with the finished floors. r. C. Duct Support: 1. Duct support shall include 3" leveliiang legs and hold down feet similar to square D G1:590-1. D. Installation of Underfloor Duct: 1 . Under floor duct shall be installed where shown on the power plan drawing. Duct support shall be used on every 5 foot section. Leuelip leg shall , be adjusted to insure all brass plate. of 'service fitting and flush with the finished floor. 16-12 PANELS A. "Lighting Panel" similar to Westinghouse type022B with copper buss and bolted eircuit .breakers. Number of branch poles and ratings to -be as shown on panel schedule. B. Meter and main diconnect similar to Westinghouse JA 225 ACB 2P ¢OOV in raintigkt enclose. Headquarters building Electrical 15-8 R 00343 16-11 STdOKE DETECTOR SYSTEM A. General System will be furnished and installed complete with equipment, wiring and necessary auxillary components to furnish a complete working system, consisting of smoke detectors, wiring and conduit, power supply S and a visual and audible annunciator (3 station) to be installed in the vicinity of the switchboard in the existing firehouse (location to be determined by the owner prior to installation). B. Smoke Detector To be similar to Notifier BC-100 dual chamber ionization type detector to sense both visible and invisible _ combustion products. Unit will be all solid state low voltage circitry with self-contained alarm and super- visory relay with the following characteristics: a) . Operating voltage 22-28volts DC. b) . Normal current drain 22MA @ 24V-DC c) . Alarm current drain 55MA @ 24V-DC d) . Contact rating 3AMP @ 24V-DC e) . Groundin -Negative potential on detector housing f). Size = 96. 625" Diameter - 2.75 depth fits 4" electrical box Smoke detectors shall be provided with end of line device as required. C. Power supply will be wet cell lead acid rated 24V and shall include charger similar to Notifier A-33 10 Amps. 1. Electrical? and compcnants a) . DC voltage relay with terminal for connection to the alarm system and supervisory circuits. •_ b). DC output voltmeter and ammeter of 2% accuracy. 16-12 SPEAKERS A. General Units selected, furnished and installed will be compatable with the existing firehouse P.A. system and of the following characteristics: Headquarters Building 00344 Electrical 16-9 a). Frequency response .350-1.3000. HZ, b). Impedance 8 OHMS c). Dispersion 120°_ - d) . Sound pressure level 119, DB .e).; Sensitivity �3 UBM_. With transformer and rheostat (volume contrdl):~..cabinet shall match room decor, size will be approved .by 'owner_ prior to installation. .i 00345 (4 00 Headquarters Building Electrical 16-10 i Iti THE BOIRD OF SUPERVISORS OF CO-N-- LRA- COSTA COUNTY, 3 TATE OF CA.1,1FORNIAL In the flatter of ) E.-:pressing Appreciation ) RESOL:;TIOU Zz.0. 77/769 to Mr. H. Donald Funk. ) 111 EREAS Mr. H. Donald F urk has a^nour_ce3 his retire-ment f=-o county service on October 14, 1977; and THERE_zkS M-. Funk has served the County with distinction for nearly three decades, advancing progressively from a position involving special audits and systems development .to Assistant County Auditor-Controller arid to the electedposition of County Auditor-Controller rdii.ch he Inas held since January, 1967; and WHEREAS Mr. Funk has served on numerous statewide accounting and auditing committees and associations, including service as President of the California County Auditors Association and Chairman of the Cost Accounting Subcommittee of California Counties and was an original member of the State Controllers Co:rrittee ;,fnich developed the highly acclaimed Uniform Accounting Standards and Procedures for California counties; and WHEREAS Mr. Funk has not only effectively directed county financial affairs during his tenure as County Auditor-Controller, but has also been responsible for county data processing services.; purchasing services, central services and microfilm services; and BNEREAS Mr. Funk has also contributed to the general administration of county .government through services on coirmittees such as the Depart=,ent Heads Agenda Cori--ittee and the 3.1anage�;aent Compensation Committee; and hSEP.EAS ar. Funk Ips gained the respect of his colleagues throughout the State as well as County officials for the integrity, cor-apetence and professional conduct he has brought to the office in the fields of accounting and auditing; NO;?, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, CALIFORENTIA, that it hereby expresses its appreciation to Mr. H. Donald Funk on his retirement for his dedicated service and valuable contributions to the ad -ministration of county government and offers its best wishes to him and his family. PASSED and ADOPTED by the Board this twentieth day of Senter..ber 1977. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Suoervisors on September 20 , 1977. cc : County Administrator 09345 RESOLUTION NO. 77/769 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Information ) on Property Taxes ) RESOLUTION NO. 77/ 770 WHEREAS this Board on August 30, 1977 adopted 1977=1978 final budgets for the County, and for county special districts and service areas under control of the Board of Supervisors, after a series of public hearings beginning in June; and WHEREAS county boards of supervisors under the law are required to fix the tax rate of school districts and other independent districts over which the Board of Supervisors has no control, and which require approximately 75 percent of the homeowners' overall property taxes; and WHEREAS the County is responsible for the collection of the property taxes levied by all agencies as a service to taxpayers and to minimize governmental costs; and WHEREAS the practical effect of the County collecting all property taxes is that property owners hold the Board of Supervisors responsible for the total of property tax requirements, rather than just that limited portion subject to the Board's control; and WHEREAS the Board is desirous of furnishing information on this situation to taxpayers; NOW, THEREFORE, BE IT BY THE BOARD RESOLVED that the reverse side of the informational sheet enclosed with the annual property tax bills by the County Treasurer-Tax Collector shall furnish exlanatory information on property taxes on behalf of the Board of Supervisors. PASSED and ADOPTED on September 20, 1977. Original: County Administrator cc: Treasurer-Tax Collector Assessor County Auditor-Controller Public Information Officer RESOLUTION NO. 77/ 770 0034*7 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Proclaiming ) the Week of October 24, 1977 ) RESOLUTION• NO. 77/771. . as YOUTH AWARENESS WEEK. ) WHEREAS Soroptimist International has As one of its most important- programs "Service To Youth', and WHEREAS Founder Region, Soroptimist International, -is co-sponsoring.a: Youth Seminar for-.-all -Contra. Costa ._high: s-chool students .on.October-29, .19.77, at. the :Monte .Vista -Nigh School,.. '. Stone .Valley Road; Danville; and. WHEREAS the purpose of this seminar is to give young people the opportunity to come together and discuss issues that are vital to them; and WHEREAS the resolves from-these discussions will be very beneficial to both school and community; NOW, THEREFORE, BE- IT BY THE BOARD OF- SUPERVISORS- OF- THE COUNTY OF CONTRA COSTA, CALIFORNIA -RESOLVED that it hereby proclaims the week of October 24, 1977 as YOUTH AWARENESS WEEK . PASSED by the Board on September 20, 1977. cc: County Administrator RESOLUTION NO. 77/771 00348 IN TICE BOARD OF SUPERVISORS OF CONTRk COSTA COUNTY, STATE OF CALIFORNIA In the Fatter of Changes ) of the Assessment Roll ) of Contra Costa Counts ) RESOLUTION NO. �- 3 WHEREAS, the County Assessor having filed with this Board requests for correction of erroneous assessments, said requests having been consented to by County Counsel; NOW, T -FORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessor' s Office what was intended and what should have been assessed; and, therefore, pursuant to Revenue and Taxation Code Section 4831, the following defects in description and/or fors: and clerical errors of the Assessor on the roll should be corrected. Further, in accordance with Section 4985(a) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost, redemption penalty, interest, or redemption fee heretofore or hereafter attached due to such error should be canceled upon the showing that payment of the corrected or additional.amount was made within 30 days from the date the correction is entered on the roll or abstract record as it was impossible to complete valid procedures initiated prior to the delinquency date. The corrections are to be entered on the unsecured tax roll. On Boat No. CF 1262 AV, Parcel No. 085-056-012-9, Tax Rate Area 07025, WILLIAM E. FRE.EN:AN should be allowed a homeowner's exemption of $1,000 pursuant to Section 255.1 of the Revenue and Taxation Code. Additional information required for approval of the claim has been received. On Boat No. CF 7999 FD, Parcel No. 561-080-004-6, Tax Rate Area 08001, CHRIS BELASCO should be allowed a homeowner's exemption of $1,370 pursuant to Section 255.1 of the Revenue and Taxation Code. Additional information required for approval of the claim has been received. I hereby consent to the above changes and/or corrections: R. 0. SEATON, Assistant Assessor JrB. IISEN, County Counsel t/9-13-77 SEP 2 B � fWopted by the 6aard on. T97T....a� De Copy to: Assessor (Mrs. Rodgers) Assessor (Mrs. Hendricks) Auditor Tax Collector Page 1 of 1 RESOLUTION 10. 00349 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) RESOLUTION NO. 7 7�7 7J of Contra Costa County ) WHEREAS, the County Assessor having filed with this Board requests for correction of erroneou's assessments , said requests having been consented to by the County Counsel; NOW$ THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments: For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessor's Office what was intended and what should have been assessed; and, therefore, pursuant to- Section 4831 of the Revenue and Taxation Code, the Following defects in description and/or form and clerical errors of the assessor on the roll should be corrected as stated below. In Tax Rate Area 020.251 Parcel No. 148-082-.025-5 , has been erroneously assessed to Russell C. $ Donna K. Dougherty, due to clerical error in overlooking document transferring title. There- fore, this assessment should be corrected to show the assessee as Ravindra A. $ Menna R. Kamat, who acquired title by document recorded on July 14 , 1976, in Book 7938, Page 270, of the Official Records of Contra Costa County. In Tax' Rate Area 66028, Parcel No. 200--190-002-2, has been erroneously assessed to Joseph Ferreira and Mamie Ferrari, due to clerical error in overlooking transfer of title of this parcel. Therefore, this assessment should be corrected to show the assessee as James F Bonnie Holden and Michael F. $ Christine Roach, 20S5 San Ramon Valley Blvd. , San Ramon, California, who acquired title by document recorded on December 272 1976, in Book 8141, Page 237, :of the Official Records of Contra Costa County. In Tax Rate Area 85029, Parcel No. 405-16.4-005-2, has been erroneously assessed to Shirley Rose Woodruff, due to clerical error in the manner of sequence in which documents transferring title were processed. Therefore, this assessment should be corrected to show the assessee as Carl E. $ Lillian Hendrix, who acquired title. by document recorded on February 25, 1977, in Book 8217, Page 136, . of the Official Records of Contra Costa County. . . . . I hereby onsent to the above changes d/or corrections : 100 R. 0. SEATON JOHN CL C/ Counsel Assistant Assessor �y� t9/14/77 By D P ty Copies to: Assessor (Kettle) Auditor Tax Collector Adopted by the Board on.......SEP 20 js RESOLUTION N0 AV-1"13 Page I of 1 00350 �. .ee.i.'' x:... .M:o3c%...�.*�;l:-s�.AT a.+,i .;.., .-.... St$cty;=.:...r s�-•,_:a.._".. ,.rt.._.. i:II+.., aew_...,1 ,. a-�. .. .... ..... _ Q,..M.=:e�•te..•w .y IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the natter of Changes ) of the Assessment Roll ) RESOLUTION NO. 7-7/-77� of Contra Costa County ) WHEREAS, the County Assessor having filed with this Board requests for correction of erroneous assessments , said requests having been consented to by the County Counsel; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments: For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessor's Office what was intended and what should have been assessed; and, therefore, pursuant to Section 4831 of the Revenue and Taxation Code, the following defects in description and/or form and clerical errors of the assessor on the roll should be corrected; and, FURTHER, property escaping assessment due to such error should be enrolled as escaped assessment pursuant to Section S31 of the Revenue and Taxation Code; and, FURTHER, in accordance with Section 4985 (a) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost , redemption penalty, interest, or redemption fee, heretofore or hereafter attached due to such error should be canceled if it is impossible to complete valid procedures initiated prior to delinquency date, upon the showing that payment of the corrected or additional amount was made within 30 days from the date correction is entered on the roll or abstract record. In Tax Rate Area 66077, Parcel No. 198-230-005-3, assessed to Irving G. Jr. & Patricia Snyder, has escaped assessment due to Assessor's error in not submitting property record for entry. Therefore, this assessment should be corrected to enroll escape assessment as follows: Land $9,000; making a total assessed value of $9,000. Assessee has been notified. In Tax Rate Area 66077, Parcel No. 198-230-006-1, assessed to Irving G. Jr. $ Patricia Snyder, has escaped assessment due to Assessor's error in not submitting property record for entry. Therefore, this assessment should be corrected to enroll escape assessment as follows: Land $142500; making a total assessed value of $14, 500. Assessee has been notified. I hereby consent to the above changes ' d/or corrections : R. 0. SEATON JO CLAD EN g ounsel Assistant Assessor o/ t9/14/77 By ' D y Copies to: Assessor (Mrs. Kettle) Auditor Tax Collector SEn 201977 Adopted by the Board on-------------------_--------------. RESOLUTION NO. 7 `/��7 L� Page 1 of 1 0(i��1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) _ of Contra Costa County ) RESOLUTION N0. 1II WHEREAS, the County Assessor having filed with this Board requests for correction of erroneous assessments, said requests having been consented to by County Counsel; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessorts Office what was intended and what should have been assessed; and, therefore, pursuant to Revenue and Taxation Code Section 4831, the following defects in description and/or form and clerical errors of the Assessor on the roll should be corrected. Further, in accordance with Section 4985(x) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost, redemption penalty, interest, or redemption fee heretofore or hereafter attached due to such error should be canceled upon the showing that payment of the corrected or additional amount was made within 30 days from the date the correction is entered on the roll or abstract record as it was impossible to complete valid procedures initiated prior to the delinquency date. In Tax Rate Area ?9038, Parcel No. 114-260-006-1 is owned and occupied by the Guatamalan Consul General as his principal place of residence. Legal Opinion 76-121 of the Contra Costa County Counsel determined that the property is not subject to taxes in accordance with the provisions of Article 32 of the Vienna Convention on Consular Relations, effective December 24, 1969. Therefore, all or any uncollected taxes on this parcel should be canceled. FURT EE , on Parcel No. 126-051-039-9, Tax Rate Area 02014, GUARDIAN SKILLED NURSING FACILITIES aualifies for a welfare exemption in accordance with Article XIII, Section 4(b), of the State Constitution. Therefore, the exemption should be allowed in the amount of $195,070. R. 0. SEATON, Assistant Assessor t/9-13-?7 Copy to: Assessor (Mrs. Rodgers) Auditor Tax Collector Page 1 of 2 RESOLUTION NO. 00352 P .:;.•sz;r'+"'- pi*x'�� .. ``, n..-:<.,.,,..;.t-,..:na_ .,. W.. ..., i... .»... .. - .,.1 a, ',: xts .107 FURTHER, on Parcel No. 162-270-022-5, Tax Rate Area 05002, KAISER FOUNDATION HOSPITALS qualifies for a Business Inventory Exemption_ in accordance with Section 219 of the Revenue and Taxation i Code. Therefore, the exemption should be allowed in the amount of $814. FURTHER, the following veterans qualify for the disabled veterans exemption in accordance with Section_ 205.5 of the Revenue and Taxation Code. The exemption should be allowed as stated below. On Parcel No. 088-361-019-8, Tax Rate Area 07013, HOWARD C. PHALAN should be allowed the disabled veterans exemption in the amount of '�;�6fr . The homeowner's exemption of $1,750 should be removed. $Q,500 On Parcel No. 115-440-036-8, Tax Rate Area 02002, . THOMAS W. WAL1TOIe JR. should be allowed the disabled veterans exemption in the amount of $10,000. The homeowner's exemption of $1,750 should be removed. On Parcel No. 166-330-019-0, Tax Rate Area 12023, LILLIAN SULLIVAN should be allowed the disabled veterans exemption in the amount of $10,000. The homeownerts exemption of $1,750 should be removed. On Parcel No. 174-010-005-0, Tax Rate Area 98003, FRANCES McC0-RJ1ICK should be allowed the disabled veterans exemption in the ' amount of $10,000. The homeowner's exemption of $1,750 should be removed. On Parcel No. 189-160-005-6, Tax Rate Area 09000, ROBERT W. MIIVCILLM should be allowed the disabled veterans exemption in the amount of $7,920. This parcel is assessed to First Walnut Creek Mutual. On Parcel No. 189-150-004-1, Tax Rate Area 09000, WARD H. DERBER should be allowed the disabled veterans exemption in the amount of $82043. This parcel is assessed to First Walnut Creek Mutual. I hereby consent to the above changes and/or corrections: R. 0. SEATON, Assistant Assessor JOHN B LAUSE1i, County Counsel 1 SEP 2 0 1977 B .�%� b Adopted by tZe Boo rd on._____..._..r___..._....._._ D y Page 2 of 2 RESOLUTION NO. 7,41s- 00��3 F -1t _ IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) RESOLUTION NO. of Contra Costa County ) IfflEREAS, the County Assessor having filed with this Board requests for correction of erroneous assessments, said requests having been consented to by the County Counsel ; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments : For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and from papers in the Assessor's Office what was intended and what should have been assessed; and, therefore, pursuant to Section 4831 of the Revenue and Taxation Code, the following defects in description and/or form and clerical errors of the assessor on the roll should be corrected; and, FURTHER, in accordance with Section 4986 (a) (2) the County. Auditor should be directed to cancel all or any portion of any tax, penalty, or costs on that portion in error as if- it has been levied erroneously; and, FURTHER, in accordance with Section 4985(a) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost, redemption penalty, interest, or redemption fee, heretofore or hereafter attached due to such error should be canceled if it is impossible to complete valid procedures initiated prior to delinquency date, upon the showing that payment of the corrected or additional amount was made within 30 days from the date correction is entered on the roll or abstract record. In Tax Rate Area 53009, Parcel No. 037-030-005-5 , assessed to Big Break Marina, has been erroneously assessed with Improvement value of $333,220, due to error in not transferring a portion of the Improvements from'the unsecured roll to the secured roll. Therefore, the secured assessment roll should be corrected as follows : Land $24,250 (no change) ; Improvements $35 ,130 ; Personal Property $1 ,155 (no change) ; less the existing Business Inventory Exemption of $250 (no change) ; making a net taxable assessed value of $60,285. The unsecured assessment has been canceled. Assessee has been notified. R. 0. SEATON Assistant Assessor Copies to: Assessor (Kettle) Auditor Tax Collector l Page 1 of 2 RESOLUTION NO. 00351 _ . A INA _ In Tax Rate Area 14002, Parcel No. 234-180-025-4, has been erroneously assessed to Ray Lehmkuhl F Co. , due to clerical error in posting incorrect document to this parcel. Therefore, this assessment should be corrected to show the assessee as Ray & Roxanne Lehmkuhl, 875 Las Trampas , Lafayette, California, who acquired title by document recorded on November 10, 1976 , in Book 8085, Page 849, of the Official Records of Contra Costa County. Further, for the fiscal year 1977-78, it has been determined that this property qualifies for the Homeowner's Property Tax Exemption and should be entered with said exemption in the amount of $1,750 assessed value, making a net taxable assessed value of $18 ,250 . In Tax Rate Area 15004, Parcel No. 2SS-190-00S-9,- assessed to Frank 1V. & Shirley A. Kerrigan, has been erroneously assessed with Land value of $6, 775 and Improvement value of $16 ,600. Drainage problems were reported prior to the close of the roll , but it was impossible to complete assessment prior to submission for machine processing. Therefore, this assessment should be corrected as follows: Land $6,150;1Improvements $15,100; less the existing Homeowner' s Exemption of $1 ,750; making a net taxable assessed value of $19,500. In Tax Rate Area 62001, Parcel No. 354-011-002-4, assessed to California & Hawaiian Sugar Co. , has been erroneously assessed with Improvement value of $27,163,420 and Personal Property value of $4,909;165, due to computation error in entering a portion of the property more than once. Therefore, this assessment should be corrected as follows: Land $49,600 (no change) ; Improvements $15, 449,355; Personal Property $4,406,690 ; less the existing Business Inventory Exemption of $1 ,690,160; making a net taxable assessed value of $181215 ,485. In Tax Rate Area 080212 Parcel No. 405-290--005-9, assessed to Chevron USA Inc. , has been erroneously assessed with Land value of $319,500, due to the Assessor not being able to submit property• value set by the Appeals Board in time to be included in the machine preparation of the assessment roll. Therefore, this assess- ment should be corrected as follows: Land $250,000; Improvements NV (no change) ; making a total assessed value of $250,000. In Tax Rate Area 08050, Parcel No. 560-260-025-5 , assessed to National Oil Products Co. , has been erroneously assessed with Improvement value of $318,925 , due to error in mathematical compu- tation. Therefore, this assessment should be corrected as follows: Land $76,555 (no change) ; Improvements $246,470; Personal Property $188,960 (no change) ; less the existing Business Inventory Exemption of $922897 (no change) ; making a net taxable assessed value of $419,088. I hereby. consent to the above changes a d/or corrections: R. 0. SE7Cr0N_ JOHN B. LAUSEN, County Counsel Assistant Assessor / 19/14/77 By Y Adopted by the B �7dSEP� ----.-._._--_�0 19�7�r Page 2 of 2 RESOLUTION N0. gV776 005 j IN TiE BOARD OF SUPERV IS ORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) of Contra Costa County ) RESOLUTION NO. ,j WiHREAS, the County Assessor having filed with this Board ". requests. for correction of erroneous assessments, said requests having been consented to by County Counsel; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is authorized to correct the following assessments For the Fiscal Year 1977-78 It has been ascertained from the assessment roll and- from papers in the Assessor's Office what was intended and what should have been assessed; and, therefore, pursuant to Revenue and Taxation Code Section 4831, the following defects in description and/or form and clerical errors of the Assessor on the roll should be corrected. Further, in accordance with Section 4985(a) of the Revenue and Taxation Code, any uncollected delinquent penalty, cost, redemption penalty, interest, or redemption fee heretofore or hereafter attached due to such error should be canceled upon the showing that payment of the corrected or additional amount was made within 30 days from the date the correction is entered on the roll or abstract record as it was impossible to complete valid procedures initiated prior to the delinquency date. The corrections are to be entered on the secured tax roll. It has been ascertained from papers is the Assessor's Office that pursuant to Revenue and Taxation Code Section 275(c), claimants - for the homeowner's property tax exemption who filed a claim subsequent to April 15, 1977, and whoa the Assessor has ascertained to be eligible should be allowed $1,400 or 80 percent of the assessed value, as stated below: Parcel Number Tax Rate Area Allow Assessee 009-451-C 0-9 66019 4400 Marsh, Eugene T. & Eleanor M. 034-220-036 1 82025 1400 Coffman, Ada J. 054-210-019-3 58009 $1400 Keith, Robert E. & Claire E. 066-012-002-5 01004 X1400 Cook, Leta & Chilton, Wilma 068-014-009-2 01004 $114.00 Heighes, Patrick V. 085-151-009-9 07025 $1400 Gutierrez, Richard J. & Renee R. 0. SEATON, Assistant Assessor t/9-13-77 Copy to: Assessor (Mrs. Rodgers) Auditor Tax Collector Page 1 of 3 •' RESOLUTION N0. 17/7-/ / . 00 i Parcel. Number Tax Rate Area Allow Assessee 79031 $1400 Fuqua, Mary Abner Decker, Carlette Arlene 112-055-021-3 02002 $1400 Rendon, Henry & Andrea, 116-242-001-0 02002 $1400 Hartsell, Donald F. & Nanna K. c/o Ibarra, Frank M. & Lourdes J. 117-040-006-1 79172 $1400 Pierce, John C. & Nancy J. c/o Lucas, Larry 0. & Melba A. 118-261-023-6 02013 $1400 Dickson, George C. & Edith J, 134-421-035-4 09030 $1400 Ball, Charles M. & Lois A. 166-261-J06-0 12075 $1400 Garrison, Paul W. & Jeanette A. 171-240-008-2 09045 $1400 Lilly, Luella Jean Vandeveer, Ethel Lois 171-300-020-IL 98003 1400 Caulboy, Vincent Jr. & Virginia 172-170-011- 09047 1400 Schubb, David E. c/o 1=fitchell, June Norvell 17,5-214-1-013-2 09000 $1400 Miller, Rebecca 199-130»059-9 66048 '`'1.400 Dallas, Charles L. & Norene L. 230-121-012-2 140023.400 Burton, Charles F. 234-121-004-1 14002 $1400 Schrieber, James J. Jr. & Brenda 257-412-002-4 15002 $1400 Norback, Ralph G. & Simone c/o Lindskoog, Frank E. & Isabelle V. 266-180--015-7 83019 14.00 Hayden, David & Patricia 402-050-014-8 06000 1400 Wall, Ralph D. & ;iary H. 431-142-006-3 06018 11400 Jefferson, Edward & Brenda 431-142-036-0 0801$ 1400 Andersen, James T. & B. Cheryl 50,3-292-020-8 03000 $1400 .Phillips, Annie et al ,505-292-002-1 03000 $1400 Ryan, Nell Mary 505-443-011-0 03000 $14.00 Laws, Robert W. & Robin Ann 513-062-014-8 08001 $1400 Bowman, Clifton Sr. 515-080-002-6 08001 $1400 Ziemer, Robert & Dorothy 561-201-003-2 08003 $1400 Godfrey, Gladys & Godfrey, Arthur FURTHER, the following assessees were erroneously not mailed claim forms. As the Assessor did not conform to Section 255.3 of the Revenue and Taxation Code, the exemptions should be allowed. Parcel Number Tax Rate area Allow Assessee 1932-066=0- 66075 $1750 Larson, Donald R. & Lucille W. 193-422-013-6 66075 $17.50 Collins, John T. & Sonya 0. 218-531-010-5 66138 $1750 Fernandez, Enrique & Evangeline FURTHER, the following assessees are eligible for the homeowner's exemption pursuant to Section 255.1 of the Revenue and Taxation Code. Additional information required for approval of the claims has been provided. Parcel Number Tax Rate Area Allow Assessee 110-410-103 02002 $-1-9-0 Ward, William E. & Lucille c/o Reinhart, Bill & Georgia 116-231-002-1 02002 1750 DeBene, Paul A. 121-081-029-5 13000 1.750 Baker, Clyde C. & Gladys M. 118-250-050-2 02013 $1750 Citizens Savings & Loan c/o Devenport, Richard L. & Nancy L. 125-293-001-9 79063 $1750 Wendt, Eugene R. 138-091-001-6 79034 $1750 O'Brien, Jerome F. & Lois T. 166-010-013-0 79083 X1750 Carbone, Gerald & Maxine 171-180-042-3 09045 $1750 Barney, Elizabeth E. R. 0. _'O? , Assistant Assessor Page 2 of 3 1 RESOLUTION NO. ! 7 0035 I " Parcel Number Tax Rate Area Allow Assesses 177-260-002-7 09000 y1_730 High, Louise E. & Pearce, Barbara 180-302-016-1 980041750 Rose, Vernon & Josephine D., Tr 182-140-021-3 98002 1750 Douglas, Robert E. & Mary E. 189-310-042-8 09048 1750 Wells Fargo Bank, Tre Repp, Harriett, Trr 193-350-025-9 66060 $1750 Graves, William L. & Irene C. 193-130-303-0 66061 $1750 Steiner, Mary S. 198-0?3-001-2 66061 $1750 Mastick, Phyllis B. 207-254-002-0 66004 $1750 Kingman, Donald D. & Nina V. 215-310-003-6 66057 $1750 Robertson, Margaret H. 218.-340-071-8 66093 $1750 Denny, Marguerite E. 230-170- 009-8 14002 1750 Mitchell, Caroline Smith 237-121-034-1 1_11.002 1750 Noonan, John M. 374-182-006-6 05001 1750 Delchini, Lawrence J. '& Barbara 503-386-032-3 03000 1750 Kindler Investments c/o Totty, Darryle L. & Saundra 505-301-034-3 03000 1750 Smith, Daniel G. & Juhan, Alice K. 521-041-015-t 85068 1750 Jones, Wendell & Sharon 523-022-013- 08001 1,750 Gins, David E. & Pauline L. FURTHER, on Parcel No. 234-061-025-8, Tax Rate Area 14002, Denis J. & Sonia Damaschino should be allowed the homeowner's exemption of $1,750. The exemption should be removed from Parcel No. 155-370-062-4, Tax Rate Area 05012, in the amount of $1,750. The assessees have been notified. FURTHER, on Parcel No. 544-032-003-3, Tax Rate Area 08001, Charles E. & Lillie M. Goldsby should be allowed the homeowner's exemption of $1,750. The exemption should be removed from Parcel No. 544-332-007-4, Tax Rate Area 08001, in the name of Lillie Maria Goldsby, in the amount of $1,750. The assessees have been notified. I hereby consent to the above changes and/or corrections: R. 0. SEATON, Assistant Assessor JOHN B L�iUSEN, County Counsel SEP 2 0 1977 By Adopted by the Board Page 3 of 3 RESOLUTION NO. 7 r�/777 00358 4""%QiWW qm- Tri iO_;LRD OF SL;r:.:RVISUs,S OF CO2:1'tiA COSTA COt ITZ, 5l' Tom' OF CALIFORRIA In the :atter of Changes of the Assessment Roll ) of Contra Costa Country ) 1 W the County Assessor having filed with this Board requests for correct.-'on of erroneous assessments, said requests having been consented to by the County Counsel; _i UW, TRiZ-FORE .6B IT that the County Auditor is authorized to correct the follow-';ng assessments: For the Fiscal Year 1977-78 Tt has been ascertained from the assessment roll and from pavers in the Assessor' s Office what was intended and what should have been assessed; and, therefore, pursuant to Section Lr831 of the California Revenue and Taxation Code, the following defects in description and/or form and clerical errors of the assessor on the roll should be corrected; rd-±Vr !;R, in accordance with Section 4986(a) (2) the County Auditor should be directed to cancel all or any portion of any tax, penalty or costs on that portion in error as if it has been levied erroneously; and, if paid, a refund on that portion should be made pursuant to Section 5096 of the Revenue and Taxation_ Code; ,I!iL izT =n, in accordance with Section 4985(a) of the Revenue and TaMation Code, any uncollected delinquent penalty, cost, redemption penalty, interest, or redemption fee heretofore or hereafter attached due to such error should be canceled uuor_ the showing that payment of the corrected or additional amount .:as made within 30 days from the date the correction is entered. on the roll - or abstract record as it was impossible to complete valid procedures initiated prior to the delinquency date. The situs of each of these boats and aircraft has been determined to be another county; therefore, the following assessments should be corrected to zero value. Lecount No. AssesQee AccoLint Tyne 51U-739 R. H. Logan Boat 527-761 Williem, Borgen it 562-800 David Nusser it CF0323_ET Delbert D. Hull it CF0476CF William C. Hanson it CFO545Au Willian L. VanZandt U. � Oiti Assistant Assessor Copies to: Assessor (Krs. (:iese) Auditor Tax Collector ffi P&SSe 1 of 6 00 359 .'L:�ccount Fo. Assessee Account Type CF05r-5FE Robert D. Duncan Boat CF0657M James P. Green rr CF07O9:w7W 1K. L. Stensgaard CF 0777h3 Ray '20. Adams CFO890:ER Robert ,;.-,cClelland CF1209LB Dr. Robert Tuttle CF1493CT Sam A. La"Belia, Jr. CF18884YE' Walter j . Chalmers/ C. G. Chalmers CF2284c:-; Arthur Fiscitelli CF23r5W_ Via R. Dixon CF2506EL Rick Delnh CF29991---H Warren Hurtt CF3073FS David Lewis Jordan CF3135EC Jack -Keener CF3226FV Thelma Mary Uri-be CF30196CT Karen Biberman CF4460c3 Sal. J. -71ardo CF4521FB Theodore E. Burdick rr CF5290.,M LeRoy R. Bullock/ R. C. Mawhinney CF6359AF Haluk Akol CF636 el A -5A-!-: Michael M. Turner CF67367-,-, Guy H. Black sr OF6748-;;T Robert M. Miller CF7107MM Joe P . Ruccione CF7465cli Glynn A. Morris CF83943P Eric Waygar Petersen sr 63154 Cecil C. Byrd, Jr. Aircraft 914-a Gary L. Mdner it The following bills were not mailed to the taxpayer since corrections were expected to be made. Further investigation and information received shows these bil.1s to be correct or in the process of being corrected; therefore, these bills slaould be mailed or corrected, but since it was impossible to complete valid procedures initiated prior . to the delinquency date, no delinquent penalty, costtredemption penalty, interest, redemption fee or lien should be attached if payment is made within 30 days from the date the bills are mailed or entered on the roll: CF0151CA John W. Isenberg Boat CF0249 . Oscar Penn It 1-:L; CF075OBC George Coop it CFl465GB Dewayne Y. Eddy It CF1706C-1-1 Martin Freedon CF203L-,CT Nor-man Niarkey CF2231AM Martin Freedon CF2597CL Victor James Cartier CF26113W Wal ter W. Perkins CF271 3EIN' George Sc'niller CF2858EB Paul G. Haley, Jr. CF3105CS George E. Haines rr CFV167CW Stephen L. Santoro R. 0. S.�ATUE Assistant Assessor Page 2 of 6 1001D 001D I Account _No. Assessee Account Type CF 4426EC David A. Gardner Boat CF4707FB R. F. Morgan if CF4781CW Alvie A. Honea it CF-6983AL C. J. Handley It CF 7584- Donald L. Sprayberry It . CF 785SEY Roy S. Cullum if CF8133EF Dennis P. Broussard it CF8629FH Hansjorg Wehrli If CF94-r-6ET Robert A. Torres It OF9737EE Edward irs.s'r•ear 0 233-947 _ Nicholas N. Krager It Since the following boats and aircraft were not owned by the. assessees on the lien date, these assessments should be corrected to zero value. 254-717 Yd chael P. O'Connell tt 258-675 Clyde S.- Marshall " 287-118 J ohn J . Finetti 291-381 Wilbur X. Fowden " 291-853 George L. Cray 'r 507-362 Edward mato " OR512DT77 Robert T. McColley " CF0024AB Virgil W. Pelot " CF0070AH Floyd W. Pierce " CF0324EW Richard L. LaPlante n CF0371_FA Ralph Smith. CF0443 L-EW StaggBruno " CFOl,,59FH David ilacLonald " Cr 0619ER Hank A. Knight " CF0629CZ William A. Arata* " CF06 .8CR ?{. 114artin L. Caraway CF0793LN Stewart H. Shon " CF0821BP Charles W. CooDer " CF0844BD Warren H. Kinney n CF0886ED William H. Lynch " CF 1013BD James i••Ful l in " CF1136BC R. C. Briner/R. L. Briner " CF1263EF Weldon B. Easley " CF13h3CT Keith Houghton " CF1521DA Perry Warren ►r CF1565CG . Earl B. Cox CF-1646F-11 Gary W. Lopez " CF1770LB Jack Downer rr CF17?2L•B Jack Downer " CF1002CW Ted Marchner 'r CF2072ED Richard F. Ahlstrom CF2089 K Julian R. Lawhorn CF219 A^ Ken Berdolt " CF2344L�i Roy B. Slater " CF23763? Frank V. Ruddock " CF2377BC Thomas A. Woodie " CF23862-P R. E. Gimbal, Jr. " CF26600j Peter C. ?:oni llas CF2958123E Leon W. Perkins " R. 0. S kTOIe Assistant Assessor Page 3 of 6 00361 Account 14-o. =lssessee Account Type CF299 4G George Ir_oore Boat CF3190BP Susan L. Rosick " CP3260FIX Mary We s tf all " CF33001-2G Jerome G. Salyers " CF3371LB George Lynda 'r CF34,58AIi Richard D. Williams " CF38292N Jonn R. Simons " CF389OEY Lloyd J. Holm " CF3920CU Brent Turner 'r CF4oa6BR Jack Wesnidge CFt,268FV I-:abet V. stoore " CFL520P�- Harvey 11•1. Sn,-Z tip n CF5060FX Owen W. Borden, Jr. 't CF62?9CB Peter E. Keenan " CF67773S Chester A. Copley, Jr. " CF6909AG i:illiam R. !!Uswick �t CF7035AG Earl L. iicintyre t' CF 707?FZ Joseph Ryan CF•7108Cli Stanley J. Nowicki CF7208AH Farrar Fark Harbor " CF7259PY William L. Barclay " CF7292BIt Adam Zentor 'r CF7321B!, W. B. Abell, Jr. " CF7379FL Howard L. McLain " CF756 , - Aaron Bloomfield " CF774933 Allan D. Gilmore " CF7766AC Robert I-ET. Bemel :t CF 7774111,1 Larry A. Krul " CF7779CK Thomas Reid/Gary Shoop " CF7919FT Bill Littlejohn " CF8120CS Dale A. Despain " CF8168BP Allen K. Minton " CF8203ET Frank R. Lara " CF8417yT Richard J. Spear 'r CF8489L'Y Steve St. Germain " CF8-496FIf Malcolm A. Par'_ rr CF 8561FN Jack Mackrodt " CF8571FR Ralph Garland Sage `r CF8717FJ D. 0. Kuerbis " CF 8788CI5 F. Scott 1 acDougal " CF8998FB Garrett S. Phillips " CF907 z ' B. L. Morgan " CF9120CB George Turner CF9139EL John Plennis Day tt CF9248�J Lowis J. Augustine " CF0278CE Alvin Wullenwaber CF9328FX Robert A. Martin CF9343F11 Steve Aragon CF9"- FR William X. Lynch " CF9007FB Arthur H. Bredenbeck " 1656G Airplanes Inc. Aircraft 2887P. Jay Bradley Bunnin t' 3734Q R. B. Matheson Trucking Co. it 5799G Airplanes Inca is 66516 Pacific States Aviation " ;1'Vol zg" -- R. G. SE.TO Assistant Assessor F age 4 of 6 00362 Account =o. Assessee Account Type 7022L Coast Medical Corp. Aircraft 8798 Jacob Iialin it 8865) Delbert L. Uhland it 90W Geo E. Reeves/Jos A. McKinney if 98088 Sedgewick Head, et al it 9822L Lyons and hill A.I.A. Inc. it The following boats were erroneously entered in the wrong Tax Fate Area; therefore, an adjustment should be made to correct each of these assessments. Correct Tax Account No. Assessee Rate Area CF0303CD77 Charles Baker Booth 66030 CF0377CC Ocee Cale. Brown 0903?I CF0979CH Ralph M. Smyek 8203 CF2570EF ri'illiam J. Frederickson 0100 CF2687FL Arthur Giorsini, Jr. 8203 CF2836FV Leo 11dilliams, Jr. 04000 CF%28BP Jerry H. Thomas 53009 CF3765FL Gordon Lemuel Filson 58001 CF3798M--� Ignazio 9-1 . Castillo 07025 CF4,4-96CIs Robert Harald Sousa 12018 CF4594FA Gerald iVayne Torres 07013 CF4981FB David B. Swanson 11-:002 CF5635YM- David L. 'dilliamson 07013 CF8745;FG Roderick W. HTchan 82038 CF9719FZ ferrel riilliam Motti.n 13002 CF9787CV Heinz Scheibe 53009 Due to incomplete information and instructions in processing accounts, incomplete computer arograzr�s or failure of such programs in the Business/Personalty Subsystem being put into effect this year, errors and rejections resulted on the following boat accounts and should be corrected as indicated below. Correct Account No. Assessee Full Value Cr•!031F.P, A. C. Petersen 4; 1,900.00 CF296432I Ray Howell.,'George Nelson 1,100.00 CF3674CD Kurt Terry Pressler -0- CA,28 FT Jack F. Cathcart 13,440-00 CF4964CZ, Thomas W. Johnson -0- CF5699ER Jay W. Davis 9,180.00 CF58,2CV Richard Martin Demon 1,3L�0.00 CF6326_I Marcia lHarcellini 6$80.00 CF63OFS Herman Henry Wulf, Jr. -0- CF6h94AJ James N�iller 1,500.40 CF6624A-G Lawrence E. Mauch 2,000.00 CF6862EG Robert E. Cross 1,720.00 CF7107CE Tim Nichols/Barbara. A. Nielsen 3,720.00 CF7131EZ Fred H. ►tiirin 27:950.00 CF 7608AJ Ronald C. Langner 1,000.00 CF0^378FG Horace Vincent Favaloro 1,660.00 - CF867A H WE:yne C. Smith 800.00 CF 87li5K G Roderick W. _'•_ohan 2,760.00 u8g9 aFJ Layne Marsh all 3,000-00 CF0958FB i°iendy Ann J ohr_s on 2,280.00 Assistant Assessor Page 5 of 6 o0tis Correct Account io. Assessee Full Value CF9710FZ Jerrel William Mottin 4; 5,500.00 CF9768F B7? Robert J. Oster 3,840-00 C379945EY Kenneth R. Studer 21860.00 099Cw G. H. Young 22,500.00 3a52ZiCecil G. Littlefield 12,500.00 Since the following boats and aircraft were not located in California on the lien_ date, these accounts should be corrected to zero value. Accn,ant -".%o. Assessee Account Type CF0729A'-' Joseph 'ratte Boat. CF2567z-B Ealter A. d ornson " CFL;290.-�-"Z Stanley B. Rend$ CF 7437FF Nicholas Lane, �r. " CF 7629ED Stephen L. Tague " CF6413�'� Frederick 2. Digert " 13254 Airplanes, Inc. Aircraft Since the following boats were stolen prior to the lien date, these assessments s-ould be corrected to zero value. CF53051T James K. Jefferies Boat C'7909 Edward G. Dumin, Jr. 11CF- -'(r 3?=G77 Claudio G. Rubio " Because of damages incurred priuk to the lien date, the following accts. are worth less than $400; therefore, these assessments should be corrected to zero value. CF0997A Raymond J . Rose Boat CF1114FT Charles E. Scott C F 2 496FL Lucille A. E=- iquez " C 463Lz'-, Ross Y-core _gill " W6.29-3 Earl M. Hopkins Aircraft FLRT-P�c, for the fiscal year 1976-77 The following boats were not owned on thy, 'lien date; therefore, the following assessments should be corrected to zero value. Code rand A ssmt. No. Assessee Boat No. OIC0 -0173 Robert Crary CF 039ak 98CO2-0016 Bruce Holz CF4020CJ The following boat was not located in our county; therefore, this assessment should be corrected to zero value. 06002-015.5 Zialien R. ransen CF 097t,FR Through a clerical error, the following assessment was made on a boat 'Which had been determined to be worth less than $400. This assessment should be corrected to zero value. 72eo9-ca36 Vernon Cline CF-5235FT I hereby consent to the above -C Z7 and/or corrections. E. G . J c�:TC� T � kssistart Assessor' JG. f�R: CLADS _' b r:� Cour_sel t°/7/77 De3dr"j- Adopted by fF.e a<d/Soon_._S EP 2 0 1977 ----- ---- -- -------- Page 6 of 6 00316.1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Changes ) of the Assessment Roll ) of Contra Costa County ) RESOLUTION N0. WHEREAS, the County Assessor having filed with this Board requests for addition of escape assessments ; NOW, THEREFORE, BE IT RESOLVED that the County Auditor is." directed to add the following escape assessments.: For the Fiscal Year 1977-78 It has been ascertained -from papers in the Assessor's office that property belonging on the local roll has escaped assessment; and, therefore, pursuant to the Revenue and Taxation Code, Section 531, escaped assessment should be added to the unsecured roll as follows; and business inventory exemption allowed in accordance with Section 219 as indicated; and, as indicated, loo penalty on net tangibles for failure to file within the time required by law per Section 463: Benninghoff Restaurants , Inc. - Acct. #010474-E00.0 P. S." Imps $144,100 F.V. Pers Prop 3431.700 F.V. Bus Inv Ex 1,090 A.V. 10% Penalty 171444 F.V. Brown Newspaper Pub. Co. , Inc. - Acct. #016540-E002 Pers Prop $ 1,061 F.V. Sonja Carr - Acct. #021184-E000 Pers Prop $ 680 F.V. P S Imps 1,460 F.V. 10% Penalty 216 F.V. Edwin David Chapman Acct. #023150-E000 Pers Prop $ 2, 740 F.V. 10% Penalty 274 F.V. Donald G. & Karen L. Clark - Acct. #024416-E000 Pers Prop $ 2,080 F.V. Bus Inv Ex 200 A.V. 10% Penalty 128 F.V. Assessees have submitted signed business property. statements . R. 0. EATON; Asst. Assessor t9/14/77 cc: Assessor-Mrs. Giese, 920 Main St. Auditor _ Tax Collector RESOLUTION N0. Page 1 of 00 � �. .icnomv...�'.�."�':,.•_«" - e -.�':.:�.f<r'"x.. n.-....�-. .:.v.^,:5:'•E.:"'..-F-�.'... .. YS.+P.'. �G.. _. .,,°d:��.... yf . _. y ..... .. � - _ ""n�JC � ^'�'�'.� ;+ �'�ffia�s�, For the Fiscal Year 1977-78 Angelo Foster - Acct. #045512-E000 Pers Prop $ 376 F.V. P S Imps 1, 784 F.V. Leland M. Healy - Acct. 7'7057852-E000 - Pers Prop $ 2,820 F.V. P S Imps 32284 F.V. 104—Pena)ty 630 --F-.V. Marshall Paul Diehl - Acct. 3081374-E000 Pers Prop $ 4,280 F.V. loo Penalty 428 F.V. Mi-Jack Products, Inc. - Acct. 7#086630-E000 Pers Prop $. 27,665 F.V. Bus Inv Ex 2, 700 A.V. 10% Penalty 1,208 F.V. Bill Nelson Chevrolet, Inc. - Acct. #092390-E002 Pers Prop $140, 800 F.V. P S Imps 18, 712 F.V. Bus Inv Ex 123, 774 A.V. Lavaughn Overcam - Acct. #096192-E000 Pers- Prop 992 F.V. P S Imps 1,500 F.V. Bus Inv Ex .45 A.V. P M I Corporation - Acct. #096500-.E000 Pers Prop $ 11, 860 F.V. 10% Penalty 1,184 F.V. David Perkins - Acct. #099894-E000 Pers Prop $ 5,880 F.V. Bus Inv 'Ex 735 -A.V. Joe Petkovich - Acct. #100544-E000 Pers Prop $ 28,882 F.V. P S Imps 4,382 F.V. Bus Inv Ex 32610 A.V. 10% Penalty 1,880 F.V. Speed-Ox, Inc. - Acct. #121582-E000 Pers Prop $ 10,600 F.V. Bus Inv Ex 540 A.V. 10% Penalty 844 F.V. Benedicto B. Torres , DMD - Acct. #130502-EOOQ - Pers Prop $ 4,144 F.V. P S Imps 123-440 F.V. United States Steel Corp. United States Steel Supply Div_ - Acct. #133150-E012 Pers Prop $ 79,240 F.V. Bus Inv Ex 9,905 A.V. Assessees have submitted signed business property statements. R. , ss t. Assessor Page 2 of OURS; For the Fiscal Year 1977-78 Terry Albertson - Acct. 7':001538-E000 Pers Prop $ 6,000 F.V. Bus Inv Ex 750 A.V. 10% Penalty 300 F.V. Frances Allen - Acct. #002070-E000 P S Imps $ 3, 750 F.V. Pers Prop 1,650 F.V. Bus Inv Ex 25 A.V. Jose F Jack Almeida, et al - Acct. #002372-E000 Pers Prop $ 6,520 F.V. P S Imps 17,168 F.V. Bus Inv Ex 62 A.V. Penalty 2,332 F.V. K. Eric Anderson - Acct. #003685-E000 Pers Prop $ 560 F.V. 10% Penalty 56 F.V. Betty Arnold - Acct. #005140-E001 Pers Prop $ 2,440 F.V. P S Imps 6, 760 F.V. Waldo F. Beck - Acct. #009520-E001 Pers Prop $ 2,960 F.V. P S Imps -0- Frank Belleci- - Acct. #010037-E000 Pers Prop $ 2,560 F.V. 10% Penalty 256 F.V. Card Cage - Acct. #020626-E000 Pers .Prop $ 47,500 F.V. P S Imps 87,S00 F.V. Bus Inv Ex 3,750 A.V. 10% Penalty 11,996 F.V. Arnold $ Katherine Celaya - Acct. #022334-E000 Pers Prop $ 3,800 F.V. Bus Inv Ex 100 A.V. 10% Penalty 340 F.V. Harold Coffin - Acct. #025637-E000 Pers Prop $ 1,040 F.V. 10% Penalty 104 F.V. Danville Decorative Rock Inc. - Acct. #031570-EO01 Imps . . $ 6,620 F.V. Equitec Financial Group - Acct. #040909-E000 Pers Prop $ 3,000 F.V. Walt Frye - Acct. '047223-E000 Pers Prop $ 380 F.V. Bus Inv Ex 38 A.V. 10% Penalty 24 F.V. Assessees have been notified. R. 0. SEATON, Ass ' t. Assessor Page 3 of UV O� I � f t For the Fiscal Year 1977-78 G & G Management Inc. - Acct. #047646-E000 Pers Prop $ 1,030 F.V. Bus Inv Ex 60 A.V. 10% Penalty 100 F.V. Paul Goodall - Acct. #052051-E000 Pers Prop $ 540 F.V. Warren' Rae Hoffbeck - Acct. #060270-E000 Pers Prop $ 440 F.V. 10% Penalty 44 F.V. Terence D. Imai - Acct. #063301-E000 Pers Prop $ 200 F.V. 10% Penalty 20 F.V. Abe Kaplan, Dr. - Acct. #068129-E000 P S Imps $ 2,228 F.V. Pers Prop - 2,327 F.V. Richard Klecker - Acct. #070738-E000 Pers Prop $ 520 F.V. Joseph K. Lee r Acct. 1#074442-E000 Pers Prop $ 3,020 F.V. Bus. Inv Ex 15 A.V. John Littleford - Acct. #076440-E000 Pers Prop $ 7,000 F.V. Richard A. Lloyd Acct. #076680-E001 Pers Prop $ 1,000 F.V. Bruce M. Lochrie - Acct. #076753-E000 Pers Prop $ 3,200 F.V. Barbara Maxwell - Acct. #083023-E000 . P S Imps $ 5 ,400 F.V. Pers Prop 1,900 F.V. McGah $ Bailey Construction - Acct. #084460-E001 Pers Prop $ 8,000 F.V. William. McKee - Acct. #084884-E000 Pers Prop $ 240 F.V. Mechanical Insurance Assoc. - Acct. #085610-E000 Pers Prop $ 2, 200 F.V. Gordon & Roberta L. Mills Acct. #0875.87-E000- P S Imps $ 9,200 F.V. Ronald. Moors_ tein - Acct. #089350-E000 Pers Prop $ 3, 500 F.V. Bus Inv Ex 375 A.V. Assessees have been notified. R. 0. SEAT N, Asst. Assessor A Page 4 of For the Fiscal Year 1977-78 Napa Holiday Mobile Home Sales - Acct. #091697-E001 Poss Int-Land $ 6,360 F.V. ft is -Imps 1,040 F.V. Nash Real Estate, Inc. - Acct. #091842-E000 Pers Prop $ 840 F.V. Lawrence A. & Edna D. Neville - Acct. #092770-E000 - Pers Prop $ 5,640 F.V. Sandra J. Norton - Acct. #094016-E000 Pers Prop $ 2,600 F.V. P S Imps -0- Bus Inv Ex 225 A.V. 10% Penalty 168 F.V. Ronald N. Pacheco Acct. #096620-E000 P S Imps $ 11, 800 F.V. Pers Prop 7,660 F.V. Bus Inv Ex 460 A.V. Paktank Calif. , Inc. - Acct. 7'r097334-EO03 Poss Int-Land 5, 280 F.V. Fred R. Pearl - Acct. #099096-E001 Pers Prop $ 4,484 F.V. P S Imps 211488 F.V. 10% Penalty 584 F.V. Bus Inv Ex 250 A.V. Barry Pellegri - Acct. #099357-E000 Pers Prop $ 1,600 F.V. Bus Inv Ex 125 A.V. 10% Penalty 108 F.V. Myron F. Pollack & Sally Hardy - Acct. #102831-E000 { Pers Prop $ 1,000 F.V. Bus Inv Ex 62 A.V. Producers Capitol Corp. - Acct. #104125-E000 Pers Prop $ 2,100 F.V. Phillip J. Robertson - Acct. #108983-E000 Pers Prop $ 1,610 F.V. Bus Inv Ex 18 A.V. i • John Rodrigues - Acct. #109370-E000 P S Imps $ 20, 700 F.V. Pers Prop 9,900 F.V. - Bus Inv Ex 375 A.V. Menville H. Sattler - Acct. #112987-E000 s. Pers Prop $ 2,900 F.V. 10% Penalty 290 F.V. Assessees have been notified. f R. STAT N, Ass !. Assessor I Page 5 of J I 00369 For the Fiscal Year 1977-78 Tokyo Chicken, Inc. - Acct. 1#130225-E000 P S Imps $ 4,500 F.V. Pers Prop 33*200 F.V. Bus Inv Ex 187 A.V. Walnut Creek T.V. Appliance, Inc. —Acct. #136715-E001 Pers Prop $ 43- 700 F.V. Bus Inv Ex 500 A.V. Charles White, et al - Acct. #140017-EQ0.0 P S Imps $ 740 F.V. Pers Prop 1, 740 F.V. 10% Penalty 248 F.V. James Whitney - Acct. #140210-E000 Pers Prop $ 660 F.V. Bill Williams - Acct. #140935-E000 . P S Imps $ 100 F.V. Pers Prop 160 F.V. 10% Penalty 24 F.V. Windward Travel, Inc. - Acct. #141775-E000 P S Imps $ 500 F.V. Pers Prop 1,050 F.V. Dynamic Management Co. - Acct. #038370-E001 Pers Prop $ 26,620 F.V. Hogan Chevrolet-Oldsmobile - Acct. #060471-E000 Pers Prop $ 1,200 F.V. Bus Inv Ex 125 A.V. Edwin .H.. Jameson - Acct. No. 064917-E000 Pers Prop $ 62250 F.V. Bus Inv Ex 25 A.V. 10% Penalty 612 F.V. William S. Towne - Acct. #130710-E000 - Poss Int-Land $143,040 F.V. " it Imps 252,640 F.V. Assessees have been notified. R. 0. SEAT N, Asst. Assessor - Page 6 of 7 003'70 FURTHER, For the Fiscal Year 1976-77 Ronald Grossman - Acct. #054096-E000 Pers Prop $ 1,900 F-V. Bus -Inv Ex 237 A.V. Assessee has been notified. R. 0. SEA OIC, Asst. Assessor Ado ted b X the Board or�__.,.SEP 2 0 1977^ _ r . Page 7 of 7 00371 t I� IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA AS EX OFFICIO THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT In the Platter of Accepting and ) RESOLUTION OF ACCEPTANCE Giving Notice of Completion of ) AND NOTICE OF COMPLETION Contract with Spilker Tree ) Service, Inc. ) RESOLUTION NO., .77/780 The Board of Supervisors of Contra Costa County RESOLVES that: This Board as ex-officio the Governing Board of the Contra Costa County Fire Protection District on January 18, 1977 contracted with Spilker Tree .Service,. Inc. for performing the weed abatement program for the Contra Costa County Fire Protection District during calendar year 1977, with Fireman's Fund Insurance Company as surety, for work to be performed within the District; and Chief A. V. Streuli reports that said work has been inspected and complies with the approved plans, special provisions, and standard specifications, and recommends its acceptance as complete as of September 1, 1977; Therefore, said work is accepted as completed on said date, and the Clerk shall file with the County Recorder a copy of the Resolution and Notice as a Notice of Completion for said contract. PASSED and ADOPTED on September 20, 1977. Orig: Administrator cc: Record and return Contractor Auditor-Controller Contra Costa County Fire Protection District County Counsel RESOLUTION NO. 77/780 L� ��Z IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Platter of Amending ) Board Resolution No. 77/560 ) Establishing Rates to be Paid ) RESOLUTION NO. .77/T81 to Child Care Institutions ) WHEREAS this Board on July 12, 1977, adopted Resolution No. 77/560 establishing rates to be paid to child care institutions for the Fiscal Year 1977-78; and WHEREAS the Board has also been advised that certain changes should be made to the approved list; NOW, THEREFORE, BE IT BY THE BOARD RESOLVED that Resolution No. 77/560 is hereby amended as detailed below, effective July 1, 1977: Change the rate of private institutions: From To Children's Home/Stockton Group Homes $ 830 $ 861 Lincoln Treatment Group Home 1026 1065 Ettie Lee Homes for Boys Los Angeles and San Bernardino 711 827 Riverside 711 758 Guadalupe _ Guadalupe- Home for 'Boys/Whitewater (no change) 1078 Group Home (addition) 940 St. John's School/Riverside _ 1012 974 Trinity School/Ukiah (no change) 1271 Joychild/Santa Cruz 745 769 Serendipity School/Citrus Heights 2190 2143 Teen Enrichment Center/Milpitas 928 1206 Wilmington Boys' Home, Inc./Wilmington 870 1018 Delete the following private institution: Monthly Rate Charter Oak Psychiatric Hospital/Covina - $1027 PASSED AND ADOPTED by the Board on September 20, 177. Orig: Director, Human Resources Agency cc: Social Service, M. Hallgren County Probation Officer County Administrator County Auditor-Controller County Superintendent of Schools RESOLUTION NO. 77/781 mh 00373 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Amending ) Board Resolution No. 76/1034 ) Fixing Rates for Foster Care ) RESOLUTION NO. -77/782 } WHEREAS this Board adopted Resolution No. 76/1034 fixing rates to be paid for foster care for the Fiscal -Year 1976-77; and WHEREAS the .Board wishes to Increase the maximum amount for payment of care of children placed in foster homes licensed by the Contra Costa County Social Service Department or the State Department of Health; " NOW, THEREFORE, BE IT BY THE BOARD RESOLVED that Resolution No. 76/1034 is hereby amended as detailed below, effective September 1 , 1977: Board Rates for Foster Care: From To 0 - 6 years $150 $160 7 - 12 years 170 180 13 - 21 years 200 221 Per Diem Rate for Children in Emergency Foster Hones: 0 - 6 years _ - 8.00 8.50 7 - 12 years 9.00 9.50 13 - 21 years 10.00 .10.50 Maximum Clothing Allowances for Initial Placements: 0 - 6 years 117 124 7 - 12 years •180 190 13 - 21 years 239 253 PASSED AND ADOPTED by the Board on September 20, 1977. Orig: Director, Human Resources Agency cc: Social Service, M. Hallgren County Probation Officer County Administrator County Auditor-Controller County Superintendent of Schools RESOLUTION NO. 77/782 n% 00374 L '/Wil,-s;,,..i•..�.� :�,,,.vG.<,�.• C✓ 1N THE BOARD OF SUPERVISORS OF CONTRA COST-A COUNTY, STATE OF CALIFORNIA In the Matter of Authorizing ) Certain County Officials to ) sign for and accept Surplus ) RESOLUTION N0, 77/783 Property offered for donation ) by the California State Agency. ) WHEREAS. by Public Law 94-519 enacted October 17, 1975 .amended the Federal Property and Administrative Services Act of 1949 (P.L. 81-152) to permit the donation of Federal Surplus Personal Property through a designated State Agency to any public agency to assist in carrying out or promoting for the residents of a given political area, one or more public purposes, such as, but not limited to, conservation, economic development, education, parks and recreation, public health and public safety; and WHEREAS, eligibility to acquire such property on and after October 17, 1977 must be established, and WHEREAS, it is desirable to establish administrative responsibilities for the procurement of such property; IOW, THEREFORE, BE IT RESOLVED that the Office of Emergency Services shall be responsible for the administration of the Federal Surplus Personal Property Program for all County departments and County special districts except those that can, and do, justify independent participation and are so authorized by this Board; and be it FURTHER RESOLVED that Will H. Perry, Director, Office of Emergency Services Signature N.W. Stiver, Deputy Director �.� � Office of Emergency Services Sig to (alternate Signer) „ Arthur G. Will ! County Administrator Signature (Alternate Signer) are hereby designated as the authorized representatives (Category I) of said County to sign for and accept surplus property under texas and conditions set forth on attached Exhibit A, regardless of acquisition cost, in accordance with the most current County Regulations; and be it FURTHER RESOLVED that its Chairman is AUTHORIZED to execute Assurance of Compliance (SASP Form No. 203) in accordance with requirements established by the California State Agency for Surplus Property; and be it FURTHER RESOLVED that this Resolution shall remain in full force and effect until superseded or rescinded by Resolution of this Board and'submitted to the California State Agency for Surplus Property; and be it FURTHER RESOLVED that the Clerk of this Board is hereby authorized and directed to send a certified copy of this Resolution to the California State Agency for Surplus Property through the County Office of Emer-:ancy Services. PASSED by the Board on September 20, 1977 4 cc: State Agency for Surplus Property through OES OES County Administrator 0037-) ' 4� i F— IBIT A , TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1) It is a public agency.or a nonprofit educational or public health institution or organization,exempt from taxation under Section So! of the Internal Revenue Code of 1954;within the meaning of Section 2036)of the Federal Property and Administrative Services Act of 1949, as amended,and the regulations of the Administrator of General Services. (2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes,or.if a nonprofit tax-exempt institution or organization,the property is needed for and will be used by the recipient for educational or public health purposes,and including research for such purpose.I he property is not being acquired for any other use or purpose,or for sale or other distribution:or for permanent use outside the state,except with prior approval of the state agency. 0', Funds are available to pay all costs and charges incident to donation. (4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of the Civil Rights Act of 190,Title VI,Section 606,of the Federal Property and Administrative Services Act of 1949,as amended,and Section 504 of the Rehabilitation Act of 1973,as amended. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the puipose(s)for which acquired within one year of receipt and shall be continued in use for such purpose(s) for one year from the date the property was placed in use. In the event the property is not so placed in use,or continued in use, the donee shall immediately notify the state agency and,at the donee's expense,return such property to the state agency,or otherwise make the property available for transfer or other disposal by the state agency,provided the property is still usable as determined by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s)of property listed hereon. (3) In the event the property is not so used or handled as required by (0)(1) and (2), title and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shalt direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF $3,000 OR MORE AND PASSENGER MOTOR VEHICLES,REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpose(s)for which acquired and for no other purpose(s). (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s)for which acquired for a period of 18 months from the date the property is placed in use,except for such items of major equipment,listed hereon,un which the state agency designates a further period of restriction. (3) In the event the property is not so used as required by (C)(1)and(2) and federal restrictions(B)(1) and(2)have expired then title and right to the possession of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS.RESERVATIONS,AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s)of time the conditions imposed by(B)and(C)above remain in effect, the donee shall not sell, trade, lease,lend, bail,cannibalize,encumber. or otherwise dispose of such pruperty,or remove it permanently, for use outside the state,without the prior approval of GSA under(B)or the state agency under(C).The proceeds from any sale, trade, lease,loan, bailment,encumbrance,or other disposal of the property,when such action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA cr the state agency,as the,ase may be. (2) In the event any of the prrperty listed hereon is sold,traded,leased,loaned,bailed,cannibalized,encumbered,or otherwise disposed bf by the donee from the date it receives the property through the period(s) of time the conditions imposed by(B)and(C)remain in effect, wiUxlut the prior approval of GSA or the state agency, the donee,at the option of GSA or the state agency, shall pay to GSA or the state agency,as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such dispos,d.as determined by GSA or the state agency. (t) If at any time. from the date it receives the property through the period(s)of time the condition,imposed by(B)and(C)remain in effect, any of the property listed hereon is no lunger suitable,usable,or further needed by the donee for the purposes)for which acquired,the donee shall promptly notify the state agency,and shall,as directed by the state agency, return the property to the state agency, release the properly to another donee or another state agency or a department or agency of the United States,sell,or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to the state agency. (4) The donee shall make reports to the state agency on the use,condition,and location of the property listed hereon,and on other pertinenr matters as may be required from time to time by the state agency. (S) At the option of the state agency,the donee may abrogate the conditions set forth in(C)and the terms,reservations,and restrictions pertinent thereto in(D)by payment of an amount as determined by the state agency. (E) THE DONEE AGREES 7 O I-HE FOLLOWING CONDITIONS,APPLICABLE TO ALL ITEMS OF PROPER"fY LISTED HEREON: (1) The property acquired by the donae is on an"as is,""where is"basis,without warranty of any kind, 12) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with unexpired terms,conditions,reservations,or restriction,occurs,the state agency will be entitled to reimbursement from the donee out of the insurance proL eds,of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items. (F) TERMS AND CONDI"PIONS APPLIC'aKLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 1-EFT OR MORE IN LENGTH) HAVING AN ACQUISITION COS f 01 S3,000 OR MORE,REGARDLESS OF TIIr PUKPOSE FOR WHICH ACQUIRED! Th: donation shall be subject rt) the term,. conditions, reservations, and restriction, ser forth in the Conditional Transfer Document executed by the authorized donee represcatative. F76.233 DE10780 7.77 7,500 003'7; State Agency for Surplus Property SASP Form No. 203 (10-77) ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SECTION 606 OF TITLE VI OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, AND SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Contra Costa County , (hereinafter called the "donee"), (Name of donee organization) HEREBY AGREES THAT the program for or in connection with which any property is donated to the donee will be conducted in compliance with, and the donee will comply with and will require any other person (any legal entity) who through contractual or other arrangements with the donee is authorized to provide ser- vices or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General Services Administration (41 CFR 101-6.2) issued under the provisions of Title VI of thf Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended, to the end that no person in the United States shall on the ground of race, color, national origin, or sex, or that no otherwise qualified handicapped person shall solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any pre-5--am or activity for which the donee received Federal assistance from the General Services Administration; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. . The donee further agrees that this agreement shall be subject in all respects to the provisions of said regulations; that this agreement shall obligate the donee for the period during which it retains ownership or possession of any such property; that the United States shall have the right to seek judicial enforcement of this agreement; and, this agreement shall be binding upon any successor in interest of the donee and the word "donee" as used herein includes any such successor in interest. Dated Ski w 01977Sontra Costa County D e rp4oa BY W. N. Boggess (President/Chairmafr'o�the Board or comparable authorized of-Q cial) 50 Glacier Drive Martinez, CA 94553 Donee Mailing Address 0031.1 1 OFFICE OF COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration 6uildii g' Martinez, Coliforni To: Department Heads Date: September 7, 1977 C 10 From: Arthur G. Will, Subject: New Federal Surplus Property County Administrator Donation Program A new Federal Surplus Property Program will be in effect on October 17, 1977. The new program will be administered by the State Agency for Surplus Property (SASP) . The program• in the past, and envisioned in the future, has made available many categories of usable items for donation to local government. The cost to local donees is a minimal service and handling charge ranging from 20 percent to 10 percent of the established fair value. The categories include, but are not limited to: office supplies and equipment, shop supplies and equipment, . automobiles and trucks and parts and supplies, construction machinery, hand tools and povrer tools. In the past eligible agencies have realized considerable savings by taking advantage of the program. The overall provisions of both the old and the new programs are enumerated on the attachment hereto. I intend to recommend to the Board of Supervisors that the Office of Emergency Services (OES) continue to administer the SASP Program for the county departments and county special districts. OES :ill assist with the paper work for any agencies which are Authorized by the Board of Supervisors to participate' independently because of the volume of anticipated transactions. Any organization desiring to take advantage of the SASP Program or wishing further information on the Program should contact N. 14. (Norm) Stiver, OES, at 372-4461 or 223-5000 for the details and procedures. CAU:sr Attachment 0 77B Akcrofilmed V11h boa cl orcter FEDERAL SURPLUS PROPERTY. OLD PROGRAM NE14' PROGRAM 1. Eligible agencies: Educational, 1. Eligible agencies: Any public agency. medical, health, and civil defense. 2. Permissible usage: Educational, 2. Permissible usage: Conservation, medical, health, and civil defense. economic development, education, parks and recreation, public health, public safety, and others. 3. Restricted to u:;e for which donated: 3. Restricted to- use for which donated: Expendables - 1 yr; automotive - 2 yrs; All items must be placed "in use" for all others except vessels and aircraft the purpose(s) donated within one - 4 yrs; vessels (50' or more) and year of receipt and shall be continued aircraft - 10 yrs. in use for one year; items with an acquisition cost of $3,000 or more and passenger motor vehicles, regardless of cost, shall be continued in use for 18 months; vessels (50' or more) and aircraft shall be continued in use for 10 years. 4. Identification of Surplus Property: 4. Identification of Surplus Property: Civil Defense decal required on all None required. items, if practical. 5. Billing procedures: Items may be 5. Billing procedures: No change. received by Category II Representa- tives followed by approval by the " Category I Representative appointed by the Governing Board; items issued on "Warehouse Issue Sheet" (WIS); Invoices issued following-Category I signature on WIS. 6. Service a:�d Handling (S&H) Charges: 6. Service and Handling (S&-H) Charges: Items with a fair value of - No immediate change, however, sub- $200 or less is 20%; $201 to $1,000 ject to change in the future. is 15%; $1,001 to $5,000 is 107.; mininum issue - $5. 00379 :Y{1C[JiiiiIlF.C� W11h LAO,_;(a Oder ,may-�'"". L^!'-! 94—,',Tt.r.:... ,.. c +. , :.'t. 'a='ems.. ..._« v� .,. - •-•+•e. - .' ..- *.r '7�'L' >v' i'';".._"w.` '.:'ArS�y!mC!9kf,�y,�c; IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Hearing on ) Application of Mr. Morris L. ) September 20 , 1977 Baker for Variances in Card- ) room License for Pacheco Inn. ) This being the time for hearing on the application of Mr. Morris L. Baker for increase in the number of card tables from four to ten and also for extension of the hours of operation from Friday through Sunday continuously at the Pacheco Inn, 5867 Pacheco Boulevard, Pacheco; and Mr. Thomas Coll, attorney representing the applicant, having appeared and urged the Board to grant his client's requests ; and Supervisor E. H. Hasseltine having noted that a proposed floor plan had been submitted to the Board which showed only seven tables, and having questioned whether there would be room for ten tables in the establishment; and Mr. Baker having stated that he planned to expand the premises by adding space currently utilized by a barber shop if the Board approved the ten tables ; and Supervisor W. N. Boggess having quoted from the August 5 , 1977 report of Andrew D. Silva, Fire Inspector, Contra Costa County Fire Department, which says .in part: "On August 3 , 1977 , an inspection relative to fire and life safety was conducted at the Pacheco Inn, 5867 Pacheco Boulevard, Pacheco, California and a reasonable degree of fire safety exists at this time . . " ; and Supervisor Boggess having expressed concern that the report did not relate the safety factor to a specific number of card tables ; and Ms. Dionne Mustard, representing the Pleasant Hill City Council , having presented the Board with a copy of a resolution adopted by the City Council on September 19 , 1977 in opposition to expansion of the cardroom, and having advised that the City opposed continuation or establishment of cardrooms within its sphere of influence; and Mr. Don Wardle , representing the Pacheco Town Council, having also appeared in opposition to the proposed expansion; and Supervisor N. C. Fanden having stated that she would like the Board to limit the number of cardrooms in Pacheco to the existing two establishments and to develop a policy toward an attrition program which would gradually ease out cardrooms in the County; and Supervisor Fanden having noted that the Outpost Casino in Pacheco had recently been granted an increase to seven tables and was allowed to operate on a 24-hour basis on Friday through Sunday, and having therefore recommended that the Pacheco Inn be granted the three additional tables , subject to the approval of the Contra Costa County Fire Department, and the same hours of operation as follows : 24 hours on Friday and Saturday nights, with retention of the 2 a.m. closing from Sunday right (2 a.m. Monday) through Thursday night (2 a.m. Friday) ; �8.� - :M { , t IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Fanden is APPROVED. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order adopted by the Board of Supervisors on September 20 , 1977. - Witness my hand and the Seal. of the Board of Supervisors affixed' this 20th day of September, 1977. J. R. OLSSON, CLERK By , Deputy Clerk Mar raig cc: 'sir. Baker Mr. Coll Ms Mustard Mr. Wardle County Sheriff-Coroner County Treasurer-Tax Collector County Administrator Contra Costa County Fire District vso .z In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Procedure for Processing Cardroom Applications. During the hearing on application of Hr. Morris L. Baker for variances on his cardroom license, Supervisor W. N. Boggess having expressed his objection to the method currently being utilitzed in processing cardroom applications; and Supervisor Boggess having noted that, since an application for a cardroom variance is now filed with the County Sheriff, an illusion has been created that the Sheriff is the approving agency, and Supervisor Boggess having recommended that County Counsel be directed to prepare amendments to the County Ordinance Code requiring the Board to review an application prior to referral to the Sheriff for investigation; and Supervisor E. H. Hasseltine having commented that the final decision on cardroom applications rests with the Board and that in making that decision it is necessary for- the Board to have the repo=zs f_�,.m the Plan-ning Department, Building Inspection and the Fire District, and having indicated that he felt it would be premature for the Board to make a decision prior to receipt of the required reports; and Supervisor R. I. Schroder having expressed the opinion that the Board should review each cardroom application to see if it has merit -and that the Sheriff should not be spending time on it until the Board has formally referred it to said department; and The Board having discussed the matter, IT IS ORDERED that the recommendation of Supervisor Boggess is APPROVED. PASSED by the Board on September 20, 1977 by the following vote: AYES: Supervisors N. C. Fanden, R. I. Schroder, W. N. Boggess. NOES: Supervisors J. P. Kenny; E. 11. llasseltine. ABSENT: None 1 hereby certify that the foregoing is a true and correct copy of an order-entered on the minutes of said Board of Supervisors on the date aforesaid_ Witness my hand and the Seal of the Board of CC,. County Counsel Supervisors County Sheriff affixed this2D h day of d=t-amher 19 7-7— County Administrator J. R. OLSSON, Clerk t . Deputy Clerk Sandra L. Nie"lson M1 04 H •2-13/76 15m l In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of - Report of the Planning Commission on the Request of Laurie Development Company, Applicant, (2151—RZ) to Rezone Land in the Danville Area. Loren Garcia, Owner. The Director of Planning having notified this Board that the Planning Commission recommends aproval of the request of Lawrie Development Company, applicant, f2l5l—RZ) to rezone land fronting approximately 416 feet on the westerly side of Camino Ramon, approximately 290 feet north of El Capitan Drive, Danville area, from General Agricultural District (A-2) to Single Family Residential District (R-15) ; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, October 18, 1977 at 11:10 a.m. in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, Martinez, California 94553 . IT IS FURTHER ORDERED that the Clerk, pursuant to code requirements, publish notice- of same in THE VALLEY PIOkTEER and give notice by mail to all persons shown on .the last equalize` assessment ro'= as owning real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Lawrie Dei-. Co. Supervisors L. Garcia affixed this 20thdoy of September 1977 List of Names Provided by Planning J. R. OLSSON, Clerk Director of Planning By -� c_' /�/ �'.s t Deputy Clerk Robbie Gutlerrez 00383 H-24 4/77 15m I� 0 RECEDED CONTRA COSTA COUNTY J r P /5/ 1977 PLANNING DEPARTMENT I R. OUSON CLERK BOARD OF SUPERVISO;5 y TO: Board of Supervisors DATE: 8 September 1977 Attention: Clerkof the and FROM: Anthony A. Dehaesus SUBJECT: REZONING: Lawrie Development Co. Director of P (Applic) - Loren Garcia (Owner) 2151-RZ, 1.45 Ac. , A-2 to R-15, Danville Area. (S.D. V) Attached is Planning Cotunikion Resolution No. 73--1977, adopted by the Planning Catrmiss- ion on Tuesday, 6 September 1977, by a vote of 4 AYES - 3 ABSIINr (Compaglia, Phillips & Stoddard). This application to rezone 1.45 acres from General Agricultural District (A-2) to Single Family Residential-15 (R-15), was revievied by the Planning Commission on Tuesday, August 30, 1977, and was approved for the above indicated change by a vote of 6 AYES - 1 ABSIIRr (Compaglia). The property is described as fronting approximately 416-ft. , on the westerly side of Camino Raman, approximately 290•-ft., north of El Capitan Drive in the Danville Area. The following people should be notified of your Board's hearing time and date: Loren Garcia (Owner) 919 Camino Raman Danville, California 94526 Lawrie Development Co. (Applicant) . P. 0. Box 806 Danville, California 94526 AAD/v Attacbmeats: Resolution, Findings 1.iap, Area Map, Neg.EIR, Staff Report, Minutes. cc: File 2151-RZ Mr. Loren Garcia Lawrie Development Co. Supervisors, District: I, II, III, IV, V. 1.��crofiln�� •�::;� wc�rd order Vu V tlt74 i RESOLUTION NO. 73-1977 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY LAWRIE.DEVELOPMENT (APPLICANI) LOREN GARCIA (OWNER) (2151-RZ), IN THE ORDINANCE CODE SECTION .PERTAINING TO THE PRECISE ZONING FOR THE DANVILLE AREA OF SAID COUNTY. WHEREAS, a request by LAWRIE DEVELOPMENT (Applicant) LOREN GARCIA (Owner) (2151-RZ), to rezone land in the Danville Area from General Agricultural District (A-2) to Single Family Residential District (R-15), was received by the Planning Department Office on July 6, 1977; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this application on August 12, 1977; and WHEREAS, after notice thereof was lawfully given, a public hearing was held by the Planning Commission on Tuesday, August 30, 1977, whereat all persons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that the rezoning request of LAWRIE DEVELOPMENT (Applicant) LOREN GARCIA (Owner), (2151-RZ), be APPROVED as to the change from General Agricultural District (A-2) to Single Family Residential District (R-15), and that this zoning change be made as is indicated on the findings map entitled: A Portion of the Districts Map of Danville, Contra Costa County, California, Insert Map 20 and Mt. Diablo Division Sector 7. BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: (1 ) The proposed rezoning is in conformance with the General Plan. (2) Is consistent with the pattern of development of surrounding areas. 0038 ) tHca d order RESOLUTION 73-1977 BE IT FURTHER RESOLVED that the Chairman and Secretary of this Cocrmission shall sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Government Code of the State of California. The instruction by the Planning Commission to prepare this resolution was given by motion of the Planning Commission on Tuesday, August 30, 1977, by the following vote. AYES: Commissioners - Anderson, Stoddard, Phillips, Young, Walton, Milano. NOES: Commissioners - NONE. ABSENT: Commissioners - Compaglia. ABSTAIN: Commissioners - NONE. I, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, September 6, 1977', and that this resolution was duly and regularly passed and adopted by the following vote of the Commission. AYES: Commissioners - Young, Anderson, Walton, Milano. NOES: Commissioners - None. ABSENT: Commissioners - Ccmpaglia, Phillips, Stoddard. ABSTAIN: Commissioners - None. Chairman of the P an ing Commission of the County of Contra Costa, State of California ATTEST: .Secretary f the Planing Comnission%of the 'C"Ay of Contra Cosa, State of California 09387 -2- CONTRA COSTA COUNTY PLANNING DEPARTMENT NOTICE OF Completion of Environmental Impact Report x INegative Declaration of Environmental Significance Lead.Agency Other Responsible Agency Contra Costa County c/o Planning Department P.O. Box 951 Martinez, California 94553 Phone (415) 372-2031 Phone EIR Contact Person Contact Person PROJECT DESCRIPTION: -(2}51 LAkRIE DEVELOPMENT (Applicant) - LOREN GARCIA (Owner) - County File 2151-RZ: The applicant requests rezoning of 1.45 acres in the Danville area from General Agricultural District A-2 to Single Family Residential District (R-15), -QR- Subject property is fronting 416 feet on the east side of Camino Ramon approximately 310 feet north of El Capitan Drive. THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT BECAUSE: The proposed rezoning is consistent with the San Ramon Valley Area General Plan and existing development to the east. The project site is within a geologic hazard Special Study Zone; a geologic hazard analysis must be submitted to the County Geologist prior to the issuance of building permits to comply with the requirements of the Alquist Priolo Act. Impacts relating to high liquefaction potential and soil limitations may be mitigated with appropriate construction methods. Sight distance for vehicular egress onto Camino Ramon is poor, but this problem may be mitigation by consolidation of driveways, removal of vege- tation or other means. It is determined from initial study by Alice Bonner of the LX Planning Department that this project does not have a significant effect on the environment. Justification for negative declaration is attached. The Environmental Impact Report is available for review at the below address: Contra Costa County Planning Department 4th Floor, North Wing, Administration Bldg. Pine & Escobar Streets Martinez, California v t ►yam te� Auu .--- 1'2,13-n Final date for review/appeal ' ' us- � 1 f ' B6c3 tiz—-- Planning Departm nt Representative Microl'ifmad vvith board order APO 1 /74 9 71 R-61 t f �, A-2 r� 'r/�t l '�f/'j ,r�• �i r'/ \� 4y'�'' G_� Af •�"f,j�� !f T-^' i% ! •�`.y- '<.� 2/ Rezone FromATo 1 1 '= 800 Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of fpl pORT1D% QR Tum � AL1t~ T1�A r� "RSAP 20 Act,MT Q1A�LS Wv-Mus -SRC-t o0.7 indicating thereon the decision of the Contra Costa County Planning Commission in the matter of �LA% EEVG_4i�,pMENr 2ISL—ARZ Chaiiman of llse Contig-Costaounty / Planning Commission, State of Calif. ATTES� Sec Ietary of the/Contra Costa C6unty Planning Commission, State 6f Calif. Findings Map 388 1 c c` In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 37 In the Matter of Report of Planning Commission with Respect to Proposed Amendment to County Ordinance Code t,'hich Would Establish a New Sign Control Combining District, Alamo, Danville, San Ramon Areas. The Director of Planning having notified this Board that the Planning Commission recommends approval of a proposed amendment to the Ordinance Code which would establish a new sign control combining district for the areas zoned for business and commercial uses in Alamo, Danville and San Ramon; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, October 18, 1977 at 11:15 a.m. , in Room 107, County Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that the Clerk, pursuant to code requirements, publish notice of same in THE VALLEY PIONEER. Passed by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Director of Planning Supervisors County Counsel affixed this 20th day of September 19 77 List of Names Provided by Planning J. R. OLSSON, Clerk By Deputy Clerk Robbie Gutierrez /J 00389 H-24 4/77 15m L , , CONTRA COSTA COUNTY - �` PLANNING DEPARTMENT 1. R. OcSrOu OARD O> SJ?:RVISORS +IRasUSlA O. TO: Board of Supervisors DATE: 8 Sept �.o-o„ Attn: Clerk of the Board FROM: Anthony A. Deha SUBJECT: ORDINANCE CODE AbIb'�`0?r: Sign Director of Plann' ` t Control Combining District for Alamo, Danville, !yj San Ramon Areas of said County. Attached is Resolution Nc 74=1977, adopted by the Planning Commission on Tuesday, September 6, 1977, by a 4ote of 4 AYES - 3 ABSSEW (Compaglia, Phillips, Stoddard). This Ordinance Code Amendment was reviewed by .the Planning Commission on Tuesday, August 16, 1977, and was approved by the Commission by a unanimous rote of the Commission (All Members PRESENT). This amended S-2 Sign Control Combining District is proposed to be applied to the areas zoned for business and carmercial uses in Alamo, Danville and San Ramon. The following people appeared and spoke on this matter and should be notified of your Board's hearing date and time: Eduard J. Har--:s fir. John D. laveaga. 1944 Meadow Road (Chevron Station) Walnut Creek, Calif. 94595 21320 San Ramon Valley Boulevard San Ramon, California 94583 Ken Samuels 700 Clipper Hill Road John M. Grubb, Realtor Danville, California 94526 401 South Hartz Avenue Danville, California 94526 Al Kaplan 532 San Ramon Valley Blvd. San Ramon Valley Chamber of Commerce r Danville, California 94526 120 South Hartz Avenue Danville, California 94526 AAD/v Attachments: Resolution, Ordinance Code Amendment draft, Neg.EIR, Staff Report, Minutes. cc: File ZT 76-6, Sign Control Ordinance Supervisors, District: I, II, III, IV, V. f�'►;a�;:.t�.;. ..is�l board order �VtlJQ ky RESOLUTION NO. 74-1977 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE OF PROPOSED AMENDMENT OF THE ORDINANCE CODE SECTION PERTAINING TO REGULATIONS ON S-2 SIGN CONTROL COMBIN=NG DISTRICTS FOR THE ALAMO, DANVILLE, SAN RAMON AREA OF SAID COUNTY. WHEREAS, the Director of Planning having advised the Planning Commission that the Proposed Sign Ordinance for the Communities of Alamo, Danville, and San Ramon is in need of revision, modification and additions, the Board of Supervisors has directed the Director of Planning to prepare an amending Ordinance to achieve the desired revisions, modifications and additions; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this application on August 8, 1977; and WHEREAS, after notice thereof was lawfully given, a public hearing was held by the Planning Commission on Tuesday, August 16, 1977, whereat all persons interested therein might appear and be heard; and WHEREAS, at the August 16, 1977 public hearing residents and merchants from the area did appear and spoke on this matter both in favor and in opposition; and • WHEREAS, the Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted on this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that the recommendation of the DIRECTOR OF PLANNING be APPROVED as to the modifications, and additions of the proposed regulations for Alamo, Danville and San Ramon, and that this change be made as indicated on the County Ordinance Code, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the reasons for this recommendation is as follows: (l ) Consolidation of S and S-2 Sign Control Districts. (2) Establish Sign Control Measures for implementation for the Alamo, Danville, and San Ramon Area. order 09391 RESOLUTION NO. 74-1977 (3) Modification of existing and additions to Proposed Regulations pretaining to S-2 Sign Control Combining District for Danville, Alamo and San Ramon. BE IT FURTHER RESOLVED that the Chairman and Secretary of this Commission shall sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Government Code of the State of California. The instruction by the Planning Commission to prepare this resolution was given by motion of the Planning' Commission on Tuesday, August 16, 1977, by the following vote: AYES: Commissioners - Young, Walton, Anderson, Compaglia, Phillips, Stoddard, Milano. NOES: Commissioners - NONE. ABSENT: Commissioners - NONE. ABSTAIN: Commissioners - NONE. I, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, September 6, 1977, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Young, Anderson, IYalton, Milano. NOES: Commissioners - None. ABSENT: Commissioners - Campagli.a., Phillips, Stoddard. ABSTAIN: Commissioners - None. Chairman of the Piadning Commission of the County of Contra Costa, State of California ATTEST: Secretary of the Planning Commission of the ` bounty o! Contra Cgsta, State of/California -2- i CONTRA COSTA COUNTY PLANNING DEPART>fENT NOTICE OF Completion of Environmental Impact Report Negative Declaration of Environmental Significance Lead Agency Other Responsible Agency Contra Costa County c/o Planning Department P.O. Box 951 Martinez, California 94553 Phone (415) 372-2031 Phone EIR Contact Person Alice Banner Contact Person: PROJECT DESCRIPTION: AMEND THE 5-2 SIGN CONTROL COMBINING DI STRICT: The existing 5-2 Sign Control Combining District would be amended to apply to business district (R-B, Special R-B, N-B, Planned N-B) in the communities of Alamo, Danville and San Ramon. The Project Will Not Have A Significant Effect On The Environment The intent of amending the 5-2 Sign Control Combining. District to apply to the San Ramon. Valley business districts is to improve the aesthetics and encourage the character of the retail business and personal service areas . Local citizens and groups have had maximum input in this project . Adverse impacts are not anticipated; on the contrary, implementation of the project would have beneficial impacts on the aesthetics and integrity of the business areas in the corrrnunities of Alamo , Danville and San Ramon . It is determined from initial study by Afire Banner of the XXX i{--}Planning Department that this project does not have a significant effect on the environment. Justification for negative declaration is attached. The Environmental Impact Report is available for review at the below address: Contra Costa County Planning Department 4th Floor, North Ring, Administration Bldg. Pine & Escobar Streets nQ Tlartinez, California D Le Poste 1-I 1 U 1�19 Final date for review/appeal k 00393 Planning Depar e t Representative Micror,,rn;:u `:,,,i i:j.:;c; oroer PROPOSED ORDINANCE AMENDING THE ORDINANCE CODE RELATING TO THE S-2 SIGN CONTROL COMBINING DISTRICT The purpose of this Amendment is to make alterations and additions to the S-2 Sign Control Combining District to define certain pro- visions more clearly. The amendments proposed were at the request of the San Ramon Valley Chamber of Commerce for implementation to the Valley business commun- ities of Alamo, Danville and San Ramon. Attached: Ordinance Draft Staff Report Note: Proposals to be deleted are printed in strike-out type. New proposals printed in Italic type_ File ZT-76-6 Microtitr aci wan bcurd order 01,394 .-. .-ray. .`..- ---• «-�--.. STAFF REPORT FOR PROPOSED S-2 SIGN CONTROL ORDINANCE AMENDMENT ORIGIN AND BACKGROUND On February 9, 1975 the San Ramon Iralley Chamber of Commerce by letter form requested the.Board of Supervisors to undertake establishing sign control measures, similar to the Orinda Sign Control District, for the Alamo, Danville and San Ramon business communities. The Board of Supervisors referred the request to the Director of Plan- ning for recommendation on February 17,1976 followed by a Board Order on March 16, 1976 instructing the Planning Director to prepare an Ordinance for the Board's consideration. A Sign Review Committee of nine persons was established within the San Ramon Valley Chamber of Commerce structure to review and make sign control reco. mendations to the Chamber's Board of Directors. The Committee through the months of March to June 1976 held a series of study sessions assisted by a Planning Department staff member which culminated in a draft of sign control recommendations. The Sign Re:-iew Commitee circulated copies of their recommendations to the business establishr.:enzs in Alamo, Danville and San Ramon and using local publicity measures held two open public sessions for community input to the proposals. In September 1976, the San Ramon Valley Chamber of Commerce submitted their recommendations of the proposed sign control measures to the Plan- ning Director. PROPOSAL OUTLINES The recommendations submitted are drafted in form similar to the existing S-2 Sign Combining District in the County Ordinance Code. The proposal is a combination of the S- and S-2 Sign Combining Districts. {Minor alterations were recommended throughout the proposal. (Refer to attached copy of proposal with changes indicated in italics) . RELATED INFORMATION The S-2 Sign Control Combining District Ordinance (74-63) was adopted for the community of Moraga prior to its incorporation. The incorporation eliminated the application of the Combining District in Moraga. The Dis- trict has not been utilized elsewhere in the County and therefore -is a dormant district which can be used as the vehicle for the proposed sign control regulations for Alamo, Danville and San Ramon. 00399 ENVIRONMENTAL IMPACT REPORT Determination of a Negative Declaration was posted on October 20, 1976 on this proposal. STAFF CONSIDERATIONS AND RECOMMENDATIONS: Staff has considered the amendments proposed and have segregated them into four categories with recommendations as follows: CATEGORY I - AMENDAIENTS THAT ARE SEDJANTICAL IN NATURE: Section 88-9.206 Objectives. Subsection a - Complete subsection replaced by similar sub- section from S-Sign Control District (Orinda) . Subsection a-3 - The word community replaces the word urban. Subsection a-7 - The word added is an addition. Section 88-9.1204 Findings Required. Subsection 1 - Is compatible with the character and design of the - replaces a similar sentence in present S-2 District. Reco=eneatrcn: Staff recommends approval of these amendments, however, they have a minimal affect on the present S-2 District. CATEGORY II - SIGNS THAT ARE NOT CURRENTLY CONSIDERED BY TETE S-2 DISTRICT. Section 88-9.602 Under Prohibited Signs. Subsection (b) - Flashing and Blinking sign - is an addition. Subsection (d) (6) - is designed, placed or oriented for freeway exposure except signs on frontages facing the freeway, is an addition to the S-2 District. Subsection (d) (7) - is designed with external neon lighting is an addition to the S-2 District. Recommendation: Staff recommends approval of these three amendments. These are signs which staff has been rejecting under administrative policy for sign reviews under the pre- sent ordinance. CATEGORY III - CLARIFICATION AMENDMENTS. , Section 88-9.824 Projections, Heights. Subsection (b) - The wall of is an addition to the S-2 District. 00395 , -2- Section 88-9.1002 Subsection (f) Display Surfaces. A back-to-back sign is considered as a single face for area computation is an addition to the S-2 District. Recommendation: Staff recommends approval of these three amendments. They will help the administration of the Ordinance. CATEGORY IV - ROOFS.IGN ADMENDMENT. Section 88-9. 824 Projections, Heights. Subsection (a) Mansard Roof Sign. Allowance at Controlled Locations Amendment. This Amendment was requested due to the recent approval of the Sycamore Shopping Center and other buildings which have mansard roof designs with signs on the roofs. The mansard design in many recent buildings approved is being applied as a combination wall and roof. The portion which replaces a front wall or portion thereof is the area this Amendment is intended to allow signs to be placed on. Recommendation: Staff recommends approval with height limit changed to 12 feet instead of fifteen feet above ground grade at front of building. JM:gg 3/14/77 File ZT"6-6 -3- 00397 PROPOSED ORDINANCE MENDMENTS TO THE S-2 SIGN CONTROL COMBINING DISTRICT - CHAPTER 88-9 ORDINANCE NO. 77- (On Sign Control Zoning) - SECTION I. To provide for different regulations of the design, size and location of signs from those in County Ordinance Code Chapter 88-8, Chapter 88-9 is added to the Code, to read: CHAPTER 88-9 S-2 Sign Control Combining District Article 88-9.2 General. 88-9.202 General provisions. All land within a land use district combined with an S-2 combining district shall be subject to the following regulations. 88-9.204 Purpose. The purpose of this chapter is to provide minimum standards to safeguard life, health, property, and public welfare by regulating and controlling the design, quality of materials, .location, and maintenance of all signs and sign structures. 88-9.206 Objectives. (a) The objectives of, and justification for this co the -.,aricus re�_ations to sicns and outdoor advertising structures, as conta=ned in this chapter are to: (1) Provide a reasonable system of controls of signs, integrated within the comprehensive zoning plan set forth in this title; (2) Encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing; (3) Encourage a desirable urban cornmuni-ty character with a minimum of overhead clutter; (4) Enhance the economic value of each community through the regulation of the size, location, design, and illumination of signs; (S) Attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience; (6) Encourage signs which are compa .ible with adjacent land uses; (7) Reduce added traffic and safety hazards through proper location and design of signs. (b) The attractiveness of the community is an important factor of the general welfare of the citizens of the County, and that reasonable control of signs is in the public interest. 00398 i Article 88-9.4 Definitions 88-9.402 General. Unless otherwise specially provided or required by the con ext, the following terms have the indicated meanings .in this chapter. 88-9.404 A-board. A-board is a portable sign capable of standing without support or attachment. 88-9.406 Accessory Sign. An Accessory Sign is a sign which identifies the business or organization located on the premises, or advertises or in- forms about business, products or services sold or rendered on the premises. 88-9.408 Community Directional Sign, A Community directional sign is a sign directing to or informing of the location of a community service organ- ization, public facility, church or other place of public worship, hospital, school, cemetery, eleemosynary institution, or the like. 88-9.410 Construction Sign. A construction sign is a sign identifying the architect, engineer or contractor directly connected with a construction, repair or renovation which is in progress. 88-9.412 Free-standing Sign. Free-standing sign is a sign which is indepen- dently supported in a fixed location and is not attached in any way to a building or structure. 88-9.414 Frontage, lot. The frontage of a lot is the length of the property line which is also the right-of-way of a public street; and if the lot fronts on more =han cre street, she longest such property line is the frontage of the lot. 88-9.416 Frontage, premises. The frontage of premises is measured along theo� rirontal dimension of a frontal elevation of the premises in which there is public entrance and which faces either a public street or other public open place. 88-9.418 Mobile Sign. Mobile sign is a sign mounted on any type of device which is movable or capable of being moved by a vehicle. 88-9.420 Moving Sign. A Gloving Sign is a sign which has actual or apparent moving, revolving or rotating part actuated by an electrical, mechanical. or other device or by wind current. 88-9.422 Non-Accessory Sign. A Non-Accessory Sign is a sign to advertise something other than the name or occupation of the user of the premises on which the sign is located, or the nature of the business or activity conducted thereon, or goods and services other than those primarily sold, produced or manufactured thereon. 88-9.423 Non-Conforming Sign. A Non-Conforming Sign is one lawful before theprop s ons of this Chapter or of any relevant amendment hereto is.effective but which thereupon violates them. 88-9.424 Permanent Sign. Permanent sign is a sign intended or constructed toa u6^ sed ±or a period greater than ninety calendar days.. 00399 -2- 88-9.426 Political Sign. Politic.-;I sign is a sign designed for the purpose of advertising support of or opposition to a candidate or proposition- 88-9.428 Projecting Sign. A Projecting sign is 'a sign, other than a wall sign, which is suspended or supported by a building or wall and which projects out from the building or wall. 88-9.430 Reader Board. A reader board is a permanent structure upon which is displayed advertising material or copy of a temporary or changeable nature. 88-9.432 Shingle Sign. A shingle sign is a wooden sign which is suspended below a canopy, overhang or covered walkway, is not internally illuminated, and is used only to announce the name of the business conducted and the principal . classification and brand of goods sold or service offered on the premises. 88-9.434 Sign. Sign means any structure, building, or natural object or surface or a device or arrangement attached to or painted or represented upon a structure, building, or natural surface which attracts, or is intended to attract attention to an object, product, place, activity, person, institu- tion, organization or business, or which displays or includes a letter, word model, figure, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction, advertisement, declaration or illustration. 88-9.436 Temporary Sign. Temporary sign is a sign intended and constructed to be used for a period less than ninety calendar days. A placard is a tem- porary sign. 8S-9.:38 Use. Use is a purpose or activity for which the land or building is designed, arranged, intended, or for which it is occupied or maintained to function as a separate unit. 88-9.440 Window Sign. Window sign is a sign maintained on or painted upon a window, not including a placard placed on or attached to a window. Article 88-9.6 Prohibitions, Exemptions 88-9.602 Prohibited Sims. (a) No person shall erect or maintain a sign contrary to the provisions of this code. (b) No person shall erect or maintain a mobile sign, moving sign, non- accessory sign, flashing or blinking sign or reader board. (c) No person shall erect or maintain a sign which is dilapidated. (d) No person shall erect or maintain a sign which is: (1) Portable; (2) Attached to a fence; (3) Painted on or attached to a vehicle which is parked for the purpose of advertising to the passing public; (4) Painted on a wall, bench, structure or building; (S) Supported by exposed wires or cables; or (6) eempesed-e€-paper;-eleth-er-ether-pliable-material-exeept-€er windew-sigRs-and-temperary-signs: is designed, placed or oriented -3- 09400 for freeway exposure, except frontages facing in the direction of the freeway. i7J Is designed with external neon lighting. 88-9.604 Exempt signs. The following signs are exempt from this ordinance, except as otherwise specified and except as to regulations pertaining in general to location of signs with reference to street intersections and freeways. (1) Signs of a governmental agency, including a traffic or similar required regulating device or warning device; (2) Memorial or historical tablets or signs; (3) Nameplate indicating the name and address of an occupant; (4) Signs required to be maintained by law or governmental order, rule or regulation; however, if the sign area is not prescribed, it shall not exceed ten square feet per lot; (5) One flag of a civic, philanthropic,' educational. or religious organization for each such premises; (6) Signs (not over four square feet in sign area each) for the direction or convenience of the public (such as to identify restrooms, location of public telephones, freight entrance and exit, or the like, or no-trespassing or danger signs); and (7) Barber poles; and Signs which cannot be seen from a public street or .adjacent property. Article 85-9.8 General Regulations 88-9.802 Area Computed. A sign's area is its display surface area; and it is computed by including the maximum single display surface which is visible from a ground position, and excluding the structure supporting a sign unless the structure is designed in a way to form an integral background for the dis- play. 88-9.804 Area - General. No sign shall have an area exceeding two hundred square feet. 88-9.806 Area - Churches. No bulletin board for a church or similar insti- tution announcing its name and activities shall exceed twelve square feet in sign area. 88-2.808 Area - Lots. No sign on a lot where no building exists shall have an area exceeding one and one-half square feet per one thousand square feet of lot area, but not over sixteen square feet of sign area. SS-9.510 Area - Walls. No sign on a wall shall have an area exceeding ten percent of the wall's area excluding the area of all other signs on the frontage of the premises. SS-9.812 Area, Windows, Shing4es. No window sign, including temporary window signs, shall have an area exceeding ten percent of the area of the window on which it is placed. Ne-shin-le-sign-shall-exeeed-S-square-.feet-int area. 00401 -4- 88-9.314 Area - Shingles. No shirrrle sign shall exceed five square feet in area- 80'-9.820 Location. All signs shall be located only on the frontage of premises, but on not more than two frontages of any one premise. RR-9_R2? Letters, lights. (a) No letter or character contained in a sign shall be over four feet high. (b)--Nees-shall-be-eare€illy-and-sparixgly-used-in-s}gas-te-aveid-blataney and-garishness: (b) No sign designed with external neon lighting shall be permitted. 88-9.824 Proiections, Heights. (a) No sign or portion thereof (including towers, frames, or other protrusions considered part of the sign) shall pro- ject above the reef-line-er-ridge-line-of-tke-btuilding-te-wkiek-it-is-attaeked. eaves, facia, or Parapet of the building to which it is attached, except signs may be located on the lower front slope of a mansard roof provided signs are located forward of the front wail of a building and do not exceed fifteen feet height above ground grade at front of building. (b) No sign shall project more than one foot from the wall of a building, except that a shingle sign may extend a maximum of six feet but shall not extend lower than seven feet, four inches above the sidewalk. (c) No signs on walls shall extend higher than fifteen feet above the ground. 88-9.825 Vehicles. No vehicle which has attached to it, leaning against it or suspenc-fed from it a sign, not an integral part of the vehicle, except political signs, shall be parked on a street or lot. Vehicles with political signs shall not be parked for more than twenty-four hours on any lot. . 88-9.828 Obsolete Advertisement. Any sign which advertises a service, product, activity or land use shall be removed immediately upon suspension, termination or abandonment of the service,product, activity or use. 88-9.830 Upkeep. Every sign shall be kept up and maintained in a secure and safe condition. If the sign is not secure and safe, kept up and in a good state of repair, the Planning Department shall give written notice of this fact to the owner of the property or person responsible for the maintenance of the sign. If the condition is not corrected or eliminated within the time specified, the permit may be revoked and the sign removed in the manner pro- vided. 88-9.840 Illegal signs, Nuisances. (a) Declaration. Every sign violating this code, or existing outside or removed after its limited time period, or being unsafe and imperiling the safety of persons or property, is a public nuisance. (b) Abatement. In such cases, the Planning Department may mail to the owner of the property on which the sign is located, and to the owner of the sign or the person for whose benefit it was made, written notice of such vio- lation or condition and demand that he remedy the same within thirty days or the County will remove the sign and sign structure and the cast of removal will become a lien against the property upon recordation of a docy�nf ,��!! . this effect. UU 11 -S- ' 1 Article 88-9.10 Special Regulations SS-9.1002 Freestanding Signs. (a) Height. No portion of a freestanding sign shall be higher than the roof line of the building on the lot or twelve feet, whichever is lower. (b) Area. The sign area shall not exceed one square foot for each one-hundred square feet of lot area, up to a maximum of thirty-five square feet. (c) Number. There shall not be more than one per shopping center complex, area, development or building, under single control. (d) Uesigif The design shall be architecturally compatible with the building or complex it is serving. (e) Lot Size. There shall be no freestanding signs on lots with frontage of one hundred sixty twent -five feet or less. (f) Display Surfaces. Display surfaces shall be back-to-back, and shall not exceed two in number. A back-to-back sign is- considered sconsidered as a single face for area computation. (g) A freestanding sign shall not contain information other than the address of the premises, and either: (1) The name of building complex; or (2) The logo and/or name of a single tenant. 88-9.1004 Political Signs. (a) Placement. Only one political sign may be erected or dis- played on a lot. (b) Size. The sign area shall not exceed six square feet. (c) Time Limits. Political signs may be erected or displayed only from sixty days before an election until ten days after the electon, both inclusive. 88-9.1006 "For sale", "for lease", and contractors. (a) Number. There may be only one temporary accessory sign on any lot or premises advertising the land or premises for sale or lease, or construction work thereon. (b) Area. The area shall not exceed twelve square feet. (c) Time Limit. The sign shall be removed within fifteen days after the sale or lease is made, or the construction is completed. 00403 -6- 88-9.1008 Service Clubs. Despite Section 88-9.602(a) , one nonaccessory, freestanding sign structure for service clubs shall be permitted at each main entrance to the community, if the zoning administrator approves its location, size, height, width and general design; before its erection. 88-9.1010 Community Direction Signs. Such signs are limited to two direc- tional signs per land use, each not exceeding three square feet in sign area. Article 88-9.12 Administration 88-9.1202 Sign Review Procedure. (a) All sign applications shall be reviewed by the Zoning Administrator as provided in Section 26-2.1204 and related procedural provisions. (b) The Board may appoint a sign advisory committee for the Zoning Administrator to consult with. 88-9.1204 Findings required. Before approving an application, the Zoning Administrator must find, in addition to all other provisions of this chapter, that the following conditions are met: (1) The sign has-the-sane-ehatraeter-aad-quality-ef-design-as the-exterier-afekiteettire-a€-the-preperty-axd-area-where it-is-leeated;-axd is compatible with the character and design of the exterior architecture of .the property and area where it is located; and (2) The location of the sign will not impair the use of the property or conflict with the visibility, location or arrangement of existing adjacent signs. 88-9.1210 Nonconforming Signs. (a) No person shall make surface or structural changes to a non-conforming sign which might prolong its life, except to make it conform to all of the requirements of this code. (b) -The owner of a nonconforming sign shall remove it, or modify it to conform, within six months of notification of noncon- formity, unless an extension of time for amortization is allowed. 88-9.1212 Time Extension for Amortization. (a) The owner of a nonconforming sign may apply to the Zoning Administrator for an extension of time within which the sign must be removed. The application suspends the running of the period within which the sign must be removed. (b) The application shall contain the name and address of the sign owner and owner of property, if different, the type of sign, the date erected, the cost of construction, revenue derived, a detailed statement of reasons for the request for an extension, and the length of time extension is being re- • quested. '99s 0 -7- _1 � m Cc) The Zoning Admini:.: -itor shall consider evidence for and against the extens ,oa, such.as: (1) The economic hardship upon the sign owner and land- owner, taking into consideration the investment cost, the revenue derived, and the condition and estimated' life of the sign; (2) The interest and status of the sign owner or user on the property and immediate changes in the use of the property; and (d) If the Zoning Administrator finds, upon the basis of such evidence, that circumstances warrant granting an extension of time within which to amortize, he may fix such reasonable time but not to exceed three years. No more than one three- year extension may be granted. (e) No extension shall be granted for portable signs or signs painted on buildings or structures. 88-9.1220 Variances. Variances from any of the regulations in this chapter may be granted as provided in Section 26-2.1204 and related pro- cedural provisions. Special consideration may be given to coordi- nated sign programs for blocks, clusters or groups of buildings, and to shopping center, theater and kiosk signs. SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the , a newspaper published in this County. PASSED AND ADOPTED on by the following vote: AYES: Supervisors - NOES: Supervisors - ABSENT: Supervisors - ATTEST: J. R. OLSSON, County Clerk and ex-officio Clerk of the Board Chairman of the Board (SEAL) By: Deputy Mary Pennington -8- In the Board of Supervisors of Contra Costa County, State of California September 20 17977 In the Matter of Health Maintenance . Organization Qualification Application. The Board on January 18, 1977 having approved the Prepaid Health Plan (PHP) contract for the 1977 calendar year, it being understood that the County was given the PHP contract because it was part of the Prepaid Health Research, Evaluation and Demonstration Program (PHRED) and that a condition of continuing in the PHRED program was submission of anap lication for qualification as a Health Maintenance Organization (pFIMO) within 270 days of the effective date of said PHP contract (January 1, 1977); and Mr. Arthur G. Will, County Administrator, having advised that the application for HITO qualification must be submitted to the Department of Health, Education and Welfare by September 27, 1977 and having recommended that because of the complexity of the document, it be reviewed by the Internal Operations Ccmm;ttee (Supervisor E3. H. Hasseltine' and N. C. Fanden) prior to submission to the State; and Supervisor Fanden having indicated that she was aviare of the requirement for 50 percent non-Medi-Cal enrollment in the PHP Plan but that she was concerned about the proposal for formation_ of Medical Services as a separate hospital district; and Mr. Will having responded that formation of a hospital district was one of several options under consideration and was not necessarily his recommendation or that of the Director of the Human Resources Agency; There being no further discussion on the matter, IT IS BY THE BOARD ORDERED that the Internal Operations Committee REVIE.'J the HNO application and REPORT to the Board on September 27, 1977. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. CC•. Internal Operations Witness my hand and the Seal of the Board of Committee Supervisors Director, Human resources affixed this 20thday of September 19 77 Agency County Administrator • J. R. OLSSON, Clerk By L. 0 :��+.: 5. yl i r r� ,� �. Deputy Clerk Sandra G- Tilielsor_ 00406 H-24 3/76 15m Human Resources A�-eno t �s � l Dale September 14, 1977 CONTRA COSTA COUNTY Arthur G. 'Will To County Administrator RECEIVED FrOM C. L. Van Marter, Director 1� � SEP If 1977 - J• R OLSSON SUPS H-MO QUALIFICATIONAPPLICATION B CLER SO R,q COP PNERVISon On January 18, 1977 the Board of Supervisors approved the PHP contract for calendar year 1977- As you will recall , we were given a PHP contract for this year only because we were made a part of the PHRED Project (Prepaid Health Research, Evaluation and Demonstration Project). The need for us to be given project status was because of new federal legislation which requires that any PHP be HMO qualified. We were not (and are not) HMO qualified at this time. One o► the conditions on our continuing in the PHRED Project and thus be able to maintain our PHP contract was that we agree to submit an application for HMO qualification within 270 days of the effective date of the PHP contract (January 1 , 1977). Thus, an HMO qualification application must be submitted to the Department of Health, Education and Welfare by September 27, 1977, the 270th day. Failure to submit such an application violates the terms of our PHP contract with the State, violates our agree- ment with the PHRED Project and could result in the termination of our PHP program. The HMO qualification application is ready to be presented to the Board of Supervisors for their consideration at their meeting on September 20. There are two areas in which we will have problems qualifying as an HiMO. First is the 50% non Medi-Cal requirement. This issue is being addressed in the application. We hope to obtain a waiver to this requirement and will seek legislative changes at the federal level directed at permitting us to make reasonable efforts but to recognize that we may never meet the 50% require- ment. I do not foresee any real problems in obtaining waivers on this issue as long as we show intent and reasonable progress. The second issue is really of much greater potential impact and should receive close attention from the Board members. I am attaching "Item 4" from the DHEW requirements and the narrative response which is contained in our, application. You will note that the proposal starts the Board down a road which will change the relationship between the Medical Services Depart- ment and County Government and will eventually establish a separate, countywide health district with an independently elected Board of Directors. This proposal is in response to the requirement that one-third of the members of the Governing Board of the HMO be members of the HMO. Since the Governing Board of our HMO would be the Board of Supervisors, either one-third (two members) of the Board of Supervisors must be members of the HIMO or another group must be formed which has some level o` delegated authority from the Board of Supervisors. The proposal which is attached should be reviewed carefully by the Board members and based on their review some. action on the entire application should be taken. 0V�V~f V V ! Aaaofilmed with board order A. G. 14i i l , Admi ni strator September 14, 1977 Page 2 HMO QUALIFICATION APPLICATIOU The full application will be available at the Board meeting, but the attached summary and abstract. of Item V4 should give the Board members some idea of ghat they will be considering. CLW''1:cl g Attachments cc: George Degnan, M.D_, Medical Director 00408 �m -^-w t, ITE.N1 fi rescib: the cumpo%idoc. sdcc oa proce::. e:td 3�=:S:tUa 0. t7`.'- t:tlily$ B01:d rors or O::St. ! g.�i cy-^r Eat hudy.(l10.103(ii)) e a. Dicaz MUa•raprese-:a:ic:t on L:a poi..cy- r..s a: bray. if :cr+ece arra :,.t_lu=es ail %Ilia. _ b. Liar.tan erl.:ect 'sody r:t:athe:s . tr:.%S.espi-muonofaM.—C. and c--oil a: S"a2tis.The list S oc;d i.dicats...:y pS.^oa fi T7ItdSS or b_.:.:[ :1 0:�:••:s}ia'f. comu-no:f Z-Crwx..hip.o trt.•3:�'�• 1 eilp; I'm rra.�ion o€ as aim.:'s�s::s_ ;ecetioa.e= j Se:tii-;or lite".4Ni03 of a p:o:rs;eo:ul~hent'^.Ss:r;_-r - t0 tit_entity(s 2di: fi:ariiai::'.steo i;).Tisa zpplic� { tion sb:ail 3:a:= any or fiw1ndil intareSt (. - - aee_rt:in,-ftor»bmEt-ts;with the HIM-0.'Descnbe twos: i prisons r.tXd;,t:�!;.a one j.d t.�li�.'•ncmbc.rep.. S;n:loa ca the lsoud.of Dirrunom. c. Dw�ciba azy e-.0-w--d chanpts :o t'ts policy- ; a3 body eo^;oaidon; pmvide a of I..* _ • evens Isdiia eta to and emlr..%in3:i g ui i sucz pisn:.-.d titan ss. (I) tii;tr_ _pp:opliate. Speci.% Compl ice tiit; ! . can third r^=-mbar rxtticarent 4:..:i.:I yet.-of tan date ONImmma- :ion.{T 10.I03(h)(1)3 d. ldea*.°y_oto orarimdons :.hat have d.:•.-mct ;_ poli y-rm,=x kwoiwnent vita t t ea::?y{ownership, _ - wtiaj. xzsers--d board nemhershsp, ranr3_nert or i - other). -. (1) Identify any [such] by tine mIO s • entity. ! — 72 ' _ 00409 Vit}:in rnrrativa 2 I:1), t::e y...•_1'icrin. rather ba•Etvc%v intro- , • e. r 1- ti r v - 7 w •--1 da.C�3 t[i.. t« i4 •.F�:.C� t..•1 Gi.�C ^_:' CC�:i_:C::: ::? is l•iC:ZIC.^.1(i .-:�G].C�i.L• l�• operated by a unit of leea l I;O.-en ::nt. 5.5int there was ! serious problem svr: aur-.tinf t e co:aposition of the Minn's govcrring body -vas ara_n adimbrated in r. co-went by ,'•:r. Iia,:ldinado (p:._e '•13). vorcrning board question will . be treated here, acid the enrolicent-r.:ix p_a:.lesz will be dealt ::ith under SECTIO.: II, A, 2, belos:. U:nile the concerns ::ere resolutely introd.:ced -with no itterpt to conceal the gravity of the natter, it was nevertheless evident tI:at at some paint in this narrative an appropriate and ceaplete er_positio.T of the County's position rswt be -made. Description of the Plan's existing governing body l=ight be siLVly . accomplished through listing the te=s, and other particulars as requested, •Y , of the County`s dully elected Supervisors; none of whoa has any financial or L_ ownership interest in the Plan; none of w'.-.= provides operational -adninistrp_- tine services (other than broad policy direction) on behalf of the plan; none of Whc. is directly involved, or uehose ftemily is directly involved, in provision of professional health services to the Plan; and none of whom Ilan any enrollsent status in the Plan, either! Fortunately, the najority.of the nesabers of the Board do have a broad ad-cdnistrative, 'political, and policy-xaking interest in the, prepaid programs. Under PARI II is filed a listing of. the menbers of the Contra Costa County Board of Supervisors, "terms, expiration of office, end occupations". "Enrolment status" cannot be Cocu=-ented, hoverer. Fzo.a the I� Plan's point of view, item k logically should begin e:ith sub-unit a and (1), thereunder: "Describe any planned changes to the policy raak:ing body composition.; provide a schedule of the events leading up to and cuk.iinat3ng - -73 - . 00410- .. .. 3.:. ::��?: :,'�.....:..i :•::.:•sit:: ::i:�•:•c us:•rc:;�:-i-t:c', ::a�•ci��• c::-:•'is:::�• �+i•�• c::t'-t'r:ir•t? :::�lb�•r .:i hil: year of Ube Zte o: qu:%lifiication. Mhile r:�t preaine•ly z "schadu.e", a hart prepared the followin co::�:•::tzr--f an. proposal. :.e are confident that* the co:^n.unity health co:_rd sion .model described in the :proposal should- neet the requirements of federe-1 aad State laws for a responsitble governing body for the MEMO which in elude:. representatior. b;• enrollees. o-.ratrd reconciling the HIM governi: coar': :nae stetutor f requirement for one-third enrollee representation on the governing board is dr.-matically contrary to structures inherent in local' government. Of course, as far as the M3A laws are concerned, this is simply a late-dereloving artifact: such relationships were not contemplated, or intended, in the legislation,and matters of compatibility with local M ``. political-legal systems were not assessed. DHLV regulations, Section 110.108 (h); is clear: "No later than one year after becoming operational as a qualified health nairtenance organization, at least one-third of the membership of the Board of Directors of the health maintenance organization or in-the absence of-such, its equivalent policy-making body, will be me-tubers of the organization. No member heving ownership or interest in, or employed by or -gaining financing (sic) reward from direct dealings with, the health maintenance orEw :.zation, or with a plan-affiliated institution or organization, and no members of his Immediate family shall 'be included in the minimum one-third member representation on the board or policy making bo ;. . There shall be equitable representation oa the member portion of such policy-making body of -rembers from the medically underserved popula- tions opulations in proportion to their enrolL*lent relative to the entire enrollment; except that if the redicaLy underserved membership is at least 5% of the total enrollment, then such population shall not be without representation; . . . ." The policy making and governing board of the Contra Costa County M Plan is the Board of Supervisors of the County. Unlike the 50-50 enroll- . t. went issue, an argument cannot be r-.de on the rerits of not meeting; this • Y�h1•i.i.1._1lhL i�a1• t'E12•a)I.LC:•r.•:::hy+ [•�� L .4.. . ..�•_C.. t.vC:..ic?st at r•:.1ic:- r-Jfr.,: board of tltc pl.a T:. �1::3v 3:: it Co:^p�L'`.c J r a}.i n f. r t• ccfvr.e, the F*and of Str.) 't'i'inori', ns r4ectce. officials, repr.e..ent the i-.ze:L,is of 2:1 Contra_ Cn " > t 1 �� +• 1 • r • r. !9I r. f 1 best Ca:;-Uta, CCiwh Y, :J Yt.l., and ri:L►L 1 t� act Ira a.tC t►e.. inte,lr sts o: those voters vheneve a_tting ::olio for the }7Kl- Plan; however, . no i.kine In th,-- history of this le�;isla .ion indicates any ca:iaf;ressiaral illin ncss to p_r_.i.t this interpretation. The sedate provides for direct renr enent:tion of enrollees on the policy Z 1:S apparatus_ There is extensive discussion, noreorer, of the desirability of a model deliverer system in which the users have more than a. to=_en say in hoer the prof;rar. vill serve theta. ::or vould an advisor, colaittee meet the requirements of the 3zw. The governing board is charged with directing the program, not advising others vho my actu321y direct it. Although an advisory committee would be highly 4: desirele, especially..& committee sore broadly representative of the nembership than a scull one-third connonent of a governing board aight be., such a committee would have to be villing and able to deal Frith operp-tional questions that do not require significant policy choices. . An advisory com- mittee :could not, in the end, be able to assume responsibility for the nava ement decisions necessary to rzintain a vorhable health maintenance organization. _ Meeting the governing board requirements poses a number of p.obleis. On the following pages is first presented a narrative describing an organiza- tion proposed as a solution, to those problems, follo:red by-three hypothetical questions (with cnsr:ers) slimed at sunply ing rare detail. As noted, %.•e are =iroposin!; creation of a ca:=unity health cc=ission. . - 75 - . 0412 �2af.• .1. L1• �:i:.t.i.:'R- �.t.• :�•i31e/! 1.�• j iT-.;�.• r.r Cr. o'r'e �.. r __—_- C':-__. _ �• �. ars Cil: ':► =,at federal and State requirL`ments far the governing hoard of a 'fled i20 and consti4i:te an, on-.r. ization licensable under the Californ-5: Knox-:Keene Act and o::= with k'r_ich the State c;ui contract wider the CZ..Ufornia Varnan-Duffy Act, the follo:rira characteristics are reco=ended: ° the co. Lission should be created as a legal entity of the Co-LMty b; ordinance or other action of the Board of Supervisors. ° the ne:-bership should consist of nine persons as follows: three to be mecbers of the Board of Supervisors, named by the chairman of the 'Board; three elected by nail billot from the enrolled Medi—Ca? and Medicare members of the KEY PLA11; and three public re-m-bers to be named by the first six. Of the last three, at - least two should be representatives of unions or other employee organizations mho have made the KEY Plan available as as option to their nembership. ° :ae nine should elect a chairman, secretary-treasurer and vice ° Me car.:•cissioa should be required to adopt bylaws and procedures for concocting business including the establisnment of regular neetir_gs, the maintenance of records available to the public, and the conditions under which advisory committees involving persons who are not commission members can be convened and instructed. ' ° Within the Civil Service rules of the county, -the commission should be empowered to name, by sinple majority vote of all nine members, a Director of Health Services vbo sbould not be a voting zm cbsr of the commission., but should be the chief administrative officer of the KEY Plan. ° The co---.ission should also have the usual rules for procedures- to fill vacancies, conduct and certify elections of its neabers from enrolled groups, and other powers to conduct business. ° The ordinance creating the co=ission should provide that vithin a reasonable period - probably three years - all of the six members of the commission v:ho are not =embers of the Board of Super%-Isors vill be elected from enroll:-cent Croups by :Weans that satisg�r the representational requirements of the statute. r �.. In every respect the structural plan. for the coactission should nain- tai:: its identity as a government entity created b1 local. government. As _ 76 _ W41a _rn-tent E,. 1tL it ::: t1.'�::�1:1 C' �..:.�. fii:i�..I':l:l'. �. ser r cc::... .. �. h a ► .�; r_ a.o rr :, ec i .. ic::ir.-!d e e- ica_ - r pre:ant—ati:::,, nor riill it be possible in the lon- run to lin-ft :rating to enr.^.lieea. The ch ract-E.•.'is..3cs lisle'(= above vill lniti^.te R dei•Ca.GLT merit, process loadirf; uli O u t": 1.'l t y to t-1 i::i n t_•r t.:/- t"-: .-ft— w�:.i a blt: to the no:tzrz ss i.,.,ion. I ut:h-a ity to r1 t.:- and de:-ona tr a xe I eld.t."t inCSro:ez.en t and :..':rote:.-nee method-a. I utior, xne. J. o: ibiiltils The =ollovin;; is not in4endez az an e::h uctive lust of co-fission respoD_ibilitics but only to indicate the kind of rimnagwment functions that should be undertaken by the paver ding board of a county-vide. health system•tl:at is also an ham, Regular duties of a com r-nity health con-ission would include: Q Monitoring of the health indicators of -Contra Costa residents for ir_diaations of sex—rice need. Monitoring a-id surveillance of county provider performance and con- tractcrperformuszce to determine adequacy and effectiveness of - services. . c Begiaar and periodic reportinu to the Board of Superl sora and the public on utilization costs and other measurable elements of the program. O Evaluation of services and planning of program development. O Analysis of environmental, personal and occupational health hazards and plans and reco=endations for their elimination or correction. ° Conduct of re&11= public meetings on health conditions including heerirgs on coitract renewals and other policy-actions that affect the cost or accessibility of health care. o Periodic referral planning and evaluation issued to standing sub- committees whose members include representatives of the co=unity's diverse health, cons=er and provider interests. Finances - The goal of the co=ission would be to- assume full financial responsibility ~1 • for services and facility maintenance on behalf of the County. -_Because the - 78 - 00415 • 1?.......:.tit r:•1-v.3.i:i(.sh it .:�::.■ z .�� • .•.. l P 2u x d .. i:l�c o.e.r tt ) o o ::i •, the Got:r2ri.;' j'e;r:L LQ'3:;i:i.1. wilt r t tit CC:;.:Y i.r.v}C':2 t:. +.i%•-i!1..(a 131 i 2'1;3 i:::,-3.1'8 :—.•.s to 'i::ilicate how the conmi::!Zon 7C(."u-14. r..cad22al.ly rassu= the financial r4::r•a:si.Lilities of v. h Ith dintric t but re)t until its o.'ficers anti 7'■`-b-z--Ts vere I -1115 rcr�3o2_iib1C tri the lioters of t:11:: COUT:G;•: • Stn ;e One: The ::o--r.3 of Supervisors vould negotiate the budge::. llocation for rctivities r::d sorvices under the co.=i.ssion's 3urisdictioa but vvuld retain expenc:iture authorities as at . present. ° Stz^;e 'i'wo: the runt of ad--valoren fu:2ds available to the cotrimission would be negrotiated, but. the Supervisors would relinquish discretion ore. expenditures to the com�.^tission. c 'Stage Three: the Yealth District would have pocycr to tax, as have school districts or hospital districts, and :±zirti.nister those funds on behalf of the County. Regardless of ehere the administrative control of the budget or appropriation authority las -- vhether with Board of Superrisors or vith tete cow2i ssior. --- the amount of funds from the ad-valorem source should Y bo goterned entirely by obligations of the County.-and used only to nae- those obligations. To the extent that the County is not obligated to provide services for persons able to pa:,y for them, no County fun at any time should be used to subsidize persons able to pay. District hospitals are public resources a::d should be integrated into the county—aide system. The elimination of special assessment districts to support the hospitals should be undertaken at the point at which. a county-aide assessment district for-all health services is created. TO the ma7.inun possible extent, County fads for services for which the eou-1ty has responsibility or to persons to whom the county has responsibilities should be cozp;2ted on a per capita basis. This vo'ld facilitate the movement from stage one to stage three by decateaorizing the Amds and fixing county responsibility to a formula governed by the . - 79 - 00416 nunibr--= of :xc-dy p;.-r ,svnr, its the Co ui:i.'.'. is t::c rax'::t:.: _possible extant, formula•;;mats Ands ea�tt rc rical fun fro= other sources should be col er ed to ca pita`.ion ��.^..eCn vS nlloving nr:ximu•i 2oaal flzuxibility and prom:-: ina nar.e-nent. Pv,yr_en::s on behalf of en-rollers in the MeY Plan vho have collective baruaininir banefits, or other third party resources, should wherever possible be made on a capi-tCt tion prepaid basis. .Questions and Answers �. Why does creating a co pity health commission also involve integrating public health services with medical services? tly c. 1W they remain separate as at present? A. Gover=xnt programs tend to be as fragmented as the funding; sources because government funds have been made available to meet categorical health problems instead of general community-lode health needs. "The County has a n=ber of categorical, discrete programs, each with its 'own adMinistra- tine structure, each with a separate advisory committee, and each serving one portion of an individual or family need. The trouble is that while programs are categorical, health needs are usually general. Residents of Contra Costa County could be bounced from place to place, there being treated organ by org ninstead of as a whole person. Imagine for a moment that the schools vere organized the way our community health prograns are currently administered. Instead of our children going to an organized Institution complete with a wide range of facilities and trained personnel they rould go to one place fox history class, another place for a math class, and be admitted to the F• m by a coach who had ad fission privileges . r for that facility. The history teacher :.wild be paid a fee and would in turn have an administrative staff and equipment, including audio visual 0041`7 I:1�..:, a.�J �:l::.a...1,3.ry:'� Z. i:L:•f:?a 7 4:`a�Li:l.: .• :f•saL:.l. �iN:a(�:.(: ,aaJi��C� ZI^_ t7.\.117=C.t:a,(;� a.`al:d Co ::atild heco=&-- u :. in , to r.et toL Cerner 1 serius of unrelated ex'pturiences, ti:7js.1.Nrinea= and L:]^.oa Odin.Led, and not dozi ned .._;,SI :!•fir urder,n:ndin;•, of 3 ndi viftAl students' overall eduler.".1on_ • needs. Wi.b. health services ieterrated ta% er coa�i ion adninistration, a patient vould enter one door, icataVaorically speaking, for access to ex crr.cracy services, to relieve his i=ediat a pai4 and reduce threats to his life or the possibility of c?isa: i+i t,,. This would obtain v;hether the health program v.-as Iredical, psychiatric, dental or the treating•-of behavior4l disorders related to drug ,abuse; vahether remedial treatment, whether provision of drugs, surgical appliances; whether counseling, with the aim of restoring the individual to his optimuum health potential; and , vrhether preventive, or health =aintensnce services, to keep him in w. optic^= healtl% and vrhether old or young, relatively yell or chronically ill. The point is simply a matter of contrast. The opposite, fragmented system ,dust frequently do only what the system is permitted to do, rather than vrhat is best for the patient. It v.•o•.zld not be necessary, of course, to integrate all of the. Coiaty's personal health services immediately or at once. The commission should be charged with responsibility for developing a plan to r,ccomplish tiie. integration and supervise it so that it vrill get underlay in a planned and orderly sequence. Q. Isn't the creation of a co.—mission a fragmentation of local goverment? Won't it make accountability to the tcxp.V, ers more difficult by taking. these responsibilities away from the Board of Supervisors? A. t:easured in terms of dollars spent and numbers of persons employed, health has become one of the largest a:tivities in our society. On a - national scale, health expenditures are approaching 10;; ofQthe gross n%ti(n: l In 1:onorf: Cont'a CO:aitt,', }v^:i11:h =t3';: i:�:_L•�Th13 �L•�1� Zai: 03 L.•:'. LOU:Itj 3•Q -er..V tax ripe, i •!C he retik is nna. in s;i,.at. !:'t::in; efficient use ,or i-.'Re3e enor.-ous r eso:SCes and nssu2 i11r p-WEAaccc-unte- ility requ:.res rote are norc attention_ -fro= public officials. Since a re:•: rorernirg body head to bo created to meet the requirements of the federal i:NPI act, it seemed reasonable to adhere to the pattern. effec- tively c:=ployed in other activities such as' municipal water districts, schools, and district hospitals, establishing a bo.tiv Whose r..Mbership could generally reflect the community but ehose responsibilities Would be specific to wsnegz_aent of the County's health resources. Q. If the Board of Supervisors delegate policy and operational responsi- bilities to the co==ssion, khat protects then and tete county ta3g yer from the commission acting irresponsibly and over-spending or at -least ' over-committing County funds? • A. During the transitional stages the commission would only have such • funds as the Supervisors make available to it. When the commission becomes a fully operational health district agency it will then be forced to live with its economic decisions as an assessment district. Its members Would be subject to the shame pressures as our school board members and others who make policy to spend County funds. This commission proposal has"baen introduced through Contra Costa County administrative channels and at date of this Application has been reviewed , by the respective administrative and legal staffs. - 82 - 00A19 i cic_t:3-3::% c e-4%*ails !-ty reL:,%!f% ?it r-al-ant to s u'r.Jrdina.e questions �'q ns l.� w•3t:�'i �4i.. Y: .`'.. t•�C:�.�i'?1L Urtlerser":d Are ran cwz—ar-t•+t on: as Gliscussed, Itpm, nrecedins. tti�u Cownty ucyes not co:ttain '8:3 o=f iccesiBated NUA at the present trL of extental i:3tcrests in entity: since the UY Pla:t is not Fc CO_'poral E Entity, there are rc Sf, `rovlrp rights, transfer, Oti' p.'07ty rig ts, or other direct`, or indirect relations with subsidiary or Other entities or private individuals such as ni&:it confer privileges lerAin€t to pol i e3-making. involvement. (1} here is no such involvement in other organizations b,• the Yt.FM Plan or individual employees of th- iri Plan, and.is expressly prohibited by County ordinanace. Principal administrative em-ploy ees of the Plan have filed conflict of interest disclaimers or reports with the County Counsel s Office as required by County polic_-r (available upon request). Documents Index: The following list pertaining to Item 4 is appended to PART II: 1. Raster of members of Contra Costa County Board .of Supervisors, effective Septecber, 1977. (II, I, C) 83 - - 00420 M-Q MIN CONTRA COSTA COUNTY MEDICAL SERVICES KEY PLAN - PHP/HMO • HOSPITAL AND ADMINISTRATION OFFICES • RICHMOND CLINIC • PITTSBURG CLINIC • OAKLEY HEALTH CLINIC • 2500 ALHAMBRA AVE. • 38TH 3 BISSELL • 45 CIVIC AVE. • 260 MAIN SL • MARTINEZ,CA 94333 • RICHMOND,CA 94805 • PITTSBURG,CA 94563 • OAKLEY,CA 94361 • 372-4326 • 235-8327 439-4070 • 62S-2268 September 8, 1977 TO: C. L. Van or, Human Resources Agency FROM: D. J. Lud 31e or P SUBJECT: Federal HMO Qualification Application (Title XIII) Transmitted herewith are three documents from the HMO qualification Applica- tion: (1) Table of Contents, (2) List of Tables, and (3) Brief Summary. A complete application will be provided for your office. This HMO Qualifica- tion Application is being submitted in compliance with the contract (7029-609) between the State of California Department of Health and the County of Contra Costa - County Medical Services, Article V, Section II (p. 28). This applica- tion is also filed in fulfillment of the Board of Supervisors' order dated 1/25/77, which transmitted the required letter of intent to file this referenced application. The attached Brief Summary recites (on page 3a) the requested enrollment waiver and the requested consideration of plan for a proposed Health Care Commission. This memorandum is our official request to your offices to secure Board of Supervisors approval in principle of the application and authority to submit this application to appropriate Federal authorities. DJL:jas cc: Executive Committee Ida Zodrow E. H. Allport Tom Moore Earlene Clark Files (2) i SJ' 00421 iJ 1 t^ TABLE-ac CONTENTS List of Tables 2 Brief Summary 3 Organization Chart 4 I. Organization Section County Medical Services; organization and overview 5- 23 KEY Plan; legal organization; historical and political evolution 24- 48 Organizational arrargemeuts; referrals, subcontracts 49- 71 Governing Board; Community Health Commission proposal 72- 83 KEY Plan Staff 84- 85 California Statutes and Regulations 86- 97 KEY Plan Grievance Procedures and definitions 98-113 Financial Sub-Section 114-126 Quality Assurance Sub-Section 127-151 Patient rights and dignity 152-154 II. Membership Marketing and Enrollment Section Marketing Procedures and definitions 155-168 Socioeconomic profiles of service area 169-201 KAY Plan anticipated expansion; enrollment data 201-209 Request for 1301 (c) (3) waiver 210-242 Titles XVIII and =; reimbursement, financial aspects 243-248 Open enrollment principles and procedures 249-256 Member Information Sub-Section 257-262 Re-enrollment and conversion Sub-Section 263-267 - Confidentiality of records 268-276 III. Health Services Section Physical characteristics of clinics; staffing 277-287 Provider staff relationship to KEY Plan `' 288-291 Composition of professional staff 291-296 Availability and accessibility of services 297-316 _ Coordination, integration and commitment of Staff to HHO 317-324 Emergency services; County Medical Services and KEY Plan 325-335 Medical Records 336-349 Titles XVIII and XIX; provider certification 350-352 Continuity and coordination of health care 353-363 Basic and Supplemental Services Sub-Section 364-384 (Appointments and gaiting times " 377-380) Exclusions from services Sub-Section 385-392 Member Health Education Sub-Section 393-405 Medical Social Services Sub-Section 406-422 IV. Member Dues and Pavments Section Payment, Community Rating, Co-Payment Sub-Section 423-431 Payment, Supplemental Health Services Sub-Section 433-434 Payment, Medically necessary Emergency Services Sub-Section 435-436 Payment under Government Contract Sub-Section 437 V. Providers ,Section Medical Staff; organization, employee status, continuing education; summary index 438-442 VI. Time-Phased Plan Section Discussion of HM0 Qualification question 443-445 00422 LIST OF TABLES I Funding Based on Allocated Costs, CCCMS Programs, 1975-76 19 II CCCNS: Program Funding by Combined Sources of Funds, 1975-76 20 III KEY Plan Special Purpose Consultant Contracts, 1972-1977 68 IV CCC�MS: Summary of :Medical Audits, 1974-1976 139 V CC County: Historic and Projected Populations, 1860-1990 172 V CC County: Population Growth, 1950-1980 .172 VI CC County: Racial/Ethnic Identity by Census Tract, 1975 173 VII CC County: Family Size, 1940-1980 173 VIII CC County: Population Distribution, Age/Sex, 1975 174 IX CC County: Age and Sex Distribution, 1940-1980 f _ . 175 X CC County: Demographic Characteristics of Persons Age Sixty or Over 176 XI CC County: Distribution of Occupations by Type, December, 1975 182 XII CC County: Nage and Salary; Agricultural and Other, 1975-1977 183 XIII CC Countv: Labor Force/Population Status (-Richmond), 1975 185 XIV CC County: Richmond Labor Force/Population Status, 1975 -186 XV CC County: Disabled Noninstitutional Population (-Richmond), 1975 189 XVI CC County: Richmund Disabled Noninstitutional Population, 1975 190 XVII CC County: Median Household Income, 1975 '192 XVIII CC County: Distribution of Households by Income 1970, 1975 192 XIX CC County: Persons below Poverty Level, 1970 193 XX CC County: Selected Housing Statistics; 1975 195 XXI CC Countv: Number cf Housing Units, 1940-1980 196 XXII CC County: Social Service Caseload, 1965-1980 199 XXIII KEY Plan Enrollment/Termination by Aid-Category, 1974-1976 208 XXIV KEY Plan Enrollment/Termination Rates & Ratios by Category 1974-76 209 XXV KEY Plan: Proposed I-E40-MI Capitation by Participants 240 XXVI CCC?'MS: Personnel Audit, Richmond Health Center 285 XXVII CCC'MS: Personnel Audit, Pittsburg Outpatient Clinic 286 XXVIII CCC?MS: Primary and Specialty Providers XXIX CCC'MS: Distribution of :fedi-Cal Billings by Cities/Towns, 1975-76 302 X'UC KEY Plan: Distribution of 'Medi-Cal Billings by Cities/Towns, 1975-76 303 SCI CCC.MS: Ratio of Medi-Cal Billings to Populations, 1975 Census 304 XXXII CC County: Population of Cities & Unincorporated Areas, •1970, 1975 305 XXXIII CCC`MS: •Distribution of Medi-Cal Billings by Counties, 1975-76 306 XXXIV KEY Plan: Emergency Roam Services, to:*fembers, June 1-7, 1977 330ff XXXV KEY Plan: Out-of-Plan Emergency Services Paid, April & May, 1977 333 XXXVI CCCiMS: Consolidated Summary of Weekly Clinic's, July, 1977 378 XXXVII CCCMS: Clinic Appointments Available in Days, August, 1977 379 - 2 00423. .. BRIEF SUMMARY The Applicant constitutes a medical care systera operated by the County of Contra Costa --a unit of local government and a geographic region coverinn 806 square miles in the San Francisco Bay Area. The County of Contra Costa also co=prises the "health service .area" serviced by thi-Applicant. While similar institutions throughout the nation are commonly referred to as "county hospitals", the Applicant organization prefers to be more broadly identified as Countv Medical Services due to the comprehensive scope of its services and the geographic distribution of its regionalized ambulatory facilities. Foremost among the program elements under its varied services, Contra Costa County Medical Services operates (1), a Medicaid (risk) Prepaid Health Plan.under " coiztract-with the California -Department of Health, pursuant -to authority of the California Waxman-Duffy Health Plan Act; and (2), a Medicare (cost-reimbursement) Health Maintenance Organization under contract with the Social Security Admiaistra- tion, pursuant to authority of Section 1876 of the Social Security Act.- After ct.-After passage of the INO Amendments of 1976, these programs required emer- y action by way of interim authority to continue in existence. A Section 222 Waiver (under 1972 Amendments to the Social Security Act) was negotiated between respective federal and State agencies in December, 1976, enabling the Applicant to continue operation of its prepaid programs on a provisional, demon-- stration program basis. Filing of the present ECMO Qualification Application ss in conformity-with the Section 222 Waiver agreements as approved by-the County -Board of Supervisors, January 18, 1977. - Contra- Costa County. -enjoys a unique position, nationally, with respect to its existing prepaid and reimbursement contracts. The ',%:edicai-d risk agreement with the State constituted the first prepaid plan contract to be negotiated with a local government entity; the Medicare K`i0 contract constituted the first such agreament between the SSA and local goverment, and the second such contract to be concluded by the SSA. - 3 - 00424 • ?'zile the Applicant is seeking qualification as an IDIO pursuant to the man- dates of Sections 201 and 202 (PL 94-460), intent to apply under the 1973 Act (DL 93-222) was established in January, 1976. At that time, discussions of the preceding year had culminated in the decision that.._qualification as an IE-10 was definitely in the best interest of the County's prepaid program, operationally, and consistent with its objectives. Four program objectives are to varying degrees contingent upon successful- achievement uccessfulachievement of MO status: 1. Conversion of all Medicaid and 'Medicare programs operated by County Medical Services to the M- O delivery pattern. 2. Establishment of a vital.part-pay participatory program for the Medically-Needy and ?Medically Indigent residual caseloads_ excluded by Public Assistance. 3. Acceleration of regionalization of services through participatory arrangements with other tax-supported institutions within the County. 4. Expansion of marketing to include private subscriber contracts, com- mencing with public employee groups and labor organizations. ..Implements tion of this objective may require support from Section 1310. The Applicant shall propose Waiver of Section 1301 (c) (3), in a prospectus involving parallel considerations for enrollment of the Medically-Needy and Medically Indigent populations. Additionally, the Applicant is requesting consideration of an alternate plan to meet the one-third member requirement related to composition of the Plan's governing body. A health care commission is proposed frith powers delegated by the County Board of Supervisors. The Applicant organization includes a fully internalized medical staff provider system '.of which eighty percent of the members are salaried employees. Forever, nearly all of the remaining contract practitioners are integrated within the provider system and most are fully qualified members of the Medical Staff. There are two basic sources for the strength manifest in a publicly operated medical and health care system. First, the many. years of experience gained in 3a - 00425 1 meeting all the sundry medical and health care needs of poor and disadvantaged populations; second, the support of public policy to underwrite continued meeting of these needs through a variety of direct or contracted services_ The Applicant, moreover, possesses certain long-established traditions and operating principles, which are perceived as exceeding the practices and patterns of typical public medical care facilities. The Applicant will present the following specific areas. of. strength in this. connection: ° A primary care-family practice orientation, and all that this implies_ ° Unusual continuity of care, reinforced and given added_ meaning by.fam3ly practice principles. ° Patient/member health education programs conditioned, by primary care, family practice and preventive care principles, and of a consequence, developed to a seldom realized extent. ° Preventive care emphasis, established to preclude costly hospitalization and, where possible, to avoid the onset of acute stages of illness_ ° Ambulatory care given first priority and -established in a regionalized dimension. ° Mental health, drug abuse, and alcoholism programs, and programs for the developmentally. disabled, available in exceptional scope and range. ° A Medicaid base, dedicated to the provision of total. health care-. to the . poor and near-poor Public Assistance population. ° A long established record of experience in provision of Medicare services , to the elderly. ° Emergency care without limit in a system traditionally involved in provision of- emergency services to patients who have no other recourse to medical care. ° Referral services in all specialties of- contemporary medical care, readily available and backed up by County policy regardless of cost. ° A necessarily solvent public fiscal system, supported -in 'every rospect by the County -ta_.-base and by the fiscal and legal practices and provisions of public finance and governmental budgeting_ ° Ambulance and patient-transportation services specifically organized and coordinated to.meet the needs of the .poor and disadvantaged, with contracts directly with the County. Frequent sharing of clinical and extended care programs with the County Health Department; with some vital services mutually supervised by both agencies. - 3b - 00426 M sam. vuo.'��--" A .L, ...,-'?sy..� n.. . . 's:uw.^•trot-.,�`t.,. r. 7 _e"?v _n.. _ q _ _ ..:a'[ia...+. - - w X ° Use of allied health professionals as a Matter of Iong sustained policy, not a:, a late innovation. ° An employed, salaried medical staff, fully committed to the H:`IO delivery pattern. — 3c - 0042 In the Board of Supervisors of Contra Costa County, State of California September 20 ' 19 In the Matter of Authorizing Execution of Lease with Tenth and Bissell Associates for 320-13th Street, Richmond, CA. IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED to execute a three year lease with Tenth and Bissell Associates for use of the premises at 320-13th Street, Richmond by the Social Service Department. PASSED by the Board on September 20, 1977 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Originator• Public Works Department Witness my hand and the Seal of the Board of Real Property Division Supervisors affixed thi�0th day of September 19 77 cc: County Administrator--ye 4'w Auditor-Controller - .fie mow. Social Service Department- c/o ?iR. J. R. OLSSON, Clerk Lessor �" B�- l'� Gf Deputy Clerk 1-lakine, M. _aeizf d H-24 3/76 15m 00428 LEASE 320 - 13th Street Richmond, California SOCIAL SERVICE 1 . PARTIES: Effective on J U L 1 1977' , 1977, TENTH AND BISSELL ASSOCIATES, hereafter called "LESSOR" and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY", mutually agree and promise as follows: 2. LEASE OF PREMISES: LESSOR, for and in consideration of the rents, hereby leases to COUNTY, and COUNTY accepts and takes those certain premises situated on the first and second floors of the Richmond One Building, consisting of 20,900 square feet of office space commonly known and designated as 320 - 13th Street, Richmond and more particularly described in Exhibit "A" attached hereto and made a part hereof. 3. TERM: The term of this lease shall he three (3) years commencing July 1 , 1977 and ending June 30, 1980. 4. RENTAL: COUNTY shall pay, as rent for use of said premises, a monthly rental in advance on the 10th of each month during the term of the lease. The rental amount shall be as follows: Eight Thousand Eight Hundred and No/100 Dollars ($8,800.00) per month for the period July 1 , 1977 to June 30, 1978. Nine Thousand Two Hundred Twenty and No/100 Dollars ($9,220.00) per month for the period July 1 , 1978 to June 30, 1979. Nine Thousand Six Hundred Thirty-Five and No/100 Dollars ($9,635.00) per month for the period July 1 , 1979 to June 30, 1980. Rental shall be paid to Tenth and Bissell Associates at One Hallidie Plaza, San Francisco, CA 94102. -1- Microfilmed with board order 00429 5. EXTENSION: This lease may, at the option of the County, be extended upon the same terms and conditions, except the rental shall be adjusted as follows: a. First Option: For a one (1 ) year term commencing July 1 , 1980 to June 30, 1981, at a rental of Ten Thousand Fifty-Five and No/100 Dollars ($10,055.00) per month. b. Second Option: For a one (1) year term commencing July 1, 1981 to June 30, 1982, ata rental of Ten Thousand Four Hundred Seventy and No/100 Dollars ($10,470.00) per month. c. Third Option: For a one (1) year term commencing July 1, 1982 to June 30, 1983, at a rental of Ten Thousand Eight Hundred Ninety and No/100 Dollars ($10,890.00) per month. It is understood and 'agreed County shall give LESSOR 90 days prior written notice of its intention to exercise any option to extend this lease. However in the event COUNTY does not give such written notice, its right to exercise any option before termination of the lease shall not expire until 10 working days after receipt of LESSORS written demand to exercise or forfeit said option. 6. HOLDING OVER: Any holding over after the term of this lease as provided hereinabove shall be construed to be a tenancy from month to month subject to the terms of this lease so far as applicable. 7. USE OF PREMISES: The premises shall be used during the term and extension hereof for purposes of conducting various office functions of COUNTY. 8. MAINTENANCE AND REPAIRS: a. LESSOR shall keep and maintain the roof and exterior walls, including windows- and doors and their fixtures, closures, and hinges, structural supports and foundations of the building in good order, condition and repair. COUNTY shall replace or at its option reimburse LESSOR for any glass windows broken in the demised premises by its employees, agents, or invitees. If broken otherwise, LESSOR shall replace them. However, if more than three (3) windows are broken by vandalism or unknown causes in any lease year, then COUNTY and LESSOR shall share equally in the replacement cost of the number of windows greater than three. b. COUNTY shall keep and maintain the interior of the premises in good order, condition and repair, ordinary wear and tear excepted, but LESSOR shall repair damage to the interior caused by failure to maintain the exterior in good repair including damage to -the interior caused by roof leaks and/or interior and exterior wall leaks. -2- 00430 8. MAINTENANCE AND REPAIRS: (Continued) c. Lessor shall furnish, repair and maintain the electrical, water, plumbing, sewer, heating, ventilating, air conditioning and elevator systems in good order condition and repair, but shall not be responsible for any maintenance required because of abnormal or abusive use. Toilet stoppages shall be deemed to be abusive use and County shall be responsible for cleaning out plumbing waste stoppages, but this shall be limited to local piping connecting plumbing fixtures serving the demised premises to the building drain. Lessor shall be responsible for maintaining the building drain and the building sewer. d. County shall replace electrical lamps, lenses, ballasts, fixture, sockets and switches but not breakers or wiring in the lighting system. e. COUNTY shall not suffer any waste on or to the demised premises. f. LESSOR shall be responsible for the correction of any city building, CAL/OSHA and/or Fire Code Violations provided that LESSOR shall not be liable for correction of said Code Violations which arise out of and are directly related to a change in the COUNTY'S occupancy or use of said premises. g. COUNTY shall provide and install and maintain at the direction of the Fire Marshall the necessary number and type of A-B-C fire extinguishers for the premises. h. LESSOR shall keep and maintain the common areas, parking lot, grounds and landscaping in good order condition and repair. County shall pay to LESSOR its prorata share of the costs and expenses incurred in the maintenance of these areas. Said proration shall be computed in the same manner as proration of utilities. In any event County prorata share shall not exceed Two Hundred Dollars ($200.00) per month. 9. UTILITIES AND JANITORIAL: LESSOR shall furnish during reasonable business hours water, gas, electricity, heat, ventilation, and air conditioning. County shall pay to LESSOR as additional rental its proportionate share of the cost of all water, gas, sewer and electric service used throughout the entire building in which the demised premises are located, except such areas of said building as may be separately metered to the tenants occupying the same. Said proration shall be computed by the ratio that the total number of net rentable square feet contained in that portion of the demised premises which are not separately metered bears to the total numher of net rentable square feet contained in "U 431 -3- `I 9. UTILITIES AND JANITORIAL (Continued) the entire building which are likewise not separately metered. County shall receive copies of all utility bills which are to be prorated for utilities provided. In the event LESSOR leases a portion of the building to a tenant using computers, equipment or methods of operation requiring unusual amounts of utility services, that occupancy shall be metered separately or otherwise excluded from the computation of the above utility payments. COUNTY shall provide its own janitorial service. 10. PARKING: LESSOR, at no additional cost shall provide parking for 100 cars as follows. a. A minimum of Seventy-five (75) parking spaces located on the building lot adjacent to the demised premises. All such parking spaces shall be designated to County specifications. b. The remaining balance of twenty-five (25) spaces located no further than one city block from the demised premises. In addition to the above 100 parking spaces, comencing August 1 , 1977, LESSOR shall provide fifty additional parking spaces located not further than one city block from the demised premises. County shall pay to Lessor, as additional rental , an amount equal to the direct cost of rental of said fifty additional parking spaces from a local parking lot operator. At the option of the County, the number of these additional parking spaces may be reduced from time to time below the maximum of fifty to match actual parking requirements, and the cost shall be adjusted accordingly. 11 . ALTERATIONS: COUNTY shall not make or cause to be made any alterations, additions or improvements to or of the premises or any part thereof without the written consent of LESSOR first having been obtained, which consent shall not be unreasonably withheld. Unless otherwise agreed to in writing, any alterations, additions or improvements to or of said premises, except movable furniture, cabinets and fixtures, shall at once become a part of the realty and belong to LESSOR. 12. ADVERTISEMENTS AND SIGNS: COUNTY shall not place or permit to be placed any sign, advertisement, marquee, notice, awning, decoration, or attachment on or to the roof, front, windows, doors, or interior and exterior walls of the premises or any part of the building without the written consent of LESSOR first had and obtained. LESSOR may, remove any of the foregoing affixed in violation of this paragraph at expense of COUNTY. O(1432 -4- fir"` 17-1 ... :. .... 13. ASSIGNMENTS AND SUBLETTING: COUNTY shall not assign, transfer, mortgage, hypothecate or encumber this lease, or any interest therein, and shall not sublet the said premises or any part thereof, or any right of privilege appurtenant thereto, or suffer any other person (the agents and servants and business invitees of COUNTY excepted) to occupy or use the said premises, or any portion thereof; without the written consent of LESSOR first having been obtained, which consent shall not be unreasonably withheld, and a consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by any other person. Any such assignment or subletting without such consent shall be void and shall , at the option of LESSOR terminate this lease. 14. DEFAULTS: In the event of COUNTY breach of any of the covenants or conditions herein, including rent payment, LESSOR may re-enter and repossess the premises and remove all persons and property therefrom, at the expense of the COUNTY and pursue remedies available to LESSOR under the applicable laws of the State of California. In the event of breach by LESSOR, COUNTY may proceed to repair the building or correct the problem resulting from the breach and deduct the cost thereof from the rental payments due the LESSOR, provided that the COUNTY has given LESSOR prior written notice of said breach. 15. INSPECTION: LESSOR may enter the premises between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted or at any time in an emergency and may employ proper representatives to ensure that the property is being properly cared for, that no waste is being made, and that all things are done in the manner best calculated to preserve the property and in full compliance with the terms and conditions hereof. 16. SURRENDER OF PREMISES: On the last day of the said term, or sooner termination of the lease, COUNTY will peaceably and quietly, leave and surrender to LESSOR these premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition and repair, reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which COUNTY has no control excepted. COUNTY shall not be liable for painting the interior of the demised premises upon termination of this lease. -5- 00433 I v- _,.44 f 17. HOLD HARMLESS: It is understood and agreed that LESSOR shall not in anyway be responsible for damages to persons or property in and upon said premises while said persons are on COUNTY business, and shall not be held liable for any liability, claim or suit for damages to the person or property of anyone whomsoever while in or upon said leased premises during said term in conjunction with the performance of COUNTY business; and COUNTY hereby agrees to indemnify and hold harmless LESSOR from any liability or charges of any kind or character by reason of such injury or damage claim or suit for liability arising therefrom, in, around, or upon said leased premises, except in the case of any structrual ,mechanical or other failure of equipment or building owned by LESSOR, which results in damage to any person or - property, LESSOR will be held liable. LESSOR agrees to hold COUNTY completely harmless from damages to persons or property and shall not be held liable for any liability, claim or suit for damages to the person or property when and if said persons or property are passing through, are in or around said demised premises and are not acting in conjunction with COUNTY business. 18. DESTRUCTION: a. In the event of damage causing a partial destruction of the premises _. during the term of this lease from any cause, and repairs can be made within (60) sixty days from the date of the date of the damage under the applicable laws and regulations of governmental authorities, LESSOR shall repair said damage promptly and within a reasonable time, but such partial destruction shall in nowise void this lease except that COUNTY shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the portion of the premises usable by COUNTY bears to the total area of the premises. b. If such repairs cannot be made in sixty (60) days, LESSOR may, at his option, make the same within a reasonable time, this lease continuing in full force and effect and the rent to be proportionately rebated as provided in the previous paragraph. In the event LESSOR does not so elect to make such repairs which cannot be made in sixth (60) days, or such repairs cannot be made under such laws and regulations, this lease may be terminated at the option of either party. c. A total destruction of the premises or the building in which the premises are located shall terminate this lease. 00134 -6- 19. TERMINATION: It is understood and agreed that if by operation of law or if the building fails to meet minimum standards of health and safety and the County is restricted from making full use and occupancy of the premises, County at its option shall have the right to terminate the lease by giving LESSOR 90 days written notice in writing. 20. RIGHT OF FIRST REFUSAL: Should the LESSOR or his successor in interest during the lease term or any extension thereof elect to sell the demised premises, LESSOR shall give COUNTY prompt notice of such intention and of any offer. COUNTY shall have 75 days on which to meet the terms and conditions of such offer. If COUNTY does not act within said 75 day period LESSOR shall be free to sell the premises in accordance with the terms and conditions of said offer. 21. REAL ESTATE TAX PRORATION: County shall pay LESSOR within thirty (30) days after being requested to do so by said LESSOR as additional rental , a pro rata share (as the percentage of County leased rentable space is to the total building rentable space) of the sum equal to the increment, if any, of City and/or County taxes levied against the leased premises in any year during the term of this lease which may exceed the property taxes for the first tax year following the commencment of this lease in which the leased premises and improvements are fully assessed and taxed, whether the increase in the amount of taxes shall result from any increase in assessed valuation or tax rates or both, and any and all general assessments. It is understood that during the last year of occupancy, said taxes shall be prorated between LESSOR and COUNTY according to the number of full months the COUNTY shall have possession of the demised premises. 22. SUCCESSORS: The terms and provisions of this lease shall extend to and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto, jointly and severally. 23. RECORDING: A Memorandum of Lease shall .be executed and recorded by the parties hereto. This will be in lieu of recording the entire instrument. -7- 00435 24. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the said term peaceably and quietly have, hold, and enjoy the demised premises I without suit, trouble, or hindrance from or on account of LESSOR as long as COUNTY fully performs hereunder. 25. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this lease. COUNTY LESSOR COU Y OF,CONT OSTA, a political TENTH AND BISSELL ASSOC., sio she State of California A Limit r nershi _ g J � j .. By Chairman, Board of Supervi r ROWERTPINCUS3 General Partner ATTEST: J. R. Olsson, --Clerk B Deputy RECOMMENDED FOR APPROVAL: By Countymin trator Y B Deputy, Public Workf girector Buildings and Grounds By Real Property Agent FORM APPROVED JOHN B SEN County Coon e1 r F M351 t Macdonald Avenue t Richmond One Bldg NTEGRAND Macdonald at FcuftaettU+ FKhmond a Goo Beach5lreet San Francisco 94109 415161]-1700 floor «e�+aao.ux-1 I•sr>u....•�w_l 1......ae..r+.nxl eanna�.ir-. •a��.,.•.+,..-+«� �.o++..,....-+.e+.,/ 1n.....ez....a�.! 4..._r._.v...-.+,z . Suite 1333 Suite 1301 G.S.A. (Social Security) G.S.A. (Armed Forces Recruiting Center) 2,771 square feet 2,378 square feet � w J ..,...�. ai..v.as».....r.�.,..a,* ,� Ln r © G"� S 13 1'" - ....-..s?....... ,. ...�r+..iw•. x�. 4.3 ,1 lanrtor ler/cies lan to }' , rD i'y alae \, I e— stair elovalorlobby Suite 105 ek.at raDby Concentrated Employment County of. Contra Costa woman al' man Programs `)rron `,+' women.~ n �a Ga �a a 4,545 square feet i 5,002 square feet 3 - t � 1 Exhibit A Dann 1 Richmond One Bldg INTEGRAND Atacdoruld.tFau�taant^ ale^m«,e 4Ak — 66o seac^stn.: San FfWV6%C0 94109 4151675-1700 floor?r C� G East Stairway Excluded CONTRA COSTA COUNTY alavalor lawy 61 Mon omen p man }--- ■ ■ ■ ■ ■ ■ ■ } c i Exhibit A pang 2 In the Board of Supervisors of Contra !Costa County, State of California September 20 . 19 77 In the Matter of Approval of Supplemental CHDP Budget Federal Title XIX Funds The Board having approved the 1977-78 Child Health and Disability Prevention Plan on April 5, 1977, for submission to the State, IT IS BY THE BOARD ORDERED that it approves acceptance of a State allocation of $87,854 in Federal Title XIX funds and the Budget for such funds as an addendum to the 1977-78 CHDP Plan in order to provide supplemental funds for outreach and follow-up services for County Early Periodic Screening, Diagnosis, and Treatment . activities; and further, that an interdepartmental agreement between the Health Department and Social Services Department for cooperative EPSDT efforts and partial expenditure of the aforementioned supplemental allocation is hereby approved. PASSED BY THE BOARD on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Orig: Human Resources Agency Supervisors Attn: Contracts & Grants Unit affixed this20thdoy ofSPntember 19 77 cc: County Administrator County Auditor-Controller County Health Officer % J. R. CILSSCIN, Clerk Byt-�! ,� .G�_, Deputy Clerk hlzbc ne E!iAf 'e d 00439 H-24 3!76 15m IU THE BOARD OF SUPERVISORS OF CONTRA COSTA COLZNTY, STATE OF CALIFORNIA In the _Matter of Decision on Appeal of ) the Vista Grande Homeowners Association ) from Action of the Planning Co?mnission ) September 20, 1977 on Application for Subdivision 4607, ) Danville Area. ) The Board on September 13 , 1977 having deferred to this day decision on the appeal of the Vista Grande Homeowners Association froi?! Planning Commission_ conditional approval of application for Subdivision 4607, Danville area; and Supervisor E. H. Hasseltine having advised that he has reviewed the problems of developing the site of the proposed subdivision with staff, and having indicated his reservations regarding the design of said subdivision, agreed that it is consistant with zoning requirements and that the circulation element conforms to the topography of the area; and Supervisor Hasseltine having noted that loose soil and water contribute to the occurrence of land slides but that these problems can be resolved with proper engineering techniques; and Supervisor Hasseltine having expressed concern with the visual impact of lots 5 and 6 on Vista Grande Drive, recommended that lots 4, 5, 6, and 7 be combined into a three-lot configuration, that staff continue to monitor soil conditions on the site with particular attention to lots 18 , 19, 20 , 21, and 33 and that said lots be eliminated if found to be a problem, and therefore having recommended that the appeal of the Vista Grande Homeowners Association be denied; and Supervisor R. I. Schroder having expressed concern over approval of said subdivision prior to having a complete soil report; and Mr. H. Bragdon, Assistant Director of Planning, having advised that the soil report must be submitted prior to the filing of the final map; and Mr. J. B. Clausen, County Counsel, having suggested that as a condition of approval of the tentative map the Building Inspector withhold issuance of grading permits on those areas of concern until the final map is approved; and Board members being in agreement IT IS ORDERED that the recommendations of Supervisor Hasseltine are APPROVED and that the Building Inspector withhold grading permits on those lots identified as potential problems until the final map is filed. PASSED by the Board on September 20, 1977. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed Cc: Vista Grande Homeowners this 20th day of September, 1977. Association McBain & Gibbs J. R. OLSSON, CLERK M. T. Snyder Director of Planning Director of Building By Inspection Mamie L. -Johnson, Deputy Clerk V o 440 ._� !III K s IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFOPITIA In the hatter of Hearing on ) Request of Security Oclners ) Corporation (2065--RZ) to Rezone ) September 20 , 1977 Land in the Pleasant Hill Area. ) Messrs. Baltzer & Taylor, OTmers. ) The Board on August 23, 1977 having denied the request of Security Owners Corporation (2065-RZ) to rezone certain land in the Pleasant Hill area from Single Familv Residential District-20 (R-20) to Single Family Residential District-12 (P_-12) , and having requested the Director of Planning and the Planning Commission to review the County General Plan as it pertains to this portion of the Pleasant Hill area; and It having been noted that since the rezoning request was denied, the appeal of Larkin and Susan Breed on the tentative map of Subdivision 4919 became moot; and The Board on September 6, 1977 having granted the request of Mr. James J. Busby, President of Security Owners Corporation, for reconsideration of said rezoning application, and having fixed this time for hearing thereon; and Prior to opening the hearing, Chairman W. N. Boggess having ruled that this matter would again be heard before the Board in its entirety, and having declared the aforesaid actions of the Board on August 23, 1977 to be null and void; and Mr. Harvey Bragdon, Assistant Director of Planning, having described the area involved, calling attention to the fact that the subdivision would bring sanitary sewer lines to an area now served by septic tanks, and having advised that the Planning Commission recommends approval of the proposed rezoning; and nix. Thomas J. Coll, attorney representing the applicant, having appeared and urged the Board to grant his client's request, noting that the proposed rezoning conforms to the County General Plan and citing a petition signed by residents of the area who are in favor of the subdivision; and The following persons having appeared in support of the proposed rezoning: Mr. James Knapp, 1924 Buttner Road, Pleasant Hill; Mr. Maynard Berkowitz, 1948 Buttner Road, Pleasant Hill; Ms. Faith Sanford, 293 MacGregor Road, Pleasant Hill; *Nlr. Dennis Barry, Irvin Deutscher Co. , 2350 Contra Costa Boulevard, , Pleasant Hill; and The following persons having appeared in opposition to the proposed rezoning; Mr. James McLaughlin, representing the City of Pleasant Mill; Mr. Dennis Clifford, attorney representing Larkin and- Susan Breed; Dr. Larkin Breed, 2042 Buttner Road, Pleasant Hill; Fos. Brenda Swann, 2180 Buttner Road, Pleasant Hill; Mix. Alvin Burton, 9 Chadima Court, Pleasant�Hij i Mr. James R. Lawson, 815 Slater Road, Pleasant Hill; and All persons desiring to speak having been heard, and Mr. Coll, in rebuttal, Kavina again urged the Board to approve the rezoning request; and - Supervisor N. C. Fanden having expressed the opinion that the land could be developed at R-20, and having moved that the matter be sent back to the Planning Commission for further study of the County General Plan; and The motion died for lack of a second. Thereupon, Supervisor E. H. Hasseltine having stated that he felt this land should be developed under R-15 zoning, and having recommended that the ratter be referred to the Planning Commission to consider an R-15 zoning; and Supervisor W. N. Boggess having questioned whether the Board could approve the rezoning at R-12 and limit the number of units that could be built on the site to 25; and Mr. Coll having stated that his client would prefer to have the matter considered for an R-15 zoning rather than R-12 with a limit of 25 units; and Supervisor Hasseltine having moved that the matter be referred back to the Planning Commission to consider an R-15 zoning, and Supervisor J. P. Kenny having seconded the motion, IT IS SO ORDERED. PASSED by the Board on September 20 , 1977. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 20th day of September, 1977. J. R. OLSSON, CLERK Bye 7W ;�-�f Jamie L. Johnson, Deputy Clerk cc: Mr. T. Coll Security Owners Corp. Messrs. Baltzer & Tavlor Larkin & Susan Breed Planning Commission Director of Planning 00442 x In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of State Solid Waste Management Board. The Board having received a September 8, 1977 letter from the State Solid liaste :Management Board advising that it has assumed the role of solid waste enforcement agency for the County because, an enforcement agency has not yet been designated, and asking if the County intends to pursue designation of a local enforcement agency; and Supervisor B. H. Hasseltine having requested that action on this matter be delayed for one week, at which time he proposes that the Board take two actions, one delegating and enforcement agency and the other delegating a management agency; There being no objection to delaying action for one week, the Chairman requested the clerk to recalendar the matter on September 27, 1977. HATTER OF RECORD ONLY. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. CC., County Administrator Witness my hand and the Seal of the Board of Supervisors affixed this 2 0 thday of September 19 77 J. R. OLSSON, Clerk .. !° Deputy Clerk Patricia A. Sell 00443 H-24 3/76 15m NEWT!"," „ :. � '..,,r' ,,�� x .?niv v+.>�ee t.,4.•:. � � -:,.s'.�..35... .tr.�"`.»L 4'$,�"� 'xi:4 ,.. r::am.. _. _ .n. .-.. r a.,..,..��++i 'd�'r '2:i:.: ':-R•.s - -"ryxcs, . w In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Hearing on Appeal of DiGiorgio Development Corporation from Action of the Planning Commission on Application for M.S. 110-75, Danville Area. Mr. Bob Parmenter, Applicant The Board on September 209 1977 having continued to this day the hearing on the appeal of the DiGiorgio Development Corporation from Planning Commission conditional approval of application for M.S. 110-75, Danville area; and Mr. Harvey Bragdon, Assistant Director of Planning, having advised that on January 11, 1977 Mr. Bob Parmenter submitted a revised tentative map for M.S. 110-75 and a letter from the Sycamore Homeowners Association indicating their approval of granting an easement to provide access to said minor subdivision along the south side of Sycamore Creek channel, and having further advised that the Planning Commission had approved the aforesaid tentative map; and Mr. Bragdon havi-no commented that the DiGiorgio Development Corporation filed an appeal objecting to the granting of an easement through the. property because it would affect the company's plans for future development, and that subsequently the Homeowners Association had rescinded its action granting the easement; and Mr. John Blessen, Vice President of the DiGiorgio Development Corporation, having appeared and concurred with Mr. Bragdon's statements; and It having been noted that Mr. Bob Parmenter, the applicant, was not present nor represented at the hearing; and Supervisor E. H. Hasseltine having recommended that the hearing be closed and the appeal of the DiGiorgio Development Corporation be granted; IT IS BY THE BOARD ORDMERrED that the recommendations of Supervisor Hasseltine are APPROVED. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: DiGiorgio Development Supervisors Corporation affixed thisZOth day of So=to,r}►Pr 19 � Mr. B. Parmenter Coleman & Isakson, Inc. Director of Planning �� J. R. OLSSON, Cleric By i '7� 44�e�lson` i , Deputy Clerk Sandra 00444 H-24 3/76 15m In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 7� In the Matter of Review of County's Affirmative Action Program. Supervisor J . P. Kenny having this day indicated he had recently met with the 1977-1978 Grand Jury; and Supervisor Kenny having commented on the importance of the county's affirmative action program, and having recommended that the need for additional personnel in the Civil Service Department for this function be further reviewed by the Finance Committee (Supervisors R. I. Schroder and J. P. Kenny) of this Board; and Supervisor Schroder having concurred with Supervisor"Kenny on the importance of said program but having expressed the view that the personnel adjustment should be made within the depart- ment's present personnel allocation; IT ILS By THE BOARD ORDERED that the recommendation of Supervisor Kenny is APPROVED. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc• Finance Committee Witness my hand and the Seal of the Board of Director of Personnel Supervisors County Administrator affixed this 20thday of September 1977 J. R. OLSSON, Clerk By G �Kl/LL�1� Deputy Cleric Helen C. Marshall 00445 H-24 3/76 15m In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Issuance of Purchase Orders For Routine Ditch Cleaning Orinda-Pittsburg-Alamo and Danville The Public Works Director having reported that Informal Bids were opened in the Public Works Department for Routine Ditch Cleaning in various areas in accordance with clauses 2A, 2B, 5A, 5B of the Drainage Maintenance Policy (Board Resolution 72/17) ; and The Public Works Director having recommended that he be authorized to arrange for the issuance of Purchase Orders to the following in the amounts specified, these being the• lowest of 4 bids received for each area: PROJECT CONTRACTOR AMOUNT Shore Acres and Vicinity Richmond Crane Service $3,450.00 Pittsburg Area W.O. 4754-330 Bolla Acres and Vicinity Spilker Tree 'Service Co. 2,745.00 Alamo Area W.O. 4755-330 Rancho Rar:ero and Vicinity Richmond Crane Service 1,675.00 Alamo Area W.O. 4757-330 Oel Amigo and Vicinity Richmond Crane Service 2,875.00 Danville Area W.O. 4756-330 Orinda Village and Vicinity Atlas Tree Service 3,025.00 Orinda Area W.O. 4758-330 This maintenance work is a Class 1 categorical exemption from Environmental Impact Report requirements. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. PASSED by the Board on September 20, 1977- I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the data aforesaid. Witness my hand and the Seal of.the Board of Originator: Public Works Dept. Supervisors Maintenance Division 20th September affixed this day of— 1977 cc: Public Works Director Flood Contro1 J. R. OLSSON, Clerk County Administrator Purchasing By us Deputy Clerk 00446 H -243176l5m In the Board of Supervisors of Contra Costa County, State of California Sentember 20 . I9 77 In the Matter of Proposed Recreation Facility in the Sierra Foothills. The Board having received a September 9, 1977 letter from Senator John A. Nejedly commenting on the proposal of Supervisor Boggess that money realized from sale of the Weimar Medical Center in Placer County be set aside towards the possible development of a recreational facility in the Sierra foothills for the benefit of the citizens of Contra Costa County; and The Board having discussed the matter and determined to keep the proposal under review and to send a letter to Senator Nejedly acknowledging his communication; IT IS BY THE BOARD SO ORDERED. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Senator Nejedly Witness my hand and the Seal of the Board of Supervisors County Administrator affixed this 2 Q thday of Seoter fiber �, 19 77 J. R. OLSSON, Clerk By :.(,Z-46_- tl �c/G"T��Gtl � , Deputy Clerk Jamie L. Johnson H-2-13/7615m 0044"1 a -.4OIL- In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of AF uOp T?A 7Iora FCR 01.7 OF STATE 'iFANE:. IT I=7 BY TiS POAPD OPDEPED that El-r-ier Rieger, Veterans Service Officer, is At"TW;PJZM to travel to St. Paul, Minnesota, during the period fror.! October h, 1977, until October 6, 1977, for the purpose of attendinq a Veterans Administration Insurance Traini m Conference, Passed on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of . Ori yi nat i nc Denartnert: Supervisors iet :ins c7ervicz ^ffice affixed this20thday of September 1977 93') '''ard Street t"artinez, ,A 9L553 J. R. OLSSON, Clerk cc: Auditor's Office By Deputy Clerk i dpi ri st rMtor' s Off i,e Ma Ane M. ; u e d oo448 H-24 3/76 15m In the Matter of Memorandum from the Employee Relations Officer regarding Petition filed by Union of American Physicians for a Proposed Professional Unit of Classified Management Physicians The Employee Relations Officer having advised the Board in a memorandum dated September 14, 1977, that a petition has been filed by the Union of American Physicians to establish a proposed representation unit consisting of classified management physicians; and The Employee Relations Officer having advised that aforesaid petition has been reviewed by the Employee Relations Division and found qualified in accordance with Ordinance Section 34-12.002 "petition" ; IT IS BY THE BOARD ORDERED that receipt of said memorandum is ACKNOWLEDGED. Passed by the Board on September 20, 1977- t hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig- Administrator Witness my hand and the Seal of the Board of Supervisor cc: Dire^tor of Personnel affixed this 2Q- iday of RPptemher 19Z7— Union 9Z7Union of American Physicians All other recognized employee organizations : J. R. OLSSON, Clerk Health Officergy Deputy Clerk Human Resources Director Helen C. Marshall County Counsel H-24 4/77 15m 00449 e — — t i In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 In the Matter of Petty Cash Revolving Fund, Office of Emergency Services On recommendation of the Office of the County Auditor- Controller, IT IS BY THE BOARD ORDERED that establishment of a petty cash revolving fund in the amount of $50 for the Office of Emergency Services is APPROVED. Passed by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Administrator Witness my hand and the Seal of the Board of Supervisor Services cc: Office Emergency affixed this 20th day of Sentember , 193 „ Auditor-Controller J. R. OLSSON, Clerk By ". L, 1�L Deputy Clerk Helen C. vlarsnall H-24 4177 15m 00450 .n . 1 In the Board of Supervisors of Contra Costa County, State of California September 20 1977 In the Matter of Agreement with Richard Gryziec for Consulting Services IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED to execute an agreement with Richard Gryziec of San Francisco, effec- tive September 21, 1977, in connection with the preparation of the Environmental Impact Report for Subdivision 5009, "Los Poblanos Ranchettes", located on the north side of Marsh Creek Road, easterly of Deer Valley Road, southwesterly of Brentwood, at a cost not to exceed $3,240.00 under the terms and conditions as set forth in said agreement. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig. : Planning Department Witness my hand and the Seal of the Board of Supervisor cc: Richard Gryziec affixed this_ nth day of Septernb=r 19 _Z7 c/o Planning Dept. Director of Planning Auditor-Controller J. R. OLSSON, Clerk County Administrator g Deputy Clerk via Me -i. ??eu ?d r 00451 . H-24jf7G15m �o,�arY Co ae�syg�'e ea Vol .to 1.,yool? � ozs £ore �,ne lY aPPeai ,�Sc�ypea ivts of CA �ySY of 5p' 19�� be Pe�5ora1 � e y5 s mea �Y,e 5 CO Caly�o�iya� Wr°5e � execv 5ori tie of e-c C ori geP e e P xxie 5c �ae 40 be 11c�r0 W1eac3ea ' �u�lic xroWt, to ert� ara Y�lyc �GR�Z.s�C �l�A� W tre 130 E. u�PN E C'c �Y:.,� . .'.f Npt 00 dirt r 'Al V,m� ,.,row'4Tr .�i' „? a... . %+._. r,• N`{,e s , t,.. ... . u,. .' 't_.-.nc sarnaw�3:W nL air _ ,,a _c' dmv 4 CONSULTING SERVICES AGREEMENT 1. Special Conditions. These special conditions are incorporated below by reference: (a) Consultant's Name and Address: Richard Gryziec, 741 North Point, San Francisco 94109 (b) Effective Date: . September 21 , 1977 (c) Project Name, Number and Location: Environmental Impact Report for Subdivision No. 5009, "Los Poblanos Ranchettes", north side of Marsh Creek road easterly of Deer Valley Road, southwesterly of Brentwood. (d) Payment Limit: $3,240.00 2. S' Hato� e signatures attest the parties' agreement hereto: A C CONSULTANT By: f �• L-,_� Chairman, Boar of - Designate official ca-d6_60 in business Supervisors ! ATTEST: J. R. OLSSON, (CORPORATE SEAL) County Clerk and ex-officio Clerk of the Board State of California ) ss Contra Costa County ) ACKNOWLEDGEMENT By: , / The person(s) signing above for•Consultant, known uty L to me in those individual and business capacities, personally appeared before me today and acknow- RecoM ne d b ;,l�o dged that he/they signed it and that the corporation partnership named above executed it. Ahthony Dehaesus Date: L �r Director bf Planning, Form approved: Notary Public John B. Clausen County Counsel (NOTARY SEAL) Deputy 3. Parties. Effective on the above date, Contra Costa County and the above-named o�ns�uTtant mutually agree and promise as follows: 4. Employment. County hereby employs Consultant, and Consultant accepts such employment to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 45. Scope of Service. Scope of Service shall be as described in Appendix A attached hereto and incorporated herein by this reference. 6. Insurance. The Consultant shall, at no expense to the County, furnish certificates or other evi—`dence acceptable to the County of (a) public liability insurance of at least $500,000.00 for all damages arising out of bodily injuries or death to any one person and at least $500,000.00 for two or more persons in one accident or occurrence; and (b) property damage liability insurance providing for a limit of not less than $500,000.00. Thirty days' notice to County of policy lapse or cancellation is required. Page I of 2 00453 Microfilrnad with board order —_ 1, . . :-'i"�t-.�! •irw' r.:i.. .�i:*'��fs i.. a..,�a; .�6+ �4 k'N. .'s.�►t.f•.1:as.r.,~"1ve• -�•'`'-�w d . ."�' _.d` ♦� 7. Payment. The County shall pay Consultant for professional services performed as follows: A. For preparation of the Draft Environmental Impact Report a fee not to exceed I(d) above. (i) The first installment, in an amount to be determined by the Director of Planning of not more than 50% nor less than 30% of the fee noted in 7.A. above, shall be paid after receipt by the County of the "Working Draft" report. (ii) The second installment, constituting the remainder of the fee noted in 7.A. above, shall be paid after the Director of Planning receives and finds acceptable the "Final Consultant Draft". B. Ten percent (10%) of all charges billed by the Consultant shall be withheld until final acceptance of the Final Environmental impact Report by the appropriate hearing body or until authorized by the Director of Planning, whichever comes first. C. The fees specified in Section 7.A. include all overhead and incidental expenses for which no additional compensation shall be allowed. In no event shall the total amount paid to the Consultant exceed the fee limit specified in Section 1(d) without,prior written approval of the County. 8. Termination. At its option, County may terminate this agreement at any time by written notice to the Consultant, whether or not the Consultant is in default. Upon such termination Consultant agrees to deliver to the County everything pertaining to the work in the possession of Consultant or under its control at that time, and will be paid, except as provided below, without duplication, all amounts due or thereafter becoming due for services rendered to the date of termination. If the Consultant is in default at the time of termination, County may complete the work (scope of service) and deduct the reasonable expenses thereof from the fee and from any funds otherwise due and payable to the Consultant. 9. Status. The Consultant is an independent contractor and is not to be considered an employee of the County. 10. Exclusive Services. Consultant agrees to restrict its firm and its subcontractors from any employment, other than for the County, in any way pertaining to the subject of this employment or to the proposed project which this report will review, for a period of two years after the effective date of this agreement without first obtaining the prior written consent of the Director of Planning for such employment. Consultant further agrees to insert this condition into all contracts or work agreements with is subcontractors. 11. Status of Product. It is understood that the Final Consultant Draft accepted by the County will be utilized as background or source material by the Planning Department for its exclusive use, all or in part, as it sees fit. The Consultant agrees riot to release, disclose or otherwise make available copies of its written documents, their contents, any views or opinions contained therein, or any other written or oral material, data, views, opinions or other information in any way arising out of or connected with the subject of this employment to other than the Planning Department without first obtaining the prior written consent of the Director of Planning for such disclosure. Attachments: Appendix A Page 2 of 2 00454 ,s ., ,p - e TM -»oaa '� tib' ...^k :.:ES-.�7 _ ......�'•E'�'t�:�. n.!an,..# . A�rr. _ . .... .' .. .+_w .�..-+k n. ..�^r •-ra. r .va APPENDIX "A" Consultant shall prepare a Draft Environmental Impact Report in accordance with the California Environmental Quality Act and County guidelines for the project specified in 1(c) of this agreement. The report shall be prepared in the format specified by the County. It shall be single spaced and suitable for duplication by office copier methods. The Consultant shall prepare the report in a "working draft" form initially and submit three (3) copies for Planning Department review. The "working draft" shall be submitted by Consultant to the Planning Department no later than thirty (30) calendar days after the date Consultant is authorized by the Planning Department to proceed with preparation of the report, unless approval of extension of such deadline is given by the Director of Planning. After Planning Department reviews and comments on the draft, the Consultant shall revise the working draft report in accordance with such comments and submit one copy suitable for duplication and distribution of the "final Consultant draft" for review and acceptance by the Planning Department. The "final Consultant draft" shall be submitted by Consultant to the Planning Department no later than fifteen (15) calendar days`after return of the edited working draft to Consultant by the Planning Department unless approval of the extension of such deadline is given by the Director of Planning. In no event shall the time for completion of the process described in this paragraph extend beyond June 30, 1978, without written approval of the Director of Planning. Consultant shall as part of the contractual obligation assist County in the preparation of responses to comments on the draft EIR for the purpose of producing a "Final EIR" for the project. ' Assistance of County staff required by the Consultant in the gathering of data to complete this report shall be limited to the supplying of source documents on County premises. No compiling of data will be done by County staff. All other County staff support effort will be limited to that specifically enumerated below: None. SCOPE OF SERVICES: Phase I: Preparation of Working Draft EIR: Consultant will prepare a Working Draft EIR for the subject project that includes the following elements. Three (3) copies will be provided for staff review. 1. Summary of Findings. (with map of adverse impacts indicated) 2. Project Description. (with map to be supplied by proponent) 3. " Combined Settings and Impacts. Major Categories: a. Public Services. (with estimate of public revenues and costs) b. Utilities. (observations on availability of the various systems) c. Aesthetics. (development relative to scenic road) Other Categories: d. Relationship to Existing/Proposed General Plans and Zoning Regulations. e. Seismic. (valley area only) f. Flooding. (valley area only) g. Flora/Fauna. (grazzing land, orchard, pond) h. Hazards. (Shell pipe line) i. Energy Conservation. (required by CEQA) (recommended standards that could be applied to development on this subdivision) 00455 a .r.�aw?a:.+:=:..J62'.'.r - .._ti.:� n•. Yi...'�'-_,,,.ac�.._ y�_W z..s�+ F...a . , ;r -• .r•—sus„s-'., �$ 5 Appendix "A" Page 2 4. Growth Inducement. (will be major section in this EIR) 5. Alternatives. a. Status Quo. , b. A-4 Zoning. , (Williamson Act application) c. Modified Subdivision. (revised plats on fewer plats) . (with map) 6. Short-Term vs. Long-Term Impacts. 7. Unavoidable Significant Adverse Impacts. 8. Irreversible Significant Impacts. 9. Mitigation Measures. 10., Uninvestigated Impacts. (referenced to Initial Study) ! Phase II: Preparation of Final Consultant Draft EIR: After Planning Department staff review and commentary, Consultant will amend the Working Draft EIR and prepare the Final Consultant Draft EIR for the sub- ject project. This draft will include all of those elements. found in the Working Draft. One (1) reproducible copy will be provided'. The format and content of the Final Consultant Draft EIR will satisfy the re- quirements of CEQA as amended and as interpreted by Contra Costa County. Phase III: Responses to Comments on Final Consultant Draft EIR: Consultant will assist the Planning Department staff in the preparation of responses to commentary on the Final Consultant Draft EIR. ,ate 00456 a.• .._ , • '� :�`��+ '•�'!` +r. ¢... ,-�.h.`v r.e, „ Wit. `:'�� t�ddS�,7y%'4i4.:.:3r+tip,• ,k..4 y D I•N N E R LEVISON COMPANY INSURANCE BROKERS 220 BUSH STREET•SAN FRANCISCO,CALIFORNIA 94104 SEP 13 10 39 AN P77 (415)391-5422 l' 11 f CERTIFICATE OF INSURANCE ;+.fit, r, , _ ; , •t• tt, Contra Costa County Planning Dept. Certificate Holder/ County Administration Building Mailing Address P.O. BOX 951 Martinez, California 94553 Attn: Arnold Jonas Chief of Environmental Assessments THIS IS TO CERTIFY the existence of the below described insurance with the Company(ies) indicated. It is the intention of the company(ies), in the event of cancellation, 10 days notice will be mailed to the party to whom this Certificate is addressed: NAME OF INSURED: Richard Gryziec ADDRESS OF INSURED: 680 Beach Street Suite 443 San Francisco, California LOCATION/DESCRIPTION OF RISK: COVERAGE: Comprehensive General Liability COMPANY: Industrial Indemnity Policy No: Period from 8-16-77 To 8-16-78 Limits: Bodily Injury: S 500,000 -each occurrence;S 500,000 aggregate' Property Damage:S 500,000 each occurrence;S 500,000 aggregate' 'Annual aggregate for products liability COVERAGE: COMPANY: Policy No: Period from To Limits: Bodily Injury: S each person;S each occurrence Property Damage:S each occurrence Other: Comprehensive;S Deductible Collision COVERAGE: COMPANY: Policy No: Period from To Limits: COVERAGE: COMPANY: Policy No: Period from To Limits: REMARKS: Certificate Holder named as additional insured: Yes l No❑ Effective Certificate Holder named as Lenders Loss Payable: Yes❑ No "This certificate of insurance neither affirmatively nor negatively amends, alters or extends the coverage afforded by the above Policies." DINNER LEVISON COMPANY (1-761M) Date 9-12-77 _ By r�.et"...s., . ,t •• - ., ,A � t ,�.,w.r' r- .3 �'• t - t.I s ` •C 11�. a'tr. '" .. �' ..r _ - - 'rte`•�•, .�� •�',t',��"4. •�... 1. .} �•�r •-r � - •• 'C-tK ' _'�'t,•.•;•�• ''J• y.. ••L•.ti�j,«t:,', •a '�Y P•,:. aa�`r J •� �` ,trvw'i Yew• :w <..�%,. • R�lt�,�'}„ �..! •l.t,y +.,``t. .t. T'.j i• ^�` i _ , ��.�nt•'4'•^. . �?.rw.�' ).M W:':.M'ta✓%fi.lyfa ..,. .00 457 ? r' '$t�•. .• v` •.c ytr. 't',��i'.Nl' R"`R�Nf,at��?'� .., .iy••.._moi � y y�'t pt •u�:ya � ,.,�t: .4. � �. . , � � f,��-" _ + 't' Oltt 'Yt'i, .,. •tt9 .•1b�.r.��.e `_ 1' 1R,� ��' ► �r,1r-v :�!'�-' In the Board of Supervisors of Contra Costa County, State of California September 20 , 1977 In the Matter of Agreement with P.E.R.L. Associates, Inc. for Consulting Services IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED to execute an agreement with P.E.R.L. & Associates, Inc. of Pleasant Hill, to become effective September 21, 1977, in connection with the preparation of the Environmental Impact Report for 2127-RZ, "The Villas of San Ramon", San Ramon, at a cost not to exceed $6,800.00 under the terms and conditions as set forth in said agreement . PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig. : Planning Department Witness my hand and the Seal of the Board of Supervisors cc: P.E.R.L. & Associates, Inco{f'ixed this20thday of September 19 77 c/o Planning Dept. Director of Planning Auditor-Controller J. R. OLSSON, Clerk County Administrator gV l` Deputy Clerk ine M. Neufe d rT �- t-�G�' 1.��J.-..c� :, :�-•7��-,•ti..-:L'�,- ,=,, ~. h 00 458 458 i 11 .24 3l76 15m � - 1 CONSULTING SERVICES AGREEMENT 1. Special Conditions. These special conditions are incorporated below by reference: i (a) Consultant's Name and Address: P.E.R.L. & Associates, Inc., 1609 Oak Park Boulevard, Pleasant Hill, CA 94523 (b) Effective Date: September 21, 1977 (c) Project Name, Number and Location: Environmental Impact Report for Rezoning 2127-RZ, "The Villas of San Ramon", Alcosta Boulevard at Bollinger Canyon Road, San Ramon. (d) Payment Limit: Six Thousand Eight Hundred Dollars ($6,800.00) 2. Si ures. Th se signatures attest the parties' agreement hereto: O TRA C S A CON T NT y. j 1 �1�`tir Chairman, Board of N Boggess Designate official capacity ' business ` Supervisors `G ATTEST: J. R. OLSSON, (CORPORATE SEAL) County Clerk and ex-officio Clerk of the Board State of California ) ss Contra Costa County ) ACKNOWLEDGEMENT By: The person(s) signing above for,Consultant, known uty to me in those individual and business capacities, personally appeared before me today and acknow- Reco' mende b. : ledged that he/they signed it and that the corporation or partnership named above executed it. A thony A. ehaesus,.- Date: _ Di ecto of Planning{ i U Form approved: Notary Public John B. Clausen County Counsel (NOTARY SEAL) By: ---- Deputy 3. Parties. Effective on the above date, Contra Costa County and the above-named onsu tant mutually agree and promise as follows: 4. Employment. County hereby employs Consultant, and Consultant accepts such employment to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 5. Scope of Service. Scope of Service shall be as described in Appendix A attached hereto and incorporate herein by this reference. 6. Insurance. The Consultant shall, at no expense to the County, furnish certificates or other �evidence acceptable to the County of (a) public liability insurance of at least $500,000.00 for all damages arising out of bodily injurieB or death to any one person and at least $500,000.00 for two or more persons in one accident or occurrence; and (b) property damage liability insurance providing for a limit of not less than $500,000.00. Thirty days' notice to County of policy lapse or cancellation is required. Page I of 2 90459 Microfilmed with board order -'a._ .. .t"`.•r �„Mc',.. _ v. '.is }.. - y a?i✓!' � ,�„„..- "4. .,yY'4�, '�+s.I"+k f..•. ."..r✓. J.� ._ - . . ....'.+•,:^.lam r..w•101. �.:w._.. °' ..} . ��^-N-A 7. Payment. The County shall'pay Consultant for professional services performed as follows: A. For preparation of the Draft Environmental Impact Report a fee not to exceed 1(d) above. (i) The first installment, in an amount to be determined by the Director of Planning of not more than 50% nor less than 30% of the fee noted in 7.A. above, shall be paid after receipt by the County of the "Working Draft" report. (ii) The second; installment, constituting the remainder of the fee noted in 7.A. above, shall be paid after the Director of Planning receives and finds acceptable the "Final Consultant Draft". B. Ten percent (10%) of all charges billed by the Consultant shall be withheld until final acceptance of the Final Environmental Impact Report by the appropriate hearing body or until authorized by the Director of Planning, whichever comes first. C. The fees specified in Section 7.A. include all overhead and incidental expenses for which no additional compensation shall be allowed. In no event shall the total amount paid to the Consultant exceed the fee limit specified in Section 1(d) without,prior written approval of the County. 8. Termination. At its option, County may terminate this agreement at any time by written notice to the Consultant, whether or not the Consultant is in default. Upon such termination Consultant agrees to deliver to the County everything pertaining to the work in the possession of Consultant or under its control at that time, and will be paid, except as provided below, without duplication, all amounts due or thereafter becoming due for services rendered to the date of termination. If the Consultant is in default at the time of termination, County may complete the work (scope of service) and deduct the reasonable expenses thereof from the fee and from any funds otherwise due and payable to the Consultant. 9. Status. The Consultant is an independent contractor and is not to be considered an employee of the County. 10. Exclusive Services. Consultant agrees to restrict its firm and its subcontractors from any employment, other than for the County, in any way pertaining to the subject of this employment or to the proposed project which this report will review, for a period of two years after the effective date of this agreement without first obtaining the prior written consent of the Director of Planning for such employment. Consultant further agrees to insert this condition into all contracts or work agreements with is subcontractors. 11. Status of Product. It is understood that the Final Consultant Draft accepted by the County will be utilized as background or source material by the Planning Department for its exclusive use, all or in part, as it sees fit. The Consultant agrees not to release, disclose or otherwise make available copies of its written documents, their contents, any views or opinions contained therein, or any other written or oral material, data, views, opinions or other information in any way arising out of or connected with the subject of this employment to other than the Planning Department without first obtaining the prior written consent of the Director of Planning for such disclosure. Attachments: Appendix A Page 2 of 2 00460 APPENDIX "A" Consultant shall prepare a Draft Environmental Impact Report in accordance with the California Environmental Quality Act and County guidelines for the project specified in 1(c) of this agreement. The report shall be prepared in the format specified by the County. It shall be single spaced and suitable for duplication by office copier methods. The Consultant shall prepare the report in a "working draft" form initially and submit three (3) copies for Planning Department review. The "working draft" shall be submitted by Consultant to the Planning Department no later than thirty (30) calendar days after the date Consultant is authorized by the Planning Department to proceed with preparation of the report, unless approval of extension of such deadline is given by the Director of Planning. After Planning Department reviews and comments on the draft, the Consultant shall revise the working draft report in accordance with such comments and submit one copy suitable for duplication and distribution of the "final Consultant draft" for review and acceptance by the Planning Department. The "final Consultant draft" shall be submitted by Consultant to the Planning Department no later than seven (7) calendar days after return of the edited working draft to Consultant by the Planning Department unless approval of the extension of such deadline is given by the Director of Planning. In no event shall the time for completion of the process described in this paragraph extend beyond June 30, 1978 without written approval of the Director of Planning. Consultant shall as part of the contractual obligation assist County in the preparation of responses to comments on the draft EIR for the purpose of producing a "Final EIR" for the project. Assistance of County staff required by the Consultant in the gathering of data to complete this report shall be limited to the supplying of source documents on County premises. No compiling of data will be done by County staff. All other County staff support effort will be limited to that specifically enumerated below: None. SCOPE OF SERVICES The air quality, traffic, noise, archaeology, and vegetation/wildlife sections of the EIR will be based on reports- prepared by individual specialists selected, administered, and paid by P.E.R.L. EXCLUSIONS TO SCOPE OF SERVICES .r A. Special geotechnical/seismic information required by the county for preparation of the EIR shall be provided by and at the expense of the project applicant. B. As necessary, P.E.R.L. shall assist the County in the preparation of responses to comments on the draft EIR. However, should the development plan on which the draft EIR is based be substantially modified prior to certification of the draft EIR, any revisions in the draft EIR, in response to the modifica- tions of the development plan, shall be provided only as extra services, as described in Section VI herein, and shall not be part of the scope of work described herein. EXTRA SERVICES Extra services, beyond the scope of work outlined in Section I herein, as requested by the County shall be provided according to the following fee schedule: Principal Planner $35.00/hour Associate Environmental Analvst $25.00/hour Secretary $15.00/hour Consultants Cost + 10% 00461 ' ✓ 7• _ •-1. •lS.c .. r•-:.S+.. .. +-J::: :L�1*:fit A.,4�. s '.F+!`:.•i'•, .:J=r+. _ i . SIC X In the Board of Supervisors of Contra Costa County, State of California September 20 119 77- In the Matter of - Exercising Option to Extend Lease of Premises at 3825 Bissell Avenue Richmond for Continued Use by the Public Defender The County of Contra Costa has in effect a lease dated October 6, 1976 with John M. Allen and Patricial Alien for use of premises at 3825 Bissell Avenue, Richmond, California presently occupied by the Public Defender; and Section 3(b), page 1, thereof grants to the County of Contra Costa the option to extend said lease for a period of one year on the same terms and conditions; and IT IS BY THE BOARD ORDERED that the County hereby Exercises its _Option to extend the lease for an additional period of one year. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Originator: Public Works Department Witness my hand and the Seal of the Board of Real Property Division Supervisors affixed this20th day of September 19 77 cc: Public Defender County Auditor-Controller J. R. OLSSON, Clerk County Administrator B 'l�.uw Deputy Clerk Iraxi.ne M. s eu eld 00462 H-24 3176 15m t � In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Executive Session. At 10:00 a.m. the Board recessed to meet, pursuant to Government Code Section 54957.6, in —Executive Session in Room 108, County Administration Building, Martinez, California to consult with its representatives in connection with discussions of salary matters. At 10:45 a.m. the Board reconvened in its Chambers and proceeded with its regular agenda. a clatter of Record hereby certify that the foregoing is a true and correct copy of iffiOr entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this20thday of_September 19 -� J. R. OLSSON. Clerk By Deputy Clerk ZMA ine hI. ire ald H-243/7615m 00463 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 20 1977 In the Matter of Authorization for Contract Negotiations The Board having considered the recommendation of the Director, Human Resources Agency, regarding certain requests from operating departments for the completion of contracts, contract extensions, and contract amendments for the provision of-various •types of program-related services for the County, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, or his designee, is AUTHORIZED to conduct contract negotiations with the prospective contractors named below for completion of purchase of service contracts, contract extensions, and contract amendments for the anticipated terms and effective dates and not to exceed the estimated contract amounts (payment limits) as follows: I. CONTRACTS ANTICIPATED MAXIMUM PROSPECTIVE COUNTY PROGRAM TERM/ EST. AMT. CONTRACTOR DEPARTMENT SERVICES EFF. DATE (FUNDING) 1. State Department Social Child Care/ 7/1/77 - $430,898 of Education Service Development 6/30/78 (1002 State, (County-operated) Title XX) II. CONTRACT EXTENSIONS 1. Los Medanos HRA Minibus 9/1/77 - $ 5,400 Community Hospital Transportation 12/31/77 (100% County) District Services for the Pittsburg/ West Pittsburg area III. CONTRACT AMENDMENTS 1. Contra Costa Legal Social Paralegal 9/1/77 - $ 24,555 Services Foundation Service/ Services for 6/30/78 (Federal AAA the elderly funds) 2. Contra Costa Foods, Health/ Food 10/l/77 - Increase Inc. Nutrition Catering 9/30/78 from $236,684 to $254,679 (Federal funds) PASSED BY THE BOARD on September 20, 1977. CERTIFIED COPY I certify that this is a full, true & correct copy of the original document which is on file in my office, Orig: Human Resources Agency and that it was passed & adopted by the Board of Attn: Contracts h Grants Unit Supervisors of Contra Costa County. California, on cc• Count Administrator the date shown. a;TEST: J. R. OLSSON. County • y Clerk&ex-officio Clerk of said Board of Superrisors, County Auditor-Controller by Deputy Clerk. County Welfare Director on SEP 2 01977 County Health Officer AAA Project Director SD:dg 00464 I i r In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Granting Permission to Leave the State of California. IT IS BY THE BOARD ORDERED that Supervisors J. P. Kenny and R. I. Schroder are granted permission to leave the State of California for the periods of September 22 to October 11, 1977 and October 10 to October 27, 1977, respectively. PASSED'by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc- Permittees Witness my hand and the Seal of the Board of . County Administrator Supervisors affixed this20thday of_September 19 77 ' J. R. OLSSON, Clerk S a Deputy Clerk 1,Iaxine k1. ireuf _d 00465 H-24 3/76 15m C ` In the Board of Supervisors of Contra Costa County, State of California September 20 , 1977 In the Matter of Report of the Planning Commission on the Request of Matt Gonsalves, Applicant and Owner, (2150-RZ) to Rezone Land in the San Ramon Area. The Director of Planning having notified this Board that the Planning Commission recommends approval of the request of Matt Gonsalves, applicant and owner, (2150-RZ) to rezone approximately 1.66 acres fronting 162 feet on the northwesterly side of the westerly terminus of Fostoria TKay, approximately 500 feet west of Hilscher Way, San Ramon area, from Retail Business District (R-B) to General Commercial District (C) ; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, October 11, 1977 at 11:30 a.m. , in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, :Martinez, California. IT IS FURTHER ORDERED that the Clerk, pursuant to code requirements, publish notice of same in the 17ALLEY PIONEER and give notice by Mail to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed zoning change. PASSED by the Board on September 20, 1977. hereby certify-that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Matt Gonsalves Witness my hand and the Seal of the Board of List of Names Provided Supervisors by Planning affixed this2.Qthday of Stnf-ArnT,,-r , 19 77 Director of Planning / J. R. OLSSON, Clerk Byoi;�,,�C� .� n `-�� , Deputy Clerk Jamie L. Johnson H-24 3/76 15m 0U466 ti ,Nome", � � CI1�D* a- F« � y "= CONTRA COSTA COUNTY P 1977 PLANNING DEPARTMENT J. a OLSS N CLERK BOARD Or SJPERVISOx n �OhiRA OSTA CO. B•• TO: Board of Supervisors DATE: 8 September 1977 Attn: Clerk of the d FROM: Anthony A. Deha SUBJECT: REZONING: Matt Gonsalves (Applic- Director of Plant & Owner (2150-RZ) - 1.66 Acres, R-B to General Cormercial (C) - San Ramon Area (S.D V Attached is P1 nin ion Resolution No. 72-1977, adopted by the Planning C Mission on Tuesday, 6 September 1977, by a vote of 4 AYES - 3 ABSENT (Compaglia, Phillip s,Stoddard) This application was reviewed by the Planning Commission on Tuesday, 30 August 1977, and was approved for change from Retail Business District (R B) to General Commercial District (C), by a vote of 6 AYES - 1 ABSENT (Cm paglia). The property is described as being approximately 1.66 acres fronting 162-ft. , on the northwesterly side of the westerly terminus of Fostoria Way, approx., 500-ft., west of Hilscher Way in the San Ramon Area. The following people should be notified of your Board's hearing date and time: 3iatt Gonsalves (Applic/Owner) 5151 Port Chicago Highway Concord, California 94520 AAD/v Attachments: Resolution, Findings blap, Area &lap, Neg.EM, Staff Report,Aiinutes. cc: File 2150-RZ Matt Gonsalves Supervisors, District: I, II, III, IV, V. 00467 Microfilmed with board order RESOLUTION 72-1977 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY MATT GONSALVES (APPLICANT AND OWNER) (2150-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE SAN RAMON AREA OF SAID COUNTY. WHEREAS, a request by MATT GONSALVES (Applicant and Owner) (2150-RZ), to to rezone land in the San Ramon Area From Retail Business District (R-B) to General Commercial District (C), was received by the Planning Department Office on June 22, 1977; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this application on August 12, 1977; and WHEREAS, after notice thereof was lawfully given, a public hearing was held by the Planning Commission on Tuesday, August 30, 1977, whereat all persons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that the rezoning request of MATT GONSALVES (Applicant and Owner), (2150-RZ), be APPROVED as to the change from Retail Business District (R-B) to General Commercial District (C), and that this zoning change be made as is indicated on the findings map entitled: A Portion of the Districts Map for the San Ramon Area, Contra Costa County, California, Insert Map No. 21 . BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: (1 ) The proposed rezoning is in conformance with the General Plan. (2) Future consideration of any site development application should include requirements for intensive landscaping or other screening in order to preserve the scenic qualities of I-680. 00468 Microfilmed with board order RESOLUTION 72-1977 BE IT FURTHER RESOLVED that the Chairman and Secretary of this Commission shall sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Government Code of the State of California. The instruction by the Planning Commission to prepare this resolution was given by motion of the Planning Commission on Tuesday, August 30, 1977, by the following vote. AYES: Commissioners - Anderson, Stoddard, Phillips, Young, Walton, Milano. NOES: Commissioners - NONE. ABSENT: Commissioners - Compaglia. ABSTAIN: Commissioners - NONE. I, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, September 6, 1977, and that this resolution was duly and regularly passed and adopted by the following vote of the Commission. AYES: Commissioners - Young, Anderson, Walton, ItUano. NOES: Commissioners - None. ABSENT: Commissioners - Ompaglia, Phillips, Stoddard. ABSTAIN: Commissioners - None. Chairman of the PItinning Commission of the ATTEST: County of Contra Costa, State of California , j�r Secretaryf the Planning Commission of the t1 --County �bf Contra Costa, State of�California 09469 l -2- Microfilmed with board order I V A-3 j M. a- ln ; r;Rezone R-B �� r/From � To /;' •� � � / • C-M ol;; - V A_� goo LoR-B0 0 - RIO 1" = 800 . .�< M_3 1, Wm, L _M►tAma ; Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of A PORT i&N d l: TI,it SAST� n iT�► A uWakMIL_ .,INSILKT tAAp Ne I.I. indicating thereon the decision of the Contra Costa County Planning Commission in the matter of MA4 T GdNSA��11<l X150 R3.- Chairman of the C Ztra Costa County Planning Commission, State of Calif. ATTEST: .� 00470 SecretprAof the Contra Costa Coijnty Banning ommisjion, State of•Culif. Findings Map Microtilmed with board order A CONTRA COSTA COUNTY PLANNING DEPARTMENT NOTICE OF Completion of Environmental Impact. Report Negative Declaration of Environmental Significance Lead Agency Other Responsible Agency Contra Costa County c/o Planning Department P.O-. Box 951 Martinez, California'94553 Phone (415) 372-2031 Phone EIR Contact Person Alice Bonner Contact Person PROJECT DESCRIPTION: MATT GONSALVES (Applicant and Owner), County File #2150- RZ: The applicant requests approval to rezone lands from Retail Business District (R-B) to Commercial District (C). Subject property is described as follows: Approximately. 1.66 acres fronting 162 feet on the northwesterly side of the westerly terminus of Fostoria Way, approximately 500 feet west of Hilscher Way, in the San Ramon area. (CT 3451) THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT BECAUSE: The requested rezoning is consistent with the San Ramon Area General Plan designation (commercial), but a future specific site plan could conceivably conflict with the Scenic Routes Element. (I-680 is a scenic freeway) Access to the site is circuitous and will be even more so in the future when turning movements from Crow Canyon Road are restricted ' Future development applications on the subject property will be subject to environmental review. The environmental implications of specific development can be evaluated at that time and a decision made on the need for an Environmental Impact Report. �It is determined from initial study by Alice Bonner of the l x.J Planning Department that this project does not have a significant effect on the environment. Justification for negative declaration is attached. The Environmental Impact Report is available for review at the below address: Contra Costa County Planning Department 4th Floor, North ming, Administration. Bldg. Pine $ Escobar Streets NLL- nMartinez, California D e Pos ed c�-12 M1 Final date for review/appeal ka)si-�� t B o0471 Planning Dip-ii—tffiljnVRepresentative Microfilmed with board order L - s �.»cX1..s"':-m.,., .. 4• >- v$ _.�-i•>,wc :.._a ,.R a1.,w ::•>—'*,it;W—' -:3-s;:.:,..,.. 1+r �..�'S.,,... ems i. ... .. Akx ..e 1. 1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Report of the ) Planning Commission on the Request ) of The Desco Group, Inc. , Applicant, ) (2132-RZ) to Rezone Land in the ) September 20 , 1977 Pleasant Hill BORTD Station Area and ) Development Plan Application No. 3026-77. ) Buckley, Friberg, Obert and Tobias, ) Ocmers. ) The Director of Planning having notified this Board that the Planning Commission recommends approval of the request of The Desco Group, Inc. , applicant, (2132-RZ) to rezone 3.99 acres, more or less., -fronting approximately 320 feet on the east side of Del Hombre' Lane approximately 520 "feet north of Treat Boulevard, Pleasant Hill BOATD Station area, from Single Family Residential District-15 (R-15) to Multiple Family Residential District (tai-3) , and in connection therewith, also recommends approval of the development plan, application No. 3026-77, with conditions; IT IS BY THE BOARD ORDERED that a hearing be held on Tuesday, October 11, 1977 at 11:35 a.m. , in the Board Chambers, Room 107, Administration Building, Pine and Escobar Streets, Martinez, California. IT IS FURTHER ORDERED that the Clerk, pursuant to code requirements, publish notice of same in the CONTRA COSTA TIMES and give notice by mail to all persons shown on the last equalized assessment roll as owning real property within 300 feet 'of the property which is the subject of the proposed zoning change. PASSED by the Board on September 20, 1977. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 20th day of September, 1977. J. R. OLSSON, CLERK cc: The Desco Group, Inc. Buckley, Friberg, chert and Tobias v List of Names Provided By �:�r,G� ✓Y��,�,� _ by Planning Jamie L. Johnson, Deputy Clerk Director of Planning 00472 r._ l CONTRA COSTA COUNTY PLANNING DEPARTMENT 11377 J..R. OMON CLERK BOARD 0- SWERVISORS ) RA CMA,CO. TO: Board of Supervisors DATE: September'l, 1977"/ Attn: Clerk of the Board REZONING: The Desco Group, Inc. FROM: Anthony A. Dehaes S BJE T- (Ap licants) - Buckley/FriberQ/ Director of P1 0 ert�Tobias Owners) - 2132-RZ - R-15 o JJ bi-3 - Pleasant HillSTD Station Area. 1?; Site Plan - 3026-77 include Attached is Planning Commission Resolution No. 71-1977, adopted by the Planning Commiss- ion on Tuesday, August 30, 1977, by a vote of 6 AYES - 1 ABSENT (Compaglia) . This application was reviewed by the Planning Commission on Tuesday, August 9, 1977, and was approved for a change from R-15 to M-3 by a vote of 6 AWES - 1 ABSENT (Phillips). The property is described as being approximately 3.99 acres fronting approximately 320 feet on the east side of Del Hombre Lane approximately 520-ft., north of Treat Boulevard in the Pleasant Hill BARTD Station Area. The following people should be notified of your Board's hearing date and time: The Desco Groups, Inc. (Applicants) Edward C. Thor 3702 Mt. Diablo Boulevard 3018 Del Hombre Lane Lafayette, California 94549 Walnut Creek, Calif. 94596 Buckley/Friberg/Obert/Tobias (Otmers) City of Concord, Planning Department 232 Brookwood Road 1950 Parkside Drive Orinda, California 94563 Concord, California 94519 W. V. Santos City of Pleasant Hill - Planning Dept. 2965 Cherry Lane •3300 110rth Main Street Walnut Creek, Calif. 94596 Pleasant Hill, Calif. 94523 Terrance L. Stinnett City of Walntu Creek, Planning Dept. 147 Augello Court 501 North California Boulevard Walnut Creek, Calif. 94596 Walnut Creek, California 94596 AAD/v Attachments: Resolution, Findings Map, Area ;Lap, Meg. EIR, Staff Report, Minutes, Resolution on #3026-77. cc: File 2132-RZ The Desco Group, Inc. Owners: Buckley/Friberg/Obert/Tobias Supervisors, District I, II, III, IV, V. 00473 .A-Vcrofilmed with board order 0 tb RESOLUTION NO. 71-1977 RESOLUTION OF THE PLANNING COMMISSION OF COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE IN ZONING BY THE DESCO GROUP, INC. (APPLICANT) BUCKLEY/.FRIBERG/OBERT/ TOBIAS (OWNERS) ( 2132-RZ), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE PLEASANT HILL BART AREA OF SAID COUNTY. WHEREAS, a request by THE DESCO GROUP, INC. (Applicant) BUCKLEY/FRIBERG/ OBERT/TOBIAS (Owners), (2132-RZ), to rezone land in the Pleasant Hill BART Area from Single Family Residential (R-15) to Multiple Family Residential (M-3), was received by the Planning Department Office on April 20, 1977; and WHEREAS, a Negative Declaration of Environmental Significance was posted on this application on June 17, 1977; and WHEREAS, after notice thereof was lawfully given, a public hearing was held by the Planning Commission on Tuesday, August 9, 1977, whereat all persons interested therein might appear and be heard; and WHEREAS, the Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, that the rezoning request of THE DESCO GROUP, INC. (Applicant) BUCKLEY/FRIBERG/OBERT/TOBIAS (Owners), (2132-RZ), be APPROVED as to the change from Single Family Residential (R-15) to Multiple Family Residential (M-3), and that this zoning change be made as is indicated on the findings map entitled: A Portion of the Districts Map for the East Pleasant Hill Area, Contra Costa County, California, Insert Map No. 16, which is attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the reason for this recommendation is as follows: (1) The rezoning is consistent with the County's General Plan. (2) The site is of sufficient size to accommodate a transition from adjacent single family residences to the proposed multiple developments. 004'74 Microfilmed with board order sti t.w. RESOLUTION NO. 71-1977 BE IT FURTHER RESOLVED that the Chairman and Secretary of this Commission shall sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Government Code of the State of California. The instructiory by the Planning Commission to prepare this resolution was given by motion of the Planning Commission on Tuesday, August 9, 1977, by the following vote: AYES: Commissioners•= Compaglia, Young, Anderson, Stoddard, Walton, Milano. NOES: Commissioners - NONE. ABSENT: Commissioners - Phillips. ABSTAIN: Commissioners- NONE. I, William L. Milano, Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, August 30, 1977, and that this resolution was duly and regularly passed'and adopted by the following vote of the Commission. AYES: Commissioners - Phillips, Stoddard, Young, Anderson, Walton, Milano. NOES: Commissioners - None. ABSENT: Commissioners - Albert R. Compag,lia. ABSTAIN: Commissioners - None. Chairman of the Pla !ng Commission of the County of Contra Costa, State of California ATTEST: cretar)yi of the Plapning ommission a t e County oil Contra Costa, State of California 09475 -2- A14icrofilmed with board ordar BEFORE THE PLAMING COMMISSION[ CO\TRA COSTA COUNTY, CALIFORNIA In The Matter of Development Plan Application - No. 3026-77 - The Desco Group, Incorporated / WHEREAS, on May 24, 1977, the applicant, The Desco Group, Inc. , (Owners: Buckey/Friberg/Obert/Tobias), filed an application #3026-77, for Development Plan Approval for multiple development; and WHEREAS, the subject property is described as being approximately 3.99 acres fronting approximately 320-ft., on the east side of Del Hombre Lane, approximately 520-ft., north of Treat Boulevard in the Pleasant Hill BARTD Station area; and MEREAS, the subject property is located in a Single Family Residential Dis- trict (R-15), the applicant has filed a rezoning request (2132-RZ) , to rezone the subject property from an R-15 Zoning District to Multiple Family Residential District (M-3), to be heard concurrently with this application; and WHEREAS, a Negative Declaration of Environmental Significance was posted for this application on June 17, 1977; and WHEREAS, after notice thereof was duly, regularly and lawfully given, a public hearing was scheduled before.the Planning Commission on August 9, 1977, whereat all persons interested therein might appear and be heard; and WHEREAS, at said August 9, 1977, hearing, persons interested did appear and were heard by the Planning Commission; and IVIUMEAS, the matter having been submitted and the Planning Commission having fully considered the same as it relates to the health, safety and general welfare of the County, the orderly development of land in the County, the preservation of prop- erty values, the effect upon the neighborhood, the effect upon the general plan and the special conditions applicable to the instant case; and NOW, 111EREFORE, BE IT RESOLVED that the Pl:vuuing Commission recommends to the Board of Supervisors APPROVAL of the application of The Desco Group, Inc., #3026-77, with conditions recommended by the Planning Staff; and BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: (1) Generally, the intent of the proposed plan satisfactorily complies with the general plan for the area. (2) Site circulation appears acceptable given the unique site con- figuration. Careful attention has been given to cause the least impact on the existing Microfilmed with board order The Desco Group, Inc. , #3026-77 - Continued: single family residential uses. BE IT FURTHER RESOLVED that the following conditions are imposed on this per- mit: 1. Development shall generally be as shoti%n on plans submitted dated by the Planning Department May 24, 1977, subject to final review and approval by the County Zoning Administrator prior to the issuance of a building permit and subject to the conditions listed below. 2. A revised plan shall be submitted which complies with minimum and maximum development requirements established in the M-3 Zoning District.' Building units may be altered to achieve this required revision. 3. Comply with landscape and irrigation requirements, as follows: A. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval by the County Zoning Administrator. A cost estimate or copy of contract for landscaping improve- ments shall be submitted with the plan. Landscaping and irrigation shall be installed prior to occupancy. B. If occupancy is requested prior to the installation of the landscape and irrigation improvements, then either: (1) a cash deposit; (2) a bond; or (3) a letter of credit shall be delivered to the County for 100% of the estimated cost of the uncompleted portion of the landscaping and irrigat- ion improvements. If compliance is not achieved after six (6) months of occupancy, as determined by the County Zoning Administrator, the County shall contract for the completion of the landscaping and irrigation improve- ments to be paid for by the held sum. The County shall return the unused portion within one (1) year of receipt or at the completion of all work. If drought conditions exist, the six months` period can be extended by the Zoning Administrator. 4. The proposed building elevations shall be similar to that shown on submitted plans together with the changes suggested in the staff report. Prior to the issuance of a building permit, elevations and architectural design of the building shall be subject to the final review and approval by the County Zoning Administrator. The roofs and exterior walls of the buildings shall be free of such objects as air conditioning equipment, television aerials, etc., or screened from view. 5. Exterior lights shall be deflected so that lights shine onto applicant's property and not toward adjacent properties. 6. There may be one (1) sign for project identification purposes only permitted, subject to the review and approval of the Zoning Administrator. 7. There shall be perir.2eter fenchig adjacent to existing residential uses. The applicant shall submit fencing details to the Zoning Administrator for review and approval prior to the issuance of a building permit. S. Comply with the requirements of the County Building Inspection Department. 9. Comply with the requirements of the Contra Costa County Consolidated Fire District as follows: A. The applicant shall submit two (2) copies of the site plans indicating parcel number, street address and city, building use, locat*on oii property, Microfilmed with board order r The Desco Group, Inc., #3026-77 - Continued: size, type of construction and roof covering; streets, driveways and parking areas. Plans shall be reviewed and requirements desig- nated by the Fire Prevention Bureau. - B. ureau. -B. The applicant shall submit two (2) copies of drawings indicating floor plans, elevations, location and arrangement of fixtures and equipment, for review and designation as required protection by the Fire Prevent- ion Bureau. 10. Comply with the requirements of the Public Works Department as follows: A. Convey to the County by Grant Deed, 10-feet of additional right-of-way on Del Hombre Lane as required by the planned future width. B. In accordance with Section 94-4.414 of the Ordinance Code,- the owners of all existing easements within areas to be conveyed to Contra Costa County shall consent to the conveyance of those areas. C. The above instrument/s, which must be executed by the owner/s before any building permit can be issued, will be prepared by the Public [forks Department, Land Development Division. D. Submit site grading and drainage plans to the Public Works Department, Land Development Division for review prior to the issuance of any build- ing permit or the construction of site improvements. E. Construct curb, 6-ft. , 6-inch sidewalk (width measured from curb face) , necessary longitudinal drainage, and pavement widening on Del Hambre Lane. The face of the curb shall be located 10-ft., 'from the tiri.dened right-of-way line. F. Collect all storm water flows entering and originating within the sub- ject property and convey them in an adequate drainage facility to the existing storm drain on the easterly side of Las Juntas flay about 150-ft., northeast of the intersection of Del Hambre Lane and Las Juntas Way, if adequate, or to an adequate downstream facility if it is determined to be inadequate. G. Submit hydraulic and hydrologic calculations verifying the adequacy of the existing outlet pipe leading from the existing inlet. H. Install all new utility distribution services underground. I. Install two (2) street lights on Del Hombre Lane. The final location of the lights will be determined by the Traffic Engineer. This property shall be annexed to County Service Area L-42, for the maintenance and operation of the street lights. J. Submit improvement plans to the Public Works Department, Land Develop- ment Division for review; play an inspection fee and applicable light- ing fees. Overall curb grade plans will be prepared by the Public Works Department for use by the applicant in the preparation of specific improve- ment plans. The review of improvement plans and the payment of all fees shall be completed prior to the clearance of any building for occupancy by the Public [Forks Department. If occupancy- is requested prior to construct- ion of improvements, the applicant shall execute a Road Improvement Agree- ment with Contra Costa County and post the bonds required by the Agree- ment to guarantee completion of the cork. K. An encroachment permit shall be obtained from the Public Worl®l�ent, -3 ppticrofilmed with board order The Desco Group, Inc. , #3026-77 - Continued: Land Development Division, for driveway connections and other construction i,rithin the right of way of Del Hombre Lane. The instruction by the Planning Commission to prepare this resolution was given by motion of the Planning Commission on Tuesday, August 9,1977, as follows: AYES: Commissioners - Anderson, Stoddard, Young, Compaglia, Walton, Milano. NQES: Commissioners - None. ABSENT: Commissioners - Phillips. ABSTAIN: Commissioners - None. WILLIAM L. MILANO Chairman of the PlQ ommission o e County of ontra Cost a State of California ATTEST: Anthony/A.jDehaesus, Director of P ann ii:n:g., '—Contra Costa CounV Planning Derrtment. 00479 Microfilmed with board order i 11~"W r,n. C,,.-1 ns �••-.l rytt•1',nett ` 1 HILI R 10[ el IN /I/ 8. Rezone i` f•�tf %/ I,' t ! From _To _ 1" Ail -r/,�4 l=. T OF M 2,< 01 71� -77 Chairman of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of APpjRT�yQF'('w� 1,)1gTRlc,Ts MAP Fop. T"r-- Ee9... AM. _ CMITQw C,�cys-cw CauN TC�4Lj�na.�1. it ti Ms.Q�e.ib indicating thereon the decision of the Contra Costa County Planning Commission in the mater of .1AE- i__ 0-7 Chairman of the Cafitra Costa County Planning Commission, State of Calif. ATTEST: ---,,Secretory f the Contra Costa County Planning Commission, State of Calif. Findings Map Microfilmed with board order CONTRA COSTA couary PLANNING DEPARTMENT NOTICE OF F--_]Completion of Environmental Impact Report LXXX Declaration of Environmental Significance Lead Agency Other Responsible Agency Contra Costa County c/o Planning Department P.O. Box 951 Martinez, .California ,94SS3 Phone (415) 372-2091 Phone EIR Contact Person Margaret Coulter Contact Person PROJECT DESCRIPTION: THE DESCO GROUP, INC (Applicant) - BUCK L EY/FRIBERG/OBERT/TOBIAS (Owners) County File 3U26-/7s-The applicant requests for development plan approvaT for multiples. Subject property is described as: A descriptive parcel fronting approx. 3.30 ft. on the east side of Del Hombre Lane, approx. 500 ft. northerly of Treat Blvd., in the Walnut Creek area. (R-15) (CT3382) (Parcel #148-260-38) The Project Will Not Have A Significant Effect On the Environment The proposed development plan is in conformance with the General Plan. The project involves in-filling at a high density which is appropriate because of the proximity to mass transportation (BARTD). Removal of existing vegetation (orchard trees) will be mitigated by additional landscaping; this landscaping will also buffer surrounding single family residential neighborhoods. Proper design will encourage upkeep of the development and maintain- desirable appearance; design will be reviewed in conjunction with the development plan. Some clear pedestrian walkway to BART should be included in this development It is determined from initial study by Margaret Coulter - of the Y,X-lPlanning Department that this project does not have a significant effect on the environment. Justification for negative declaration is attached. IThe Environmental Impact Report is availa')le for review at the below address: I Contra Costa County Planning Department 4th Floor, North Wing, Administration Bldg. [line & Escohar Streets Martinez, California D(te Poste U 9_� !C�9* 991 Final date for review/appeal 'juq' E026 nrlq By1 ' , Planning Depart en Representative Atticrofilmed with board order inn 11-711 In the Board of Supervisors of Contra Costa County, State of California September 20 19 77 In the Matter of ` Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the reed for prompt execution of such Subgrant Agreements with each of the Subgrantees currently authorized to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. -1 hereby certify that the foregoing is a true and correct copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. Orig• Human Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts S Cants Unit Supervisors cc: County Administrator offixed this_?Q_t�,day of September 19 77 Coco ity Auditor-Controller County Manpower Project J. R. OLSSOi11, Clerk Director Subgrantees By 1r ,�c� �' il�==�-��C� Deputy Clerk .Jeanne 0. `Taal'-Pb RJP:dg 00 040 H•243/76 15m (ACCect�n�ent ta, 9/201"1. 11aat'el Order} (�i?:1't\ 'I'1T1,C .Vl' NUIiI,TC SIa2V1Cl 1-'j41 �l,4)YMt?NT 111.03V.12,11 SUBGRANT Kc. t?mnio, FW1?.CTFTCN1**V0N5 MART 0.11aludes 111,0,jects tuwtburlya".1 for 1111pl.(_.uientation In June and AugWlt, 1.977) I. New PSE Sub ranters: ''" MAXIMUM 12-MONTH PROJECT MAXIMUM SC'l3GRANT AGRI'sEMENT SUl:GR1122TF1; PROJECT NUMBER NUMBER OF JOBS PA`IMENT LTMI2' PA1':Sl:lti 1' LIMIT M _.. 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31,362 Inc. 2. Home Health and Cqunseling Services, Inc. 310 3 19,704 311` 2 20,494 40,198 ' 3. City of Pinole 312 3 40,810 313 2 26,917 ; 314 1 13,025 315 1 13,025 316 1 11,750 105,527 J4. United Council of Spanish Speaking ¢J p-70�L Organizations, Inc. 304 4 421686 3048 3 31,612 305 5 50,074 124,372 5. Neighborhood Clouse of North Richmond, Inc. 309 7 76,247 76,247 6. Los Medanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp Fire Girls, Inc. 321 3 301989 30,989 8, Enki Research Institute, Inc, --;da op -7,0Y 327 5 581382 328 7 851302 143,684 J9.. Pinole Family YMCA 300 4 38,980 38,980 10, Contra Costa Community College District 318 6 60,450 319 5 46,512 . 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 3088 3 44,963 94,159 1 12. Phoenix Programa', Inc, 329 7 68,946 68,946 --W .V-7/�- 13. New horizons Center, Inc, 325 3 32,762 32,762 14. Contra Costa Children's Council 331. 3 331152 33,152 (Attuclmient to 9/20/77 13oard Order) Pta�'e 2 of t, MAXIMUM 12-MONni PROJECT MAX INUM SUI MANT AC1ti:L:MEN`i' 'RU C' PROJECT NUMBER NUMBER OF JOBS PAYMENT LIMI'i' 1'A`i�:I.t�T LIMIT 15. Social Advocates for Youth---Diablo Valley 333 7 $ 66,917 $ 66,917 16. Contra Costa Crisis and Suicide Intervention 326 3 30,494 30,494 17, mist County Resource Center, Inc. 33.7 3 37,706 37,706 18. International Institute of Alameda County 334 4 37 ,322 37 ,322 19. Mt. Diablo YMCA 301 5 43,776 43,776 20. Region IX American Indian Council, Inc. 323 7 84,448 84,448 21. Linton business College, Inc, 320 3 23,872 23,872 22. iiusical Arts of West Contra Costa County, Inc. 330 3 32,778 32,778 -� Current PSE Subgrant.ees_ 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 32,087 3, City of Concord 174 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 82,080 183 6 82,080 .820,800 184 5 68,400 4. City of C1 Cerrito 107 2 24,847 108 6 70,774 109 2 21,346 3.3.0 7 85,169 ill 1 7.4,051 140 3 32,113 144 1 10,715 259,015 5. City of Lafayette 145 1 12,436 148 1 13,183 25,619 k -michment to 9,�t1/77 liozivd Ot'det) I. i� J of 14 1 MAXIMUM 1.2-•MONTII t'ROJrCT IIA.XIKIM SUIXItANT AGIM-.14E T SUI3CRAN'1'I:1: PROJI:C'1' 'NUMDI:[t' NUMBER OF JOBS PAYMT;I1`t.' 1,11.11.'1' 6. City of Martinez 185 3 42,400 185B 2 27,803 186 1 14,204 187 1 12,600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43',417 154 3 36,691 lt"J 155 1 13,140 ` 156 7 107,015 er 157 2 29,182 158 . 5 68,228 324,545 8. Pleagant Hill Recreation and Park District 134 1 11,167 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57,107 .:5 117 4 57,107 ' 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11, Brentwood Union School District 150 4 50,584 151 3 34,614 85,198 12. Byron Union School District 162 1 14,200 141200 13. John Swett Unified School District 103 6 681000 103E 7 761384 144,384 t. 14. Knightsen School District 104 1 12,81 9 12,819 15. Lafayette School District, 105 3 39,200 105B 4 56,034 106 7 95,234 190,468 16. Liberty Union School District 143 7 94,767 188 1 12,052 106,81.9 age 4 of 4 (Attachment to 9/20077 Board' Order) r MAXIMUM 12--MONTH PROJECT MAXIMW SUAGRANT AGREEMENT SUBGRANTEE PROJECT NUMBER NUMBER OF MOBS PAYMENT LIMIT rAYMENT LIMIT 17. rInrtinex Unified School District 146 5. $ 62,000 146B 2 29,058 91,058 18. 'Horaga School District 102 2 23,475 1028 5 59,004 82,479 19. Mt. Diablo Unified School District 118 4 56,328 tfa 119 5 58,981 xi 120 6 66,215 122 3 27,946 C 123 4 50,,673 124 6 68,936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741,539 20. Oakley Union School District 159 4 52,703 159B 3 40,788 160 4 53,196 161 7 900200 236,887 21. Pittsburg Unified School District 149 3 361382 149E 4 51,558 87,940 22, Richmond Unified School District 112 6 631302 113 6 65664 114 6 651664 115 3 351,731 230,361 23. San Ramon Valley Unified School District. 1.42 1 121224 12,224 24. Housing Authority"of the County or Contra Coata 141 6 861623 861623 25. State of California 190 3 31=754 191, 2 20,303 193 5 52,599 ` 194 1 10,506 115,162 I Contra Costa County Standard Form i � SUBGRANT AGREEMENT I + j (CETA Title VI PSE Projects) ; Number"' 738 8 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: LIBERTY UNION HIGH SCHOOL DISTRICT Capacity: Public Agency Address: 850 2nd Street, Brentwood, California 94513 3. Term. The effective date of this Agreement is July 29, 1977 and it terminates September 11, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 106,819 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE Liberty on tigh ool District By By Designee Lou nroazan, Acting Superint dent Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By ,.. authorizing execution of this Agreement) Designee Attest: LUr?SD Governin- Board Clerk (Designate official capacity) By, , Joseph P. Cutin �q/e :(Form approved by County Counsel) T�r rcnnlipr 7, L277 Microfilmed with board order OU Contra Costa County Standard Force PAYMXT PROVISIONS (CETA Title VI PSE Projects) Number 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the perfor=ance of Subgrantee's obligations under this Agreement. 2. Payr:ent Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost) , and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in acc=ordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the r:anth in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demands) for payment. 5. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: Subgrantee County ept. 00488 - 1 - i Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) 2 - X38 Number 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period o: time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cast Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Excevtions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: Subgrantee County lept. 00489 — 2 — i a Contra Costa County Standard Form GE,'NERAL CONDITIONS (CETA Title VI Subgrants) 2 Q w (7 r Number ee�� 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. 00490 Initials: Subgraneee County bept. Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 28 - 738 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final _ determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory _Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. 00491 Initials: �--Al Subgrantee County bept. ;ontra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 8 — 738 N�.uaber 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all _ consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a u1ni,.mum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Su gra ee Coua y Dent. 00492 -3- SPECIAL CONDITIONS (CETA Title VI PSE Projects) n Number^' tf `J 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. Project of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made bv. the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Sugirafip6e County ept. -1- 00493 SPECIAL CONDITIONS (CETA Title vi PSE Projects) Number 2 8 738 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. S. Child Labor. No person under 18 years of age shall be employed in any occupa- tion khich the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled :'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for a 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-today operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Z%asure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Mana-ement Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial infor=ation pertcining to its program in :accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and stall ensure that they are used solely for purposes authorized under this Agreement. Initials: _ Su gree CouAVept. 00494 . —2— SPECIAL CONDITIONS (CETA Title VI PSE Projects) _ � � 7 3 8 . Number`///..7+++ I 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain .justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis .for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 93.22) . Pursuant thereto, Subgrantee stall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: Sub r g,f`tM -3- bo opt. II i rs. SPECIAL CONDITIONS (CETA Title VI PSE Projects) � 8 — 7 3 t9J Number 17. Davis-Ba-:on Wage Rates. Subgrantee shall comply with applicable regulations CZ -he L. S. Depa=tzent of Labor (29 CFR Subtitle A, Section 98.29) regarding payment Drevailing wage rates to all laborers and mechanics employed by Subgrantee or any =-:bcoat__cto= in any construction, alteration, or repair, including painting and --coat:ng, of projects, buildings or works which are assisted under this Agreement, accordance with the Davis-Bacon Act, as amended. 13. Final Subgrant Closeout. In the event that the program operated by Subgrantee this Agreement is not funded by County under a new Agreement following termination of _b= within Agreement, Subgrantee shall comply with final Subgrant closeout procedures =s�_-ablished b5 County or the L•. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination o_ this Agreement, all financial, program, performance, and other reports required by CDunty under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, im-:luding materials and supplies, procured with Subgrant funds or otherwise acquired =der this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to =:'_ow Subgrantee to incur allowable administrative costs during said 60-day closeout period -for the purpose of initiating a final closeout of this Agreement, preparing =he above specified reports, and submitting said reports to County. d. Tinder any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such __ioaab:e administrative costs that are actually incurred, but subject to the 3a._ant Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated _ts Manpower Project Office to monitor performance under this Agreement. The Ha=power Project Office will represent the County in all the program phases of the ark, but it is not authorized to change any of the terms and conditions of this A3=eeme=t. Such changes shall be only by a properly executed modification to this :3=eement. The Manpower Project Office shall at all times have the right to inspect, =oni=or, and evaluate the work being performed under this Agreement. Initials: Su a e . County Dept. -4- 00496 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 28 - 738 Number Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (EPIC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted' or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Subgran ee County bept. 0049'7 -1- I ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number28 - M9 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)) . 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)) . 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)) . 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of- disadvantaged, fdisadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Subgrainiee County/Dept. 00498 -2- &+ ewr�#�.. �'." _':-�w r._ ,.:1K-z., ;�,...:..e..mr b,•.•�t'i� ...;�. :,•i':.::q: . ..."��-..o_— ._ .'�....�e..�Tc.'xt5wi ,... s:vr _usx, C�G!:.r '�.rS.�:'�!�%C..c �a :Ca'�at'+�. I ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number Ad V ' 38 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)) . 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)) . 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c) (1) . 29. No funds made available ander the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c) (1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604) . Initials: Subg:ranfee County Dept. 00499 -3- ASSURA;ICES AND CERTIFICATIONS (CETA Title VI Subgrants) 073 Number 4o (7 ' 8 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604) . 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5. Due consideration will be given to parsons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)) . 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). B. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)) . 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)) . Initials: __Arz Subg tee County Dept. 00500 -4- 1 ASSURANCES AND CERTIFICATIONS (CETA Title VI SubCP grants) Q Q Number `J 7 iJ it 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 1933, as amended. The only exceptions to section 6(a) (1) are where a participant is exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of E-ergency Jobs and Unemployment Assistance Act of 1974). C. additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title II of the Act shall only be used Lo r=.%vide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: Sub r e Count Dept. 005€?1 -5- - 4 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 7 Number 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number U) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 3, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County' s Manpower Project Office for verification of eligibility for participation. Initials: SubgrvaXee County Pept. -1- 005012 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 2 Numbef 7 ,38 Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Su gra Cee County Dept. -2- 00503 777T'.1= ......� _.Y.Ir_;. c.--.::.0-' .:.y«".t. .tee ,• _.-- `.� �J �_. �.,yr „..y_' -,•so'� PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 2 8 s 738 Number (3) In hiring such new participants hereunder, Subgrantee shall _ allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 56.25, 99.42(c), and 98.18(b)J . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: , Su gr n e County ept. -3 00504 e � PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q 2 t ry38 Number` 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by ' County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: Subgrantee County Dept. -4- 00505 I PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number 2 8 — 7 3 8 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, . b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work—related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: SubgfaaWe County epi. -5- 00506 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number-2 8 7 I J 1. PSE Project Job Positions. LIBERTY UNION HIGH SCHOOL DISTRICT (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #143 9/12/77- Maintenance Helper 4 48 9/11/78 Laborer 2 24 Secretary I 1 12 #188 7/29/77- Secretary I 1 12 7/28/78 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the Prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each . participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: SubfrZieee Countyy ept. 00507 • PROJECT BUDGET 28 - 738 Number 1. PSE Project Budget. LIBERTY UNION HIGH SCHOOL DISTRICT (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects under this Agreement in accordance with each 12-month Project Budget of allowable _ program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #143 9/12/77- (a) Participant Wages $ 66,310 9/11/78 (b) Participant Fringe Benefits 23,007 (c) Training -0- (d) Supportive Services -0- (e) Administration 5,450 TOTAL (Project Payment Limit) $ 94,767 (2) ,188 7/29/77- (a) Participant Wages 8,395 7/28/78 (b) Participant Fringe Benefits 2,761 (c) Training -0- (d) Supportive Services -0- (e) Administration 896 TOTAL (Project Payment Limit) $ 12,052 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end •of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials: Subg f a ee County/Dept. -1- 00508 PROJECT BUDGET Number 2 t7 M 7 3 8 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) _ of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budge t amounts. 3. Subgrant Summary. 12-Month Project a. PSE Project. Project Term Payment Limits (1) #143 9/12/77 - 9/11/78 $ 94,767 (2) #188 7/29/77 - 7/28/78 12,052 TOTAL (Agreement Payment Limit) $ 106,819 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: Subgran ee County Opt. -2- 00509 'tet OLFt;.,s•....,.'«�...i+,,...,....- ...,..__ In tha Bocrd of Svoarrisors of 28 _ 285 Cont:o Costa County, Sklta of California September 20 , 74 77 In the ,lAotter of Authorizing the Director, Hunan Resources Agency, to Execute Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgraatees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill C%TA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to mane initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the reco=endation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees currently- authorized to operate CETA Title VI PSL Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Huciaa Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation ,of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Sub-graat Agreements. PASSED BY THE BOARD on September 20, 19717 . 1 herby certify that the foregoing is a true and correct copy of an order entered on tha rr,inutas of said Board of Supervisors on the data aforesaid. Ori g• . Human'Resources Agency Witness my hand and the Sea] of the Board ar Attn: Contracts S Grants Unit Supervisors cc: County administrator affixed this?ft�,Lday of September t9 77 County Auditor-Controller County Manpower Project J. R. OLSSOy, Clerk Director j Subgrantees $y1.�—:� �• Deputy Clerk .Jeanne D. 'taC. '6 00510 RJP:dg H -243/76 15m i (ACtachmvnt to 9/20/17 11onrd Orclar) CVTA '1'11'1,x, VT PU111,TC til IMC1? I-,MCI,OYMI';NT PROJECT SU11CRANT ACitl?i?MRNT ;SPECT 1 T.CN1'_Tn_N_S_CIIARI' ...._._ (l:nc].ude.4 1'1:oj0eLs aut1101-1.zed for !.mp3.(:mer►LaLJ.on In June :till Augu:;L, 1977) I. New PSI: Sub ,rantees: • MAXIMUM 12-MONTH PROJECT MAXIMUM SUBCIMNIT WMEEMEN SU)3MI& TRI. PROJECT NUABER NUMBER OF JOBS PAYMENT LIMIT PAYMENT 1,1IdYT 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31 ,362 Inc. 2. glome health and Counseling; Services, Inc. 310 3 199704 311+ 2 20,494 40,198 3. City of Pinole 312 3 409810 313 2 26,917 314 1 13,025 315 1 13,025 316 1 11,750 105 ,527 4. United Council of Spanish Speaking; Organizations, Inc. 304 4 42,686 304B 3 31,612 ' 305 5 50,074 124,372 5, Neighborhood house of North Richmond, Inc. 309 7 76,247 761247 6. Los ldedanos Community Hospital District 322 4 431584 43,584 7. Alnmcda-Contra Costa Council of Camp fire (girls, Inc. 321 3 301989 301989 8. Enki Research Institute; Inc, 327 5 58,382 � 328 7 85,302 143,684 9. Pinole Family YMCA 300 4- 38,980 38,980 Contra Costa Community College District 318 6 60,450 2319 5 46,512: 106,962 Cil Carquinez Coalition, Inc. 308 4 49,196 308B 3 44,963 94,159 12. Phoenix Programs', Inc. 329 7 68,946 68,91,6 13. New horizons Center,• Inc. 325 3 32,762 32,762 14 . Contra Costa Children's Council 331 3 331152 33 ,152 ' ETI ill .�i;� kAZU161111cnt to 9/ /77 1i0;►rd Order) � .:�1;c u► �, MAXIMUM 12--MONT11 PROJECT MAXIt•!UM :: 1,11,G t, INT A(l)EI-14ENT, SWICHAN'1`RE PROJEcr Nt!?` IER NUMBER Oir .IONS PAYMENT_LIMIT 15. Social Advocates for Youth-Diablo Valley 333 7 $ 66,917 4 66,917 16. Contra Costa Crinis and Suicide Intervention 326 3 30,494 30,494 17, Cast County Resource Center, Inc. 33.7 3 37,706 37 ,706 18. International Institute of Alameda County 334 4 37 $ 22 37 ,322 19, Mt. Diablo YMCA 301 5 43,776 43,776 20, Region IX American Indian Council, Inc. 323 , 7 84,448 84,E48 21. Linton Business College, Inc. 320 3 23,872 23,572 22, 11u3icnl Arts of k'est Contra Costa County, Inc. 330 3 32,778 32,77S Current PSE Subhrantees 1. City of Antioch 169 3 42,000 170 6 78,1416 171 3 41,105 172 1 12,400 173,923. 2. City of Brentwood 173 3 32,087 32,057 3. City of Concord 3.74 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 82,080 183 6 82,080 .820,800 184 5 68,400 City of Ll Cerrito 107 2 24,847 108 6 701774 }...1. 109 2 21,346 3.3.0 7 8513.69 111 1 141051 140 3 32,113 3.44 1 101715 259,01i S. City of Lafayette 145 1 12,436 148 1 13,183 251619 k f R P e Irk t 3�p I'.11�v J 111 ! $ A1NCT.AIUht 17.-MON'l'll T'RU.II?C'1' 1•IAKTEIIIt•I ;;IIL'i.i(,11•I'I' A�.J:1:;'f•I1:l.'1' S1 IGHAN'TI!,! T'ItOJl:C'I' M1131;11 NUMBER OF J0115 PAYMENT LIMIT I'A'i 111 I.'1' I.1 I i i'I' f' 6. City of Martinez 3.85 3 427400 1.8513 2 27,803 186 3. 14,204 187 1 12,600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43,417 154 3 36,691 l 155 1 13,140 156 7 107,015 157 2 29,182 324,545 158 5 681228 8. Pleasant Hill Recreation and Park District 134 1 11,3.67 135 1 11,685 22852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 570107 .; 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11. Brentwood Union School District 150 4 50,584 151 3 34 ,614 r 85,198 12. Byron Union School District 162 1 14,200 141200 13. John Swett Unified School District 103 6 68,000 103B 7 761384 144,334 3.4. hnightsen School District 104 1 12181 9 12,839 15. Lafayette School District 105 3 39,200 105B 4 561034 106 7 951234 190,468 16. Liberty Union School District 143 7 94,767 ' Q 188 1 12,052 1061919 Cil i .r (A`Ctuchmant to 9/20/77 Board Order) Paea 4 of 4 a MA.".ItiUM 12-Hourii PROJI'M riA.1,rrfllii SUBcRA�rr AGIIEKY.:..tis SUDOPU -IT PROJECT NUMBER NU14BER Or JOBS PAYMENT 11"Id1T 17. Martinez Unified School District 146 5 $ 62,000 1468 2 29,058 91 ,058 l8. 11fornp School District 3.02 2 23,475 10213 5 59,004 82,479 19. Mt. Diablo Unified School District 118 4 56,328 119 5 58,981 120 6 66,215 122 3 271•946 123 4 501.673 124 6 68, 936 125 4 45,840 126 6 68,936 127 6 66,215 128 /1 56,328 129 4 44,044 130 4 51,711 131 4 44,027 �. 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 159E 3 40,788 160 4 53,196 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36,382 1498 4 51,558 871940 22. Richmond Unified School District 112 6 63,302 113 6 651664 114 6 65;664 1.15 3 351.731 230,361 23. San Ramon Valley Unified School District 142 1 121224 12,224 24. housing Authority"of the County of Contra Costa 141 6 861623 8616' 3 25.(,:=.Cutc of California 190 3 31,1754 191 2 201303 F...ti 193 5 52,599 ��,,, 194 1 10,506 115,162 as �, > n x w a. > r ni rt w O o Oa a W El 0 00 N• 5 G W r m HOQ n rt p H H r GQn N :Y g m H O G fD n ~ O k4 n rt n n P m rt 14 �7 9 O M m a H a t1' a rt o m p H iD n 0 n a G N rt x H 0 N rt N H rt n w 0 O r O H rt m rt H W N "0 r Ld H O N• b 4:W m :310 Isi ro rt N rt 'fd b ,, . m CO :1 H t� t» G 9 n mt3. 0 O W )-, O G CY 0 8 I rt cn w m M N m us n N• m x r-3 cY i m 0 M rt G tort n mt� rs V W. i>+ ti m ca 0, t' co N mR. rMt� p w N• M00 H P• x " A, 9 n 0 @ m cr H n Q. W. MN N G. G rt fHa H nt H W rt tn V '� H a a N b O 0 .Q � C7 MR- NO' x � M Cs. rt N v r 0 G 9 n a 4 r H G t= C w n H O rt 0 t'' �o rt w 03 W w G to rt m r G t=i G V r C V :7. w rt ai G i rt ID N w N• rt d W tri C? oo tD rt H FA p rt o MH. o N Cl b l M W t° 0 1 bi w �C r''S N• W �3 n w� f') ty N• ti t{ p p m O rt 10 (A Mo 04 C rt N m O CL OQ P. WC rt rt O C m $ OD r o b � o t� a° t`-' - W � Hn � C, 00 x P. n rt Ct' .0 •C ti•`C a Q Ca 0 H w w a. pz rt n rt H ry mcn z cn o H H r w H o• y r M o0Hct m W 00 a tni rG{ v O a n +Oi Oo t•4 C C t�+• M nr W ib o H n t7 rt � rt N• c :3 y w H W o m N :Y :! tri W n w H "G o a M cy rt w a w oa a rt 14 G 0 cn o rt r w a W cn tD rt > rt p H w W rt () C*f ro rn w a. 14 rra' b a 0) Mw N � N rHc x a rt � rt M n° " wO 0 woow ft 1-4N• a` w W n C' rt N (A M n %0 w rt m M M O m > m C) rt o• C0 H a n a. n n cri w rt o Ln H o ads s m ?r , x w Frt'• to 9 M N f°- w `n x .� 0 m O w ri G m 3Qp HH4 H rrt �-h n H H r O o cn rt 0. to rt rt w w r3 (DD GnI C O"OQ h @ H G N N rt H m H n O O O tn tD P n H C r, O n O P rt r rwi y tHD H `C rt W H m M rt '" ro M H- a. w 0 Qr n. rT ro n 0 H a 0 0 rn M FC a n . G w w O H p M G n O rt : C M r C V rt r C"4 tD 0. 0 a. r H N• ro fD N• Vt r W H N m N• 8O M G e H q1 W Q' rt to 0 n O G r N• N• m N• O tr rt H r V W k "0 ":• ".i tl. rt M M H o4 to ,"3 N• 1 O V O H rt tiC O O m G N• n � t-+ C 00 V rt 'd G `4 O M rrG1� r w N bi m H. O' G' a' w rr Imo. Op CATt 0 0 r 0 w rD N a• n N w to (u m W w w t7 H C.3. cD m %010 p a. ti n P. r r o :j m V N M A 111 czlciut.tne tt1 9/20/77 lWard Urdu)-) /gage 1 of 4, CKTA 'I'TTI.r, VT 1'UALTC RIrRVTCR N-111I.n1'NENT PRO.TI:OT SUISCRANT AGRt3-NENT S1'HCT1-T.CN('T01q8 CHART •.•a•.a.�rr711r1.0..w.r7++o(va.�twl .P«.1.ao.wja.e+..c..et...s....w••.w+..oay.•..•.r.«.....�...+,..... .—..w«ntwo.+.n.....•L�n..,.�J..u..,n.•re.....i.t,•n..d Ati.vwu.r: .r 11Ti ... ...• - >:. ilet,t t'Str Subgrantces: ' MAXIMUM 12-MONTH PROJECT td.AXIt•!U,%! SUB0VA;;1' SULCI2e11T1:1 .ROJr.CT NUHDER NUMBM. or, JOBS PAWIENT LIMIT VAYWNT 1.1.1.111' 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 311362 Inc. 2. 11ome health and Counseling Services, Inc. 310- 3 19,704 311 2 20,494 +0,19E 3. City of Pinole 312 3 40,810 313 2 26,917 314 1 13,025 315 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 � 304D 3 31,612 305 5 501074 124,372 5. VeiEhborhood house of North Richmond, Inc. 309 7 76,247 76,247 6. Los Medanos Community Hospital District 322 4 431584 43,564 7. Alameda-Contra Costa Council of Camp Piro Cirls, Inc. 321 3 301989 30)989 8. Enka Raccarch Institute, Inc, 327 5 581382 328 7, 85,302 143,684 9. Pinola Family YXCA 300 4 38,980 38,9SO ■ 10, Contra Costa Community Collage District 318 6 60,450 � 319 5 46,512 , 106,962 11. Carquinez Coalition, Inc. 308 4 119,196 308B 3 44,963 94 ,159' ' 329 a 7 68 9116 6;3 9;C. 12. I i�oenix Pro4rama', Inc. , , . ' 13. Neta llorizo�iCenter,: Inc. 325 3 32s762 32,762 lei. Contra CosWChild ren l s Council, 331 3 33,15.) 3311f.2 r to 1it!a1'lt tia'ttar) Pale- 1 oV q MAXIMUM i'HO-11:cT 14A};4MUM ��ttilt:4.Ar1'1'1;1: t'1t0.11"(113' NIUM411:1t 01` 3011" PAYhtl�.l T LIMIT 15. Social Advocates for Youth—Diablo Valley 333 7 $ 66,917 C.C.,tj17 16. Contra Costa Criniu and Suicide Intervention 326 3 30,494 30,Is94 17, East County Resource+ Center, Inc. 31.7 3 37,706 37,706 18. International Institute of Alameda County . 334 4 37 ,322 37 ,3:22 19. Mt. Diablo YMCA 301 5 43,776 43,776 20. Region IX American Indian Council, Inc. 323 . -7 84,448 1).'x ,41,8 21. Linton Business College, Inc. 320 3 23,872 23,872 22. Nu3icnl Arts of Wast Contra Costa County, Inc. 330 3 321778 3:.,775 urrent PSE Subgrantees 1. City of Antioch 1.69 3 42$000 170 ' 6 78,416 171 3 11101.05 1.72 1 12,400 2. City of Brentwood 173 . 3 32,087 32,037 3. City of Concord 1.74 6 82,080 . 175 7 95,7 60 1.76 4 54 ,720 1.77 7 95,760 1.78 6 82,080 1.79. 7 95,760 f 1801. 6 82,080 182 6 82,080 183 6 82,080 820,800 181, 5 6G1400 4. City of El Cerrito 1.07 2 24,847 108 6 70',774 109 2 21,346 � G CA 1.10 7 85,169 ' r ill 1 1111051 ti 140 3 32,113 1114 1 10,715 :?5L1.415 5. City of Lafayette 145 1 12,436 148 1 1.3,183 ?S,Gte1 3 of A 2 , r i A Y ! 1 t'•1 tui. + V ': • �iA��riurl t, ••i'tc��s u 111M.11-TN' �r+. ,'1 •�� c•1 � . :1.,� .. �. '.: 1 .1. ;'± :,uac;l;An'r1 r 1►ic�alrr.�r riurrnrit NUMMM 011 J0118 PAYMENT 1.1, I T 6. City Of 3 41,400 10511 2 17!003 � 186 3. 1.11,7.04 187 1 120600 "1 ,007 7. City Pittsbur8 152 2 26,872 153 3 43',417 154 3 36,691 155 1 13,140 156 7 107,015' 157 2 290182 , 158 5 68,228 324,,1.5 8. Pleasant 11111. Recreation and Park District 134 1. 1 11,7.67 1 135 1 11,685 22 ,352 9. City of Walnut Creak . 165 1 13,039 166 3 39,420 167 1 13,039 65,1198 10. Antioch Unified School District 116 It 57,107 117 4 57 ,107 136 2 26,954 137 1 11,632 • 138 4 56,712 209,512 11, Brentwood Union School District 150 4 50,584 151 3 34 ,614 t 85,198 12. Byron Union School.Distriet 162 1 14,200 14 ,200 13. John Swett Unified School District 103 6 68,000 103B 7 76,384 144,334 1.4. Knightsen School District 101 3. 12,819 12,819 15. Lafayette School District 105 3 39,200 © 105D 4 561034 106 7 95j234 16. Liberty Union School District Cn 143 7 94,767 . ].88 1 12,052 106t3i.9 F AVLaclitrutu to 4/20/77 Board Order) Pale 4 of q - r y tf « t '1V 1 a MAXIMUM 7.2-1.10!11'!! P110-11-TT i'ttt�. {1'�1.:� '1V' W 1'(41A> TIT MWEXT N'UMM-3t NUM111113t (W JOBS VAYNKNIT LIMIT VA v.'.i":t• ;,t ri c T 17. M,•trt:inr.z Utiifictl school Dtatrict l46 5 62,000 146A 2 290058 {j! ,0-',B 18, Z-lorar.a School District 3.02 2 23,475 10211 5 59,004 19. 1'!t. Diablo Unified School Di=strict 118 11 56,328 119 5 58,981 120 i 6 66,215 , 1.22 3 27,94 6 123 4 50,;673 124 6 68,936 1125 4 45,840 126 6 68,936 127 6 66j215 128 4 56,328 129 to 44,044 • 130 4 51,711 t 131 4 44)027 aII 132 4 35,359 741 .539 20. Oakley Union School District 159 4 52,703 15913 3 40,788 160 4 5317.96 161 7 90,200 236,687 21. Pittsburg Unified School District 149 3 36,382 149D . 4 511558 871940 22. Richmond Unified School District 112 6 63,302 113 1 6 651664 11.4 6 651664 115 3 351.731 230,361 k n 23. San Ramon Valley Unified School District' 142 1 121224 12,224 i 24. !lousing Authority"'of the County of<antrit CostA 141 6 861623 8161623 w 25, State of California c 190 3 3I.1754 191. 2 20,303 GD 193 5 194 1 10,506 i • 4 i S. t} l �i t' rr { ,Contra Costa County Standard Form SUBCRA:tT AGREEMENT (CET?. Title VI PSE Projects) Number 2 "R — 7 2 6 1. Agreeaeat Identification. Pri=e Sponsor: County of Contra Costa De?artment: Human Resources Agency Manpower Project Subject: administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. the County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subt-rantee: CITY OF EL CERRITO Capacity: A Public Agency Address: 10890 San Pablo Avenue, EI Cerrito, California 94530 3. Tera. The effective date of this Agreement is * July 5, 1977 and it terminates Seotember 11, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $259,015 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work- necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA. Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the folloving legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By y — Designee (Designate official capacity in public Recomended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By authorizing execution of this Agreement) Designee ._ / / _ Attest: ` ��`'� Vt��o Desrgr+ate official rapacity By (Form approved by County Counsel) Dated: / - // - 7d' '�'e.4•�.:`..a rw Contra Costa County Standard Forts PAYMENT PROVISIONS (CETA Title VI PSE Projects) i P:umber 2 " _ 7 2 6 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in e-xcess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and ;ire actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an ajount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are deter=. ned in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: /Subgrantee Coun-tydDept. 00521 - 1 - Contra Costa Caurty Standard Fora PAYZ%E,%-f PROVISIONS I (CETA Title VI PSE Projects) 28 - 726� - Plumber 7 2 6 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Proora= Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period or tine as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acuta:Ly been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) shot: that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment A-mouats) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or - coaplying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: ,/L'Z-7 A/ $Gbgrantere Count3oDevt. 00522 - 2 - Cortr� Costa County Standard Form GENERAL CONDITIONS (CETA Title :'I Suborants) 2 8 1. C_~D_iance t.-1 Lau. Subgrantee shall be subject to and comply with all Federal, State and lx.'_ '1 :a and rezulat_ons applicable with respect to. its perforance hereunder, 1:iCll:uiilc, but not limited to, licensing, employment and purchasing practices; and wages, hours and co-.-bons of employment. 2. '_'ns.DeZt4eZ. SLbgrantee's performance, place of business and records pertaining to t* is :,ec-ent are subject to monitoring, inspection, review and audit by authorized rc�resen:et�vcs of the County, the State of California, and the United States Go arn=ent. 3. 7:_cc=_s. Subgrantee shall 'Keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as -ay be required by the County. 4. -Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final pay-"ent demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the fundin- period covered by this Agre—ent or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Ter-mination. . a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled i=ediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrartee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bird any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of- operating £ operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any aaaner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Mod-ifications and Amendments. a. General Amendments. This Agreement may be a:odified or amended by a written docu-ant executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. dr.inistrative Amendments. Subject to the Payment Limit, the Payr..ent Provisions and the Program Operating Plan may be amended by a written administrative a-c :d^_ar.t e:•:Fcuted by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided chat such administrative amendments r:.c; t:ot naterially change the Payment Provisions or the Program Operating Plan. 00523 Initials: Subr.�antee Cottnct e?-. Cancra Costa County Standard Form GE", ERAL CO`TITIONS (CETA Title VI Subgrants) Q �+ Number (7 v 9. Diszut_es. Disagreements- between the County and Subgrantee concerning ..the =eaning, requir=_rents, or performance of this Agreement shall be subject to final date-r-inati.on is writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) re:u:red by the State or Federal Government. 10. Choice of Lac: and Personal Jurisdiction. a. 1h is Agreement is made- in Contra Costa County and shall be governed and c_-s:rued in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State re,slations to-aching upon the subject of this Agreement be adopted or revised during the tens hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. 'No itiaiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or pa,—yments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comely with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns art representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or mcaies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Indevendent Contractor Status. This Agreement is by and between two independent con- tractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and aay =s=bers of its governing body shall avoid any actual or potential conflicts of i^_terest. If Subgrantee is a-corporation, Subgrantee agrees to furnish to the County u:on demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agree=ent, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to exa=_nation for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the ae=inistration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, se{, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. o(_)524 Initials: Al 4ubgra tee County ept. r Coatra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 28 - 726 Number IS. Indemnification. The Subgrantee shall defend, save harmless and indgmnify the County and its officers, agents ani employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. insurance. During the entire term of this Agreement and any extension or =odification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, na=ing the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the less of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by then shall not be required to contribute to any loss covered under the Subgraatee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificite(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. ;notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the rails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: A/ Aubg-raffitee County/Dept. 00525 -3- i SPECIAL CONDITIONS (CETA Title VI PSE Projects) Plumber 28 - 726 1. Co=oliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title V of the Cor^_prehensive En?loyment and Training Act of 1973, as amended, including Title 29 of the Co-'e of Federal Regulations, Subtitle A, Parts 94, 90, 98, and 99, as published in the Federal Register, Vol. 41, Pio. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, Pio. 93, Friday I-lay 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. k.ailable Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain. in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program • operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective ter-m of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expeadiiures by Subgraatee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part- performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Subgrantee Count Dept. -1- 00526 A SPECIAL CONDITIONS (CETA Title VI PSE Projects) 28 - 726 Number 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such docu=c ts, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. S. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age all be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. A fire=tive Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled :'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CF? ?art 60) . Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Enviror.=ea+tal Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgraatee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Watcr Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. P=cgra :anagement Requirements. Subgrantee shall establish and maintain internal prcgra~ t_anagement procedures for the effective administration of its public service em-ploy--eat program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial 11anagement Requirements. Subgrantee shall comply with Federal 11anagement Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal repo7ting requirements, b. E�fective control over and accountability for all agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and stall ensure that they are used solely for purposes authorized under this Agreement. Initials: //^- & 'tub-rantee County Dept. 00527 SPECIAL CONMITIONS (CETA Title VI PSE Projects) 28 - 726 Number 13. Property ianagemeat Requirements. Subgrantee shall comply with applicable require--eats established by County or the U.S. Department of Labor governing the procure=ent, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500) . Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. . 14. Property Records. Subgrantee shall maintain accurate records of any CETA equip-ment and other such property procured with CETA funds or otherwise acquired under this isreeaent in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FIC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide matimum open and free competition and prevent. conflicts of interest or noncompetitive practices which .may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment,- supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. :Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgr-ntee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotir:a (29 CTR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a MEriber of his or her irm:ediate family is already employed in an administrative capacity by Subgrantee. Initials: i Subgrantee County ept. 00528 hi ..a.u ..k...� ��.-.:,u, •3.:a:'n�.:.;ti.sr.,...,;., .;a_te..e�$^ �.`i�-r�".�r�:d:. ...lSw#*. ... ra �'.,�w .� r..a+u,,...a ®..a 9 ,.,r+c,`?"�a.,:+,t � � SPECIAL CONDITIONS (CETA Title VI PSE Projects) 28 - 726 Number 17. Da-:is-Bacon tare Rates. Subgrantee shall comply with applicable re;ulations _^e L'. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regardic:,, pay—iant of p:evai %:sga rates to all laborers and mechanics employed by Suboraatee or any s•.ib:antracLor in an; construction, alteration, or repair, including painting al:.: �eco:ati::g, of projects, buildings or works which are assisted under this Agree;::nt, in _=czordance with the Davis-Bacon Act, as amended. lo. Final SuSgrant Closeout. In the event that the program operated by Su`_•:;rantee %_3der this Ag_?enent is not funded by County under a new Agreement following te-::ination of the -within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the terhizatioa a: this Agreement, all financial, program, performance, and other reports required by Caunt; under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, k;. incl•:ding materials and supplies, procured with Subgrai:t funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to cello Subgrantee to incur allowable administrative costs during said 60-day closeout ?eriod for the purpose of initiating a final closeout of this Agreement, prepariag the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Pay=eat Limit of this Agreement. 19. County's Designated Representative; ;codification. County has designated its Manpower Project Office to iaonitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the ::or::, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Subgrantee County apt. -4- 00529 .._., ASSURANCES r.`:0 CERTIFICATIOSS (CETA Title V1 Suhgrants) 28 - '726 Number Subject to the General and Special Conditions, Subgrantee assures and certifies t::at. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CET, ) , 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Xanagement Circular (INC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation Of programs, and the maintenance of records, books, accounts, and other documents u:3er the Act. 3. Ii the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the z=eadments or recisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, Lotion or similar action has been duly adopted or passed as an official act of the S•ubgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional inforration as may be required (sections 102(x); 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII of that Act no person in the I:rited 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 discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement), and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sets, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Subgrantee County ept. oo530 -1- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 28 - '726 number 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)) . 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee; who are covered by a State or industry workers' compensation statute; and provision of workers' 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, :here others similarly enga-ed are not covered by an applicable workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the Job shall only be for occurations in which the Secretary of Labor or the County has determined there is reascnable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County's review to assure that funds are being expended in accordance with the purposes and �rovisicns of the Act, including the maintenance of records to assist the Secretary or C:•unty in determining the extent to which the program meets the special needs of dis:-%-a lta;ed, chronically unemployed, and low income persons for meaningful employr-ent op-j.c-r.unities (sections 703(12) and 311(c)) . Initials: Subgrantee Count} ept. 00531 -2- ASSURANXES AND CERTIFICATIONS (CETA Title VI Subgrants) 28 - 726 Number 23. its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in-service training and technical assistance prograLs, and other policies as may be necessary to promote the effective use of funds (section 703(14)) . 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local miaim wage for the cost nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (d) the minimus 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 along other establishments in the community or area or any minimum rate required by an applicable collective bargaining agreement. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a)(1)(B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract, B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide suff:.cient prospects for advancement or suitable continued employment by providing complf:mcntarS training and manpower services designed to: (a) promote the advancement of partit:iparts to employment or training opportunities suitable to the individuals involved, whetbur in the public or private sector of the economy, (b) provide participants with skill:: for ,.hich there is an anticipated high demand, or (c) provide participants with self-t':_-volopnent skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to prec7,:-:r_ persons or programs for whom the foregoing goals are not feasible or appropriate (sectors 205(c) (4) and 604) . Initials: �L7 Subgrantee County ept. OU532 -3- fti y ASSURANCES AND CERTIFICATIMIS (CETA Title VI Subgrants) Number 28 - 726 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604) . 3. It will give special consideration in filling transitional public ser-.rico jobs to unemployed persons who are the most severely disadvantaged in terms oLt're length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 'o 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 as employee to be supported under the Act (section 205(c)(8)). 5. Due consideration will be given to persons who have participated in ranpower training programs for whom employment opportunities would not otherwise be immediatel, available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- merts at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or Count, 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)). 8. Erhere appropriate, it will maintain or provide linkages with upgrading asci other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar work, with opportunities to do so and to find permanent, upwardly moble careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elite ination of articificial barriers to employment and occupational advancement, including. opportunities for the disadvantaged (section 205(c)(21)). 10. Not more than one-third of the participants in its program will be eaploced in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in tI:e case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)) . 12. Its jobs in each promotional line in no Bray infringe upon the promotional opportunities which could otherwise be available to persons currently employed in public service jobs not subsidized under the Act, and that no job will be filled in other t? an an en"iy level position in each job category until applicable personnel procedures and Coll-_t-rive bargaining agreements have been conplied with (section 205(c)(24)). Initials: ubgrantee Count, Rept. 00533 -4- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 726 13. Jobs are in zdditivn to those that would be funded by the Subgrantee in t abs_nze of assistance under the Act (section 205(c) (24)). 1-. Persons employed in public service jobs under this Act shall be paid wages s =ll not be lower than whichever is the highest of: a. The minimum hourly gage set out in section 6(a) (1) of the Fair Lahor Act of 1938, as amended. The only exceptions to section 6(a) (1) are when: a p_=L+c�oa::_ is exempt under section 13; b. The State or local minimum wage for the most nearly comparable covered e=plo rent; 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, ti:= p:avai?ing entrance rate for the occupation among other establishments in the co=tzity or area, or any minimum rate required by an applicable collective bargaining agnearent; or e. The prevailing rate established by the Secretary, in accordance with the Davis-Bacon Act, as amended, for participants involved in employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. SL:!�grartee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Spezific effort should be made to develop appropriate full or part-time opportunities foe• such veterans. In order to ensure special consideration for veterans, all pa'sl-ic service employcent vacancies under Title VI, except those to which former employees are bei-n.- recalled, must be listed with the State employment service at least 48 hours (e::cluding Saturdays, Sundays, and holidays) before such vacancies are filled. During Chis period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c)(5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee'sha].1, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a)(2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined .in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from une--ployed and underemployed persons (section 205(c) (20)). Initials: A/ ubgrantee Count Dept. 00534 -5- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 "R 7 2 6 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (y) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographi= boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referral..,s, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who "is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: s ubgrantee County ept. -1- 00535 I.. _-��: "r��:a:r+.rte--tar+.. _x._n.w RYSzsayi.-^_«+5�?�re*.+. - •.x.,:tr; ..�,' .^ ,._..+4 +`�1__.0 „nar�nre-vt.r>z PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 7 2 6 Subgrantee -ust obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of ap?licants who attest in writing to their own eligibility, Subgrantee must obtain the zecessarJ written verification from County no later than 60 days following the date that tae applicant is hired by Subgrantee; in such cases, participants who are `ound to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verificatian Of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii) , (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-tine, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Subgrantee County pt. -2- 00536 ,.,�. x 'FS.;' ":'1 ;,.� , �"'". .. _z, _.. ".. . a«.. -+`_. ms's..— ..• .s.q �.... .. se.. _ _ ,,•;Y: ikk7. � !� i+�..uwK.'c" . ,{:;.: aaF__ ".?sR,,.. -_;:�1.. <. .":' .� .x ... ..r...a..a«... _��:�; �-i�"k,...•..s.q 'Fc .,!�? .._ r........ ...:"_...�.. .,....fst'..-be__ 1i PROG.ILA-i OPERATING PLAN (CETA Title VI PSE Projects) 28 - 726� _ 2�j Number 7 "— '" (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii) , (iii) , and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor— porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)]. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401—D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: /Subgraiftee Count Dept. -3- 00537 rr� ri r PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 2 Number 2 _ 7 "- 6 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence o�, County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: /,�� 'el Subgrantee Count Dept. —4— 00538 -VAN PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Mf �j Number 2 8 — ` 2 " ' 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 95.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised), Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the, training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee County pt. -5- 00539 r MEM �1 li ii �f l maw ,1 i PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 2 "R _ 7 2 6 1. PSE Project Job Positions. CITY OF EL CERRITO (Subgrant-e-eT shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #107 9/12/77- Employment Counselor 1 12 9/11/78 Jr. Clerk-Typist 1 12 #108 7/20/77- Recycling Coordinator 2 24 7/19/78 Recycling Aide 3 36 Secretary 1 12 #109 7/27/77- Park Maintenance Aide 2 24 7/26/78 #110 9/1/77- Planning Aide 1 12 8/31/78 Jr. Clerk-Typist 1 12 Child Care Coordinator 1 12 Counseling Aide 1 12 Weed Abatement Coord. 1 12 Street Maintenance Aide 1 12 Building Painting Aide 1 12 #111 7/18/77- Volunteer Coordinator 1 12 7/17/78 #140 7/5/77- Public Information Asst. 2 24 7/4/78 Jr. Clerk-Typist 1 12 #144 8/11/77- Microfilm Clerk 1 12 8/10/78 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has .potential for advancement or for suitable continued employment. Initials: /tubgzFanlee Count Dept. 00540 PROJECT BUDGET Q Number 2 8 — `rjr 2 6 1. PSE Project Budget. CITY OF EL CERRITO (Subgrantee) shall conduct its CETA Title VI Public Service Employment PSE Projects under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #107 9/12/77- (a) Participant Wages $ 17,699 9/11/78 (b) Participant Fringe Benefits 5,309 (c) Training -0- (d) Supportive Services -0- (e) Administration 1,839 TOTAL (Project Payment Limit) $ 24,847 (2) #108 7/20/77- (a) Participant Wages 50,128 7/19/78 (b) Participant Fringe Benefits 15,284 (c) Training -0- (d) Supportive Services -0- (e) Administration 5,362 TOTAL (Project Payment Limit) $ 70,774 (3) #109 7/27/77- (a) Participant Wages 15,120 7/26/78 (b) Participant Fringe Benefits 4,646 (c) Training -0- (d) Supportive Services -0- (e) Administration 1,580 TOTAL (Project Payment Limit) $ 21,346 (4) #110 9/1/77- (a) Participant Wages $ 60,663 8/31/78 (b) Participant Fringe Benefits 18,198 (c) Training -0- (d) Supportive Services -0- (e) Administration 6,308 TOTAL (Project Payment Limit) $ 85,169 Initials: 1'e" /'/ ubgrantee Countq pt. -1 00541 tip;:. PROJECT BUDGET Number 2 Q" _ 726---- 12-MONTH 2612-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (5) #111 7/18/77- (a) Participant Wages $ 9,944 7/17/78 (b) Participant Fringe Benefits 2,884 (c) Training -0- (d) Supportive Services -0- (e) Administration 1,223 TOTAL (Project Payment Limit) $ 14,051 (6) #140 7/5/77- (a) Participant Wages $ 22,680 7/4/78 (b) Participant Fringe Benefits 7,055 (c) Training -0- M Supportive Services -0- (e) Administration 2,378 TOTAL (Project Payment Limit) $ 32,113 (7) #144 8/11/77- (a) Participant Wages 7,560 8/10/78 (b) Participant Fringe Benefits 2,361 (c) Training -0- M Supportive Services -0- (e) Administration 794 TOTAL (Project Payment Limit) $ 10,715 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Initials: ; ubgrantee County Dept. -2- 00542 •z-:a..--. ��Y...� �T�..�SN:w�_'-ufl�. .SGYr•.,��'"'JRd:Tc:_.°+e� �"t'_...,..�� r_ PROJECT BUDGET 28- - 726 Number Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 1152 of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. a. PSE Project. Project Term Payment Limits (1) #107 9/12/77-9/11/78 $ 24,847 (2) #108 7/20/77-7/19/78 70,774 (3) #109 7/27/77-7/26/78 21,346 (4) #110 9/1/77-8/31/78 85,169 (5) #111 7/18/77-7/17/78 14,051 (6) #140 7/5/77-7/4/78 32,113 (7) #144 8/11/77-8/10/78 10,715 TOTAL (Agreement Payment Limit) $ 259,015 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials; �6ubgrantee Count Dept. 00543 -3- i }4 G f� 1_ S (Attar.h{uent to 9/20/77 Board Order) CV i i t f • t t #, t 1 f 4 f Y !4 CVTA I'1 i3.E. V7 1'U111.TC 4i?i2VTt,i, i?Ftl'II_{)lhii,fiyl 1?Rt1.7S?t;l' .`iUiIt,12AN_i Atliti;l%fhti�.Nl _Sl.'I?t;Ti�7CA_'t''('t1NS C1ihR'1' ' . r ^{Fnc:l.udCH 1't:c:JCCt�i autittist'1r.c�cl !.csr�-11111)1011.101 VA LJ Ott In June and Aueu;to 1.11'17)"_...__.. I. New 11SR Subgrant:een: � 6° MAXIMUM 12-MONTII PROJI-XT MAXIMUM `;UAC.P.M.'1' A(,*Hi:l:M;:NT SUL'CRA"i1MY, PROJECT NU14BER NUMBER OF JOBS PAYMENT LIMIT PA1TtMT t#T.MI'1 .1. Contra Costa I.egnl Services Foundation, 302 3 $ 31,362 $ 31. ,36?. Inc. 2. 11ome stealth and Counselinp Servi.cen, Inc. 310 3 19,704 311' 2 20,7+94 40,198 ' 3. City of Pinole 312 3 40,810 313 2 26,017 k 314 1 13,025 315 , 1 13,025 316 l 11,750 105,527 4. United Council of Spanish Specking Organizations, Inc. 304 4 42,686 304D 3 31,612 305 5 50,074 124,372 5. neighborhood House of North Richmond, Inc. 309 7 76,247 76,2117 6. Los Medanos Community Hospital District 322 4 431584 113,584 7. Alnmeda-Contra Costa Council of Camp Fire Cirls, Inc. 321 3 301989 301989 8. Enki Research Institute, Inc, 327 5 581382 328 7 85)302 143,684 9. Pinole Family YMCA 300 4 38,980 38,980 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 • 106,962 11. Carquinez Coalition, Inc, 308 4 49,196 308B 3 44,963 94,159 12. Phoenix Programs', Inc. 329 7 681946 68,946 13. Now horizons Center,' Inc. C.T"f 325 3 32,762 32,762 trA1r r : 14. Contra Costa Children's Council t06 331 3 33,152 33 ,1''.2 � r 1 E tt (Atta0wwnf to 0/20/77 hoard Ur.dr.r) C:VTA TITLE VT 1'UIIT,TC SVItVTCE 11.111LOYMENT PROJECT SMICRANT ACRI EMEN'1' ';V1.CTI-,T.cAy'roN.s CIIA11,11' . . _ (111clude-1 Projects a uthol.1.zed 1.`01- .1.1n1,1.0111enLit L1011 Ln June and AugusL,' 1.9*/7) I. New PSP. Subrrantecs: MAXIMUM 12-MONTFI PROJECT MAXIMUM SUIIGRANT ACRITI-11"N'T SUECRAN'Pl l: PROJECT NUMBER NUMBER OF JOBS PAYME-NT LIMIT PAYMENT LIMIT 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31. ,362 Inc. 2, home health and Counseling Services, Inc. 310 3 19,704 311s 2 20,494 40,198 ' 3. City of Pinole 312 3 40,810 313 2 26,917 314 1 13,025 315 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304D 3 31,612 305 5 509074 124 ,372 5, Neighborhood house of North Richmond, Inc. 309 7 76,247 761247 6. Loa 1•ledanos Community hospital District 322 4 431584 43,584 7. Alnsncda-Contra Costa Council of: Camp Dire Girls , Tnc. 321 3 301989 301989 8, Enki Raccarch T.nstitute, Inc, 327 5 58,382 328 7 85,302 143,684 9. Pinola Family YMCA 300 4 38,980 38,980 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 , 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 308D 3 44,963 94,159 12, Phoenix Programd', Inc, t.;; 329 7 68,946 68 ,946 13. New horizons Center,. Inc, Cil 325 3 32,762 32,762 14 . Contra Costa Children's Council 331 3 33 ,152 331152 ki%ttactwia:nt to 91lut t t 11ward .order) i ap,;u u: 4 R MAXIMUM 12410N'fl! PROJECT MANXIMUM UBGRA?;'J' SU11CHAr!TEE PROJECT NUMBER NUMBER OJ? JOBS PAYMENT 1.:1'!17' 1'A1'a:! l:'1' l.iM''T 15. Social Advocates for Youth-•R-Diablo Valley 333 7 $ 66,917 66,917 16, Contra Costa Crisis and Suicide Intervention 326 3 30,494 30,494 17. Fast County Resource Center, Inc. 33.7 3 37,706 37,706 18. International Institute of Alameda County 334 4 37 ,322 37 ,3 2 19. Mt. Diablo YMCA 301 5 43,776 431776 20. Region IX American Indian Council, Inc. 323 7 84,448 64,448 21. Linton Business College, Inc. 320 3 23,872 23,872 22. 2lusicnl Arts of hest Contra Costa County, Inc. 330 3 32,778 32,778 Current PSR Subgrantees 1. City of Antioch 169 3 42,000 170 6 78,1416 171 3 41,105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 32,037 3. City of Concord 1.74 6 821080 175 7 95,760 176 4 54 ,720 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 82,080 183 6 82,080 .820,800 181, 5 68,400 4. CiCy of El Cerrito 107 2 24,847 108 6 70,774 109 2 21,34G 3.10 7 85,169 CA 111 1 14,051 140 3 32,113 3.44 11 10 1715 259,015 5. City of Lafayette 145 1 12,436 1118 1 131183 25,619 \. ...a a ♦ a J J t t t4,.I3 't i^.ii, t. J V. ,.1. J III •/ ` MAXIMUM 12410N'I'll flit?i11:(."P MA\TMMI :.U1it,I,'AId'1' J%t'�11 1 tf7�:t i'I ti1111��1iAh7'lil; 1'K0il"C'C' NUMBER NUM111:1I. 01'' 30115 PAYMENT, 1,11.1'I T PA`i 111:1.T IA M I.'I' 6. City of Martinez 1.85 3 42,1100 1858 2 27,803 186 3. 14,204 187 1 120600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43-1417 154 3 36,691 155 1 13,140 156 7 107,015 157 2 290182 324,545 158 5 681228 S. Pleasant 11111. Recreation and Park Dintriet 134 1 11,167 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57,107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11, Brentwood Union School District 150 71 50,584 151 3 34 ,61.4 ' 85,198 12. Byron Union School District 162 1 14,200 14 ,200 13, John Swett Unified School District 103 6 68,000 103B 7 76,384 144,384 1.4. Knigtitsen School District 101E 1 12,819 12,819 15, Lafayette School District 105 3 39,200 1058 4 56,034 Cil� 106 7 950234 190,468 16, Liberty Union School District `"� 143 7 94,767 188 1 12,052 106,319 • t i Contra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) 28 —8s Number 746 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title V! Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA Capacity: Public Agency Address: P.O. Box 2396, Martinez, California 94553 3. Term. The effective date of this Agreement is July 11, 1977 and it terminates July 10, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 82,623 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached. hereto, which are incorporated ,herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgraatee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-602 incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By B� Designee MOTIVE DIRECTOR (Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By authorizing execution of this agreement) Designee Attest: 1SCAC D;:Ktoq (Designate official capacity By 12 (Form approved by County Counsel) Dated: N Q V 3 0 1977 00548 Contra Costa County Standard Form ,r • PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 28 - 746 ' 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those servicet and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: Subgrantee County ept. - 1 - 0��b49 r a>°.,C:.. .. .>• _ r`➢�0'•"•i"i'' .i t;,....-x'..t.:.gtc �,.Yv'1:iL'+f h �.rae l4.ti� 4 Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title 'VI PSE Projects) Number _ 746 f 7. Audits. The -records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuawt to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials:"-�Pd Subgrantee County tept. 00550 - 2 - i 9 Contra Costa County Standard Form 1 GENERAL CONDITIONS (CETA Title VI Subgrants) Q Number28 � 71" 46 1. Comuliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, _ including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Suborantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall' make these records available to authorized representatives of the County, the State of California, and United States Government. S. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph S.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this ,'�greement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Sub,rantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the Ccunty Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. /;) Initials: /`j� _ Subgrantee County/Dept. i Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) i �. Number v 7 4 6 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice. of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any x..ork contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgr�:ntee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that anv person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of a;e, se_-, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. 52 Initials: Subgrarntee County Dept. -2- I , Contra Costa County stanaara rurm GENERAL CONDITIONS (CETA Title VI Subgrants) � � ' Number 746 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shah keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this rgreement will be funded by County under a new agreement following expiration or termi-a tion of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials• • Subgrantee County ept. 00553 -3- SPECIAL CONDITIONS (CETA Title VI PSE Projects) Numbe2 8 — 1 4 A 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. 'J Initials: 1, Subgrantee County ept. -1- 00551 SPECIAL CONDITIONS (CETA Title VI PSE Projects) Dumber 2 y — 7 `# 6 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60) . Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin 2729-76, "Affirmative. Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. :Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FIMC 74-7, attachment C, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. i" Initials: ! r SubgranteD0555ty ept. -2- SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 2 8 — 7 4 6 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500) . Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipaent and other such property procured with CETA funds or otherwise acquired tinder this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent. conflicts of interest or noncompetitive practices wzich may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records- of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for, the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials• Subgrantee County Dept. 00556 -3- ��.r_, .*r'Y"R:..PpMa��y�,r.r,3 ",'"'S,""ji ;; ".'.,• � •.s,. .. ...�..,. .sv.,.. .r., A... ,� „q, -,'.,..b .a SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 8 — f 4 6 17. Davis—Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agree:acnt, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee CP pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; ;codification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Subgrantee County Dept. -4- ��)55'7 t ASSUFLANCES AND CERTIFICATIO:iS (CETA Title VI Subgrants) Number 2 8 — ` 4 6 J Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA) , 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular MC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Subgrantee County Dept. 00558 -1- . i ASSURMCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 V — 7 6 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 2080)). 17. Its 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 the work that would otherwise be performed (section 703(7)) . 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials:f" %J Subgrantee County Dept. -2- 00559 i ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number — r149 + 23. Its program will, to the ma.t;mum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 1O5(a) (1) (B) and 205(c) (1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604) . Iniiials: ' J Subgrantee County Dept. -3- 001560 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 1` Number ` 46 - 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604). 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)) . 4. 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)) . 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)) . 8. adhere appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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) . 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)) . 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)) . 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)) . Initials: Subgrantee County ept. -4- ■ ASSUR_VNCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 745 13. Jobs are in addition to those that would be funded by the Subgrantee in _ the absence of assistance under the Act (section 205(c) (24)). 14. 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 wave set out in section 6(a) (1) of the Fair Labor S=andards Act of 1938, as amended. The only exceptions to section 6(a) (1) are where a participant is exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all publ.i.c service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 43 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, ma•: also refer members of other significant segments. All other applicants are to be re erred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide in.`.ormation on job vacancies and training opportunities funded under Title VI of the Acr to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) i of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: Subgrantee County Dept. -s- 00562 1 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) c Number 2 8 — 6ry 4 6 1. PSE Projects Program. Subgrantee shall provide certain administration and _ staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s) . Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (v) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee' s deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other deans. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. l-, Initials: 1. Subgrantee County Dept. -1- 00563 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 8 — 746- - __ Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Se-tion 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in .29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, Provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: 1 �`• Subgrantee County ept. -2- 0()564 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number `✓ — 7 4(�V (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i) , (ii), (iii) , and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall o also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, El Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at- these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A. Sections 96.25, 99.42(c), and 98.18(b)] . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: l / Subgrantee County Dept. -3- 00565 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number 2 v : 7 4 6 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: Z'% ' -4- Subgrant��('DIDuUaty ept. PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number-28 - 746 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements) , page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including 'devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee County Dept. -5- oo56'7 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) 1' Number 2 Q y — ` 4 V - 1. PSE Project Job Positions. HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #141 7/11/77- Grounds Maintenance 7/10/78 Worker 6 72 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Subgrantee County Dept. oo5ss PROJECT BUDGET Number 2 8 — 7 4 6 1. PSE Project Budget. HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) #141 (1) Participant Wages $ 57,132 (2) Participant Fringe Benefits 18,884 (3) Training -0- (4) Supportive Services -0- (5) Administration 6,607 TOTAL (Project Payment Limit) $ 82,623 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the 'above budget shall be subject to Subgrantee' s PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: L' '�L"= Subgrantee County /Dept. 00569 r...-.. ri ..,c= Isult co G1 'n O r'-1 �' cn N I]r Lr, h cn co - V N Cl V` O -Z %n CO GN -cn N v r-1 _. .. ! N <1 G F ~I r•. O co t.1 -z CO r-I to V c') V O V t+1 q T r 1 I• a% cn co V O N co N -T -' r4 .7 b) -c t^) C1 V I O -, t- Q NCO r4 - n ,nv c7r-iN -Tr-) Nto Oq ^ O co t!1 O %a `1' cn N N trl O 0% O O O �.: O c't c% 6% ci co a N M O n O co) n I` ri N cr) tt) t•7 V %D r- N V I` h s.'1 to 1 C14 C% C3 C% VCOV r-OtUtilbVINO -Zr r-1 -,Tto NOc70 %3 ,-[ cntilLntn N % r4 ONO V N N tll to ttl V N t!) V .4 V V in - -; c7 wi %. in m cn to %O V %0 n r-1 q M N tt•1 rq O ` r+ cn. O _ C ' "2 L- O -./ try N N tt1 v t>1 V th `r V' -T V 'V T -7 v T ,;r .T c7 -,7 n (') T V SOV til ri t3 c7 N In ri ZI q� __ • 1(1( A q Ci Ca N co a% O N c•1 �T to %0 t— CO 01 O -4 N Gt G'1 O ri 0% c1 N m�T trl N r-I O r4 c? v 0 0 r-f r•t N N N N N N N N N c7 c'l c'7 w) ul % V -.;r-Y -4 —4 r4 r-•1 T -T GIs C% C.% G% r-I r4 r-1 r--I r-1 r-! r 1 r-i rd r4 r-1 r-'1 r'•{ -4 r'4 r-1 r-1 r-1 r♦ r-•I s-F r--1 r-1 r♦ r4 r 4 r-{ r-) -4 r-1 r-4 G'I a' -W O a a1 u U s•► - r{ C p O t) U to LI ri 44 .0 -rt U :s U i+ -H V r•i ri 3J S+ ri O L to i► Sa O C ^ :J -ri L fn L ,O r ��.�' G � A •rN•i cn U G3 r-d w A O is r-1 nj CJ .-1 O N O r♦ CJ r" t j ;., cn t) C O a _7 t cr. y -j O to '7I 'ri cl a u u zi •rl a CJ -rt q O C O O0 a : ::P 4J C3 U U O U r-1 C W C Q O C) cT G a U C E to O -+ C U rI >+ .0 O Q G -r4 cz A C) N F -rI CJ y C r-f 4-t .G cn y C-1 _O s, a r+ + cl O si 0057 0 57" o a � to to U t\ t7C r,4 O r1 N cam) h r..I -4 r--i N N N N N N �G v j HOUSING AUTHORITY i OF "MIC COUNTY OF CONTRA COSTA 3133 ESTUOILLO STREET P.O. BOX 2396 228-5330 MARTINEZ. CALIFORNIA 94553 CERTIFICATE I, Robert L. Gray, the duly appointed, qualified and acting Secretary-Executive Director of the Housing Authority of the County of Contra Costa, do hereby certify that the attached extract from the minutes of the Regular Session of the Board of Commissioners of said Authority, held on �P�,1P��aw nja��t,es '28. 1977 , is a true and correct copy of the original minutes of said meeting on file and of record insofar as said original minutes relate to the matters set forth in said attached extract. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Authority this 29th day of December. 1977 • (SEAL) J L. Gray, Se o#azjl� 208-jf-76 0 .15'71 a } rj RESOLUTION N0. 3200 RESOLUTION AUTHOILIZING L<{EC[JTION OF SUBGRANT AGR M=IT N'ITH COU'1TY OF COFTRA COSTA FOR CETA TITLE VI PUBLIC SrRVICE EIMPLOY%:.NT PPMEM FROGRAH WHEREAS, it is the policy of t_h? Board of Commissioners of the Housing Authority of the Ccunty of Contra Costa to cooperate with and participate in County programs to provide training and employment for the unemployed and under-employed; MREAS, this Board, in its Resolution 311.1 dated December 30, 1974, authorized its Chairman and/or Executive Director to enter into agreements with the County of Contra Costa for CETA participation by the Housing Aurthority; MEREAS, this Board is desirous of broadening its participation in the County's =A program to include the CETA Title VI Public Service Employment Projects Program for CETA-eligible participants: NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Housing Authority of the County of Contra Costa does hereby authorize its Executive Director to execute Subd an-:: Agreement No. 28-746 with the County of Contra Costa for CETA Title VI Public Service Employment Programa in an approximate amount of $86,623 for the employment of six (6) CETA-eligible participants to the period ending July 10, 1978, and, fu-rthernore, the Executive Director is authorized to administer tha CETA Title VI FSE Projects program in accordance with the conditions and terms outlined in said h,reement. 12/28/77 00572 1 ;4 i (Aitat.linwnt to 9/20/77 Nuird Ortl(.; } a: ,. CFMA TITLE VT PUBT.TC '+1.ItVI T I�M111,OYME.NT PROJECT SUMIRANT AGRI?t�tii?_l�T 5PVTTJ�T.CA'I'Tttl S C_IIART .... ._., I'l*oJects uuthttr.{.7.ctcl•�for .Itnl►}.;:ttic:ut:tttl.U;; .I.it Jtt; te and AuVu:,t, �1.917) I. New PSI: Subrt•:uttat s MAXIMUM 12-MONTH PROJI:C'1' MAXIMUN �;UIiGI'ANT AM11- I.11, T SUL'CRAN'iRE PROJECT NUMBER NUMBER OF JOBS PAY14ENT L114TT PAY'Mr.M'1' 17th• 1. Contra Costa Lcgnl Services Foundation, 307. 3 $ 31,362 $ 31 ,162 Inc. 2. }Ionic health and Counseling Services, Inc, 310 3 19,704 311' 2 20,494 40,198 3. City of Pinola 312 3 40,810 313 2 26,917 314 1 13,025 315 1 13,025 316 1 11,750 105 ,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 3048 3 31,612 305 5 50,074 124,372 5. Neighborhood House of North Richmond, Inc. 309 7 76,247 761247 6. Los Mcdanos Comnunity Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp Fire C irls, Inc. 321 3 30 989 30,989 8. Enki. Roccarch Institute, Inc, 327 5 58,382 ' 328 7 85,302 143,684 9. Pinola Family YMCA 300 4 38,980 38 ,980 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 . 106,962 11. Carquinez Coalition, Inc, 308 4 49,196 3088 3 44,963 94,159 12. Phoenix Programs,, Inc. 329 7 68,946 68,946 13. New 11orizons Center,- Inc. 325 3 32,762 32,762 14, Contra Costa Childrents Council 331 3 33,152 33 :152 {ACCtt6mic+ni' to 9/20/77 1Smird Orcic-ti } , r CETA TITLE VT PUBLIC 81.RV-TCF I'-J•11'1.OY_MRNT PROJECT IWI3(RANT AGRE.F.MRNT SVHCTPTCA'J'TONS CIIART •• ~'Olicl.ude-.4Projects for .I.uiplemeritutloil In June nutd Aul;ust,l 1VT1 I. New PSE Subs*,rantces c MAXIMUM 12-MONTII PROJECT MAXIMUM SU11GRAII'1' SUBCRAy'1'1:1: PROJECT NUMBER NUMBER Of JOBS PAYMENT LI14TT PAYMENT LIMIT 1. Contra Costa Legal Services foundation, 302 3 $ 31,362 $ 31. ,362 Inc. 2. Home health and Counseling; Services, Inc. 310 3. 199704 311' 2 20,494 40,198 3. City of Pinole 312 3 40,810 313 2 260017 314 1 13,025 315 , 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Orannizations, Inc. 304 4 42,686 3048 3 31,612 305 5 50,074 124,372 5. Neighborhood house of North Richmond, Inc. 309 7 76,247 76,247 �6, Los Hadanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp fire Cirls, Inc. 321 3 301 9139 30,9$9 OW'$, Enki Raccarch Institute, Inc. 327 5 58,382 328 7 85,302 143,684 9. Pinola family YMCA 300 4 3$,980 3£,950 10. Contra Costa Community College DistricC318 6 60,450 319 5 46,512 , 106,962 r 11. Carquinez Coalition, Inc. 308 4 49,196 3088 3 44,963 94,159 12. Phoenix Programd', Inc. 329 7 68,946 68 ,946 13. New horizons Center,. Inc, 325 3 32,762 32,762 14. Contrn Costa Children's Council 331 3 33,152 33 ,152 5�r 1 tt+.ttaC.'nnient to 9/1-U/ // iWW' ! .(NUOt) i'Up;a .4 u: 4 • r MAXIMUM 12410N'rn I'itom".CY' MAXI 1UM S111;CHA'NT SUBOAAN'1'1;1; PROJECT NUMIIT:t N11h111r.1t OF 5011S NAYMF-14T 1,1141'1' 15. Social Advoctites for Youth-•-Diablo Valley 333 7 $ 66,917 $ 66,917 16. Contra Costn Crinfu and Suicide Intervention 326 3 30,494 30,1'9/' 17. Fart County Rc?;ourvo Center, Inc. 33.7 3 37,706 37 ,706 18. International Institute of Alameda County 334 4 37 ,322 37 ,322 19. Ott. Diablo YMCA 301 5 43,776 43,776 20. Region IX American Indian Council, Inc. 323 7 84,448 84 ,4148 21. Linton Business College, Inc. j20 3 23,872 23,872 22, 11usical Arts of West Contra Costa County, Inc. 330 3 329778 32,778 Current PSE Subgrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 120400 173,921 2. City of Brentwood 173 3 32,087 32,037 3. City of Concord 3,74 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 CTt 178 6 82,080 ,.Q 179. 7 95,760 C.Tt 180 6 821080 182 6 82,080 183 6 82,080 820,800 184 5 680400 4. City of >~l Cerrito 107 2 24,847 108 6 70,774 109 2 21,346 3.10 7 8511.69 ill 1 141051 140 3 320113 3.44 1 10,715 259,015 5. City of Lnfayette 145 1 12,436 11i8 .1 131183 251619 MAx MUM 17-MO T11 J'ilta.lECT MAXTNUAI SMICr,ANITE, i, nau NUMBER NUMIRR otp ANts t'MI-1141" LIMIT � .._^_PAY111 i;'.• (.s�•i LT 6. Clay of ittartinex 3.85 3 42,400 185B 1 2 27,803 186 3. 14,204 187 1 12,600 97 ,007 7. City Pittsburg 152 2 261872 153 3 43•1417 154 3 36,691 155 1 130140 1.56 7 107,015 157 2 29,182 324,545 158 5 68,228 8, Pleasant hill. Recreation and Park District 134 1 11,167 135 1 11,685 221852 9. City of Walnut Creek 1.65 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57 ,107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 2090512 11, Brentwood Union School district 150 4 50,584 151 3 34 ,614 ' 85,198 12. Myron Union School District 162 1 14,200 14 ,200 13. John Swett Unified School District 103 6 681000 103B 7 761384 144,384 1.4. l night sen School district 101 1 12,819 12,819 15. Lafayette School District 105 3 39,200 1058 4 560034 106 7 95,234 190,468 16. Liberty Union School District 143 7 94,767 ,..... 188 1 12,052 106,319 G• C7"� (!\ Lachivi:nt' to 9/20/77 Board Order) s',;i;�: '+ of MA. INUM 1.7--M01,11,11 111C0.11ICII, MAXIMUM SU1.GI:ATI' EF" PROJECT 1\IU1.1T11:R NUid111;R OV JOBS PAYI.1ENT L1:1.1I 17. Martinez. Unified School Distt*ict 146 5 $ 62,000 14613 2 29,058 91 ,058 18. Moraga School District 3.02 2 2 3,47 5 102D 5 59,004 82,479 19. Mt. Diablo Unified School District 118 4 569328 119 5 58,981 120 6 66,215 122 3 271,946 123 4 501.673 124 6 68,936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 449044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 159B 3 40,788 160 4 53,196 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36,382 149A 4 51,558 87,940 22, Richmond Unified School District 112 6 63,302 113 6 651664 114 6 651664 115 3 351731 230,361 23. San Ramon 'Dalley Unified School District 3.42 1 12,224 12,224 24, housing Authority•of the County of Contra Costa, 141 6 86 623 0616'23 25, St of California 190 3 311754 CJq 191 2 20,303 193 5 52,599 -1 191E 1 10,506 115,162 '•C�at,�� C.,s_a County Standard Form a SUBGRAYr AGREEMENT (C.7T.A Iitle L'I ?SE Projects) AA Nunber .. Identification. Pr--z? Sponsor: Countv of Contra Costa Denartnent: Human Resources Agency 2•1anpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Enploy.2at Projects Proaraim for CETA-eligible participants -"'t12s. County of Contra Costa California (County), :or its Department : r- ae above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: RICHMOND UNIFIED SCHOOL DISTRICT Capacity: A public agency Address: 1108 Bissell Ave., Richmond, California 94802 3. Term. The effective date of this Agreement is 7112177 and it terminates 9130178 unless sooner terminated as provided herein. �. ?a=ent Limit. County's total payments to Subgrantee under this Agreement shall not exceed $230,361. 5. County's Obligations. County shall make to the Subgrantee those payments described im the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the teras and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Progran 02erating Plan and Project Budget attached hereto, which are incorporated herein by r:`ererce, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF C0i.1TRA COSTA, CALIFORNIA SUBGRANTEE Byx 24�1 lOkI C, B Designee ,1 gi f, n ori t. nrl of L"Cnnnpl sa irices (Designate official capacity in public Reco=enZed by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution 3: authorizing execution of this Agreement) Dasionee Attest: Designate official capacity) 00 !s hoe, J� (For-: app_o• by County Counsel) Dated: Miaofilmad with board order 3 C::s__ Ccuaty Standard For- PAYMENT ormPAYME`:T P=OVfSTONS (CETA Title %'T =SE Projvc.ts) tiuraber 28 - 744 i• _ ;-Isis. County small in no event pay to t::a Subgra:rtc_ a sura is: .,,.ss of total amount specified in th_ Payment Limit of this Agreement. Subject _. P=:tee::= Li^it, it is the intent of the parties hereto that the total payi-ent for all services and program activities provided under this Agrer.•::ient S.,a__ c::_}• for costs that are allowable costs (s._e Paragraph 3. below) and rre = - 'a11% ;curled in the performance of Subgrantee's obligations under this Agr•:ement. -.at _=oun[s. Sub ect to lat_: adjustments in total pa j , j v e nts in accord- _.,__ telo:a provisions for Cost _'.effort and Settlement, Audits, and Audit an-' subject to the Pa Ment Limit of this Agreement, County will pay an ecuzl to Subgrantee's allowable costs that are actually incurred each month, subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are etz;r=ed in accordance with General Services Administration Federal Management Circular rMC 74-4, Attachment A (Principles For Determining Costs Applicable to G=an_s aid Con_racts With State and Local Governments) and Attachment B (Standards For Selected items of Cost), and, subject to said Attachments A and B, such other C0cU===Zs (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of ovidl—mg those services and program activities set forth in the Program Operating Klan, and b. Standards for determining the allowability of selected items of costs of p=ovidizg those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be rade on Co,. ty De=and Form D-15 and in the manner and form prescribed by County. Subgrantee s^.?1 sub=it said demands for payment for services and program activities no later t 90 davs from the end of the month in which said services and pro-ran activities are actually provided. Upon approval of said payment demands by the head of the Co-a=tS Depart=ent for which this Agreement is made or his designee, County will make pad"-eats as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee =n, is the opinion of the County expressed in writing to the Subgrantee, (a) the Subgra=tee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish inforration or to cooperate with any inspection, review or audit of its p_og:am, work or records, or (c) subgrantee has failed to sufficiently itemize or docunant its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the ter=ination of this Agreement, Subgrantee shall submit to County a cost report in the for= required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments =ade by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess a::ourt to Subgrantee, but subject to the Payment Limit of this Agreement. Ii said cost report shows that the payments made by County pursuant to Paragraph 2. (Pat=ent Azounts) above exceed the allowable costs that have actually been incurred Dy Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to Ca:::ty. Initials: , S bgrantee County Oept. 000.19 - 1 - Costa C%;anty Standard Foy PAYMENT PROVISIONS (CETA Title III PSE Projects) 28 - 744 Nunber 7. Au: ts. The records of the Subgrantee may be audited by the Countty, State, or .._tad States government, in addition to any certified cost report or audit required _re Pro,,__a- Operating Plan. Any certified cost report or audit required b;; the Pet:-r` 0?_rating Plan shall be submitted to County by Subgrantee sithin such period of as May be expressed by applicable State or Federal regulations, po?icien, or ccn,_ac_s, but in no event later than 1S months from the termination date of ti._,.; -s ----- -t. If such audit(s) shot, that the pay'nents wade by County pursuant to =-=--=o 2. (Payment Amounts) above exceed the allovab?a costs that have scuta>iy Lee- 'endu=red by Subgrantee under this Agreement, including any adjustments made pursu__t to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pa to County within. 30 days of demand by County any such excess amount. If such au.: t(s) show that the allowable costs that have actually been incurred by Subgrantee L'^seer 1-415 6greenent exceed the payments made by County pursuant to Paragraph 2. (Pa,_=r_L A^ouats) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subiect to the Payment Limit of this Agreement. S. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) a»:e, Subgrantee agrees to accept responsibility for receiving, replying to, and/or cc=ill iag with any audit exceptions by appropriate County, State or Federal audic agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay- to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to par-form- properly any of its obligations under this Agreement. Initials: Subgrantee County Dept. 00580 2 _ Cor._rs Coats County Standard Fora GENER&1L CON'DITION'S (CETA Title V1 Subgrancs) Q - 744 44.%urbar 2 8 1. Cormliance with Laic. Subgrantee shall be subject to and comply with all Federal, S_-�t= .an.' local laws and regulations applicable with respect to its perforT.:nce hereunder, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. ln_Dection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized retro;en:ativas of the County, the State of California, and the United States Govern ent. 3. :records. Subgrantee shall keep and make available for inspection by authorised representatives of the County, the State of California, and United States Goverrc.ent, the Suborantee's regular business records and such additional records pertaining to this sgreement as may be required by the County. 4. *-Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgraatee's final payment demand or final cost report (whichever is later) under this Agreemenc, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. L'_on request, Subgrantee shall make these records available to authorized representatives o= the County, the State of California, and United States Government. S. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may to='nate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Sebgrartee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this agreement is terrinated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement,'including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. S. Yodifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a s:r!tten docu=ent executed by the Subgrantee and the Contra Costa County Board of Supery isors or, after Board approval, by its designee, subject to any required State or sideral approval. b. Administrative Amendments. Subject to the Payrent Limit, the Paymeac Prn•:i=ions end the Program Operating Plan :.:ay be amended by a written administrative a:•.::�:a:.t executed by the Subgrantee cnd the County Administrator or his designee, subject to e---y required State or Federal approval, provided that such administrative amend eats :got -ate:'ally change the Payment Provisions or the Prorran Operating Plan. 00581 Initials: Contra Costa County Standard Form GE`:EIM CONDI—TIONS (CETA Title :'i Subgrants) Nucber 28 - 744 9. Diso !tes. Disa-prcecents between the County and Subgrantee conct.,-ruing the tt►?;iti::o, requir`-ments, or performance of this Agreemrint --;hall be Subject to final deternination in writing by the head of the County Department for which this Aoreerent is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. Tris Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Confozmance with Federal and State Regulations. Should Federal or State regulations touch ng upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. ::o I•'aiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 1S. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any mez:bers of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a-corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require'its employees to comply with all applicable State or Federal statutes or regulations respecting confi— dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as cay be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by las, may be guilty or a misdemeanor. 17. Nondiscriminatory c•rvices. Subgrantee agrees that all. services ar:d program activities under this Abreement shall be available ro all qu .li.fi.ed persovs regardioss of age, sex, race, religion, color, national origin, or .:thnic background, and that none shall. be used, in whole or in part, for religious Worship or instruction. 00582 Initials: SubgranLee Count%. bent. i Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 8 ,� 7 A J. Number 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negli.ent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this ACY greement is rude, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgrantee County Dept. o0583 -3- Sp "r•r Cn,'ITIM (CETA Titles :'1 PSE Prujects) Number 28 - 744 1. C•._al:_rce with Federal Requirements. Subgrantee shall comply with all ?�:'e_al re=;c'.astiors, 'guidelines, bulletins, and circulars applicable to Title YI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 Of t-1e Cods o: FeZe al R_•gulatioas, Subtitle A. Parts 94, 96, 98, and 99, as puN ished in the Fed=-al R zzia_e Vol. 41, 11,;. 124, Friday, June 25, 1976, Vol. 42, fro. 7, Tuesday, January 11, 1977, an' :-'ol. 42, No. 93, Friday ltsy 13, 1977; as may be ' _ _ •ised aa' a=ended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph S. (Project) of the Suborant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Hunan Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status o£ Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the teras of this Agreement (including all applicable statutes, regulations, guidelines, bulletins,. and circulars), County may deduct the amount of such unauthorized or illegal expenii tures from pa)ments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce pro3ram operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty ' (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. this Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Subgr. ntee County lbept. -l- 00581 (CEETA Title l'I ?S= ?rojects) Number 28 - 744 I Statistics, Reuorts, and Records. Subgrantee shall keep and maintain such doe_-.znts, records, and accounts as may be required by the County or the federal statuses, regulations, guidelines, bulletins, and circulars applicable hereto. Su:— a tee shall compile, compute, and provide to County all such statistics, program resorts, and records as may be required by Cc unty. Said documents, accounts, statistics, reports, and records shall be maintained and p_o•rided in the form and manner prescribed by Count} o. Child Labor. 1, person under 18 yea=s of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 Sears of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age :ill be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled "Equal Employment Opportunity," as amended by -ecutive Order No. 11375, and as supplemented in Department of Labor Regulations (41 C:-?. Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, %inich declares that it does not discriminate on t..e basis of race, color, religion, creed, national origin_, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also cc,ply with requirements established by County and the Department of Labor, including CE__. negicnal Bulletin 029-76, "Affirmative Action Requirements for FY 77." 10. Environnental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution. Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Pratection Agency. 11. Program *lanagement Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FXC 74-7, Attachment G, Paragraph 2., pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. S L;rantee shall adequately E '�:'$uard all e-C:-lent funds, pre-, ertv. , and Wier as.. c` s ad };.:11 e.sere that theJ are used solely for i.urpeses author:zed under this Agreerunt. Initials: S nr:intee (,��tvy ePt. 0 0 . SPECL•1L CONDMO::S (CETA Title :I PSE Protects) Number 28 - 744 13. Property ;ianageuu::t Rer.;;ire:aents. Subgrantee sFl::1:! comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal propc;rt (including minor equipment costing over $50 per ite:a and unused expendable pers.:: -1 property with a total inventory value over $500). Subgrantee shall establish a ccntrol system to ensure adequate safeguards to prevent loss, damage, or theft to prop.:rt•:, including CETA equip-ent. 1-�. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otheniise acquired under this ::,_ee=ent in accordance with requirements established by County or the U.S. Depart- ment of Tabor, including Federal ,'fanagement Circular PMC 74-7, attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation nut- hers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labcr for such procurements with CETA funds, including Federal Management Circular 111C 74-7, attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide ma,-cimum open and free competition and prevent. conflicts of interest or noncompetitive practices which L.ay restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments =ay be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgr ntee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising„ and the basis for the cost or price negotiated. ' Subgrantee shall conply vith the Federal restriction prohibiting nepr)L7 (29 CFR Subtitle A, Srct=on 98.21) . Pursuant thereto, Subgrantee shall not hire ..-y per:.i.n in an adm ini::trative Capacity or staff po:it on ILL':'did undrr this .'1;;ree- ment if a r.cr.:i,cr of his or her i..=odiate family is already em;ilayyed in :an administrative capacity by Subgrantee. 01)585* Initials: Su ncee County Pept. i SPECIAL CONDITIONS (CETA Title VI PSE Projects) 744 Number 2 :7. Davis-Bacon Wage Pates. Subgrantee shall comply with applicable regulations =^e V. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment g_evailing wage rates to all laborers and mechanics employed by Subgrantee or any _::-c3atractor in any construction, alteration, or repair, including painting and '_eco=axing, of projects, buildings or works which are assisted under this Agreement, i � s=cordance with the Davis-Bacon Act, as amended. io. Final Subgrant Closeout. In the event that the program operated by Subgrantee �zc== this Agreement is not funded by County under a new Agreement following termination c =^e -within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by Count-. under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout - ad for the purpose of initiating a final closeout of this Agreement, preparing tee above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Pay-nent Limit of this Agreement. 19. County's Designated Representative; ,codification. County has designated its M npower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the ::0=11k., but it is not authorized to change any of the terms and conditions of this isreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: ubgrantee County IDepF. -4- 00587 ASSL'WXZS -~ C.Ef.TIFICATLONS (CETA Title LL Subgrants) iJ 4 SubJett to the General and Special C%7 ndiilons, Subgrantee assures and certif[t•s :a. General Assurances. 1. ?: w ll cO.-.21Y with the re.__ri:merits of the Co=prehensive Employment". and =:a:.._ :a ..=t of 1973 (CEA) , as anendec %?.L. 93-203, 87 Stat. 839 and P.L. 93-547, 88 Seat. 1845 and P.L. 94-41.4), hereinafter referred to as the Act, and with the regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (Eric) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other docu3eats under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it stall co_p_y with thea or will notify to County within 30 days after promulgation o: t o a=end==::ts or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, notion or si=ilar action has been duly ado-pted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all u-neerstand;ngs and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a); 701(a)(9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII of that Act no person in the Urited 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 discrimi- nation iscrimination tmder any program or activity for which the Subgrantee receives Federal funding (including this Agreement), -and the Subgrantee will immediately take any maasures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of. the Hatch Act which limit the political activity of employees. 10. It will comply with the reSuire=ent that no program under the Act shall ir.7ol7e political activities (section 710 and 703(2)). Initials: Su-dbs tobofff (Dept. -1- ASSUR MCES ?\D CERTIFICATIONS (CETA Title t°1 Subgrants) Number. 28 - 744 11. It will establish safeguards to prohibit employees from using their positions ie= a purpose that is or gives the appearance of being motivated by a desire for private gai- for thee.sel;es or others, particularly those with whom they have family, business, or o_'.:er ties (section 702(a)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, zni County, th_lough any authorized representative, the access to and the right to exa=_-a all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, e:eratio:. or maintenance of that part of any facility which is used for religious instruc- tion: or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 S;:Sg:aatee (section 703(4)). 16. It will ensure provision of workers' compensation protection to participants in on-tie-job training, work experience, or public service employment program under the Aci at the sa-"e level and to the same extent as other employees of the employer (Subgrantee; w1h.; are covered by a State or industry workers' compensation statute; and provision of workersco=pensation insurance or medical and accident insurance for injury or disease resulting fro= 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 e:e -ed are not covered by an applicable workers' compensation statute (sections 703(6) and 208(4)). 17. Its program will not result in the displacement of employed workers or i_::air existing contracts for services or result in the substitution of Federal funds for other funds in connection with the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two wee',ts of pre-ern loy-ment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a)(6)). 20. Institutional skill training and training on the job shall only be for occu-ations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and ad=lrlstration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will r.:.!Ltain records and provide access to them as necessary for the Secretary's or tie C:1::::;•'s review to assure that funds are being expended in accordance with the purposes -*emissions of the Act, including the maintenance of records to assist -the Secretary o: C�•unty in determining the extent to which the program meets the special needs o` c. •..::�t::;;e�, chronically unem:.ployed, and low income persons for meaningful e-p:ay cent c•-- .. :tics (sections 703(12) and 311(c)). Initials: ubgrantee Ceunt1 Oept. �U5O9 -2- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) }'� 4 4 8 r ` Number 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward nobility of individual participants (section 703(13)). 24. Its program has adequate administrative and accounting controls, personnel sta--cards, evaluation procedures, availability of in-service training and technical assis:a_nce programs, and other policies as may be necessary to promote the effective use of funds (section 703(14)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) M of the Fair Labor Standards Act of 1938; (b) the State or local minimum cage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons e=ployed in similar occupations by the same employer; or (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 occuparion among other establishments in the community or area or any minimum rate required by an applicable collective bargaining agreement. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a)(1)(B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal hater Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized the performance of this Agreement has been listed on the` EPA List of Violating Facilities; (b) it will. notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficent prospects for advancement or suitable continued employment by providing coaple-zentary training and manpower services designed to: (a) promote the advance-.E== of participants to employment or training opportunities suitable to the individuals invo?ted, whether in the public or private sector of the economy, (b) provide participants with skill- for which there is an anticipated high demand, or (c) provide participants with self-,'Q. elopment skills; except where exempt under the provisions of section 604 e= the Act, -rcvided, however, that nothing contained in this paragraph shall be construed to precluc_e persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604). Initials: A ubgrantee County ept. 0j)590 -3- ASSUPUN-NCES 9*`:D CERTIFICATIONS (CEiA Title VI Subgrants) tumber2 V — O►may 44 2. To the extent feasible, public service jobs shall be provided in occupational :s':ic:. _=a most likely to expand within the public or private sector. as the unec;_c}-_::t rate recedes except where exempt under section 604 of the Act (sections 3. __ ::ill give special consideration in filling transitional public sf mice jobs to une=Tloy ed persons who are the most severely disadvantaged in terms of the length Of ti.e t::--y have been unemployed without assistance, but such special consideration shall not aut:orize the hiring of any person when any other person is on lay-off from the sa=e or any substantially equivalent job (section 205(c)(7)). T. 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 e=ployee not supported under the Act in anticipation of filling the vacancy so created b,: hiring an employee to be supported under the Act (section 205(c)(8)). 5. Due consideration will be given to persons who have participated in =anpower training programs for whoa employment opportunities would not otherwise be ir.�ediatel, available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of tae Act will be co-plied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and ree•.aluations and, where shown necessary, will make revisions of qualification recusra- merts at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, with a view to::ard removing artificial barriers to public employment of those whom it is the purpose of the Act to assist (section 205(c) (18)). 8. (.'here appropriate, it will maintain or provide linkages with upgrading and other ran-owe= programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar work, with opportunities to do so and to find permanent, upwardly na 4le careers in that field, and (b) providing those persons so employed, who do not wish to pursue per:nament careers iu such field, with opportunities to seek, prepare for, and obtain work in other fields (sections 205(c)(19) and 604). 9. Its program will, to the raxinum extent feasible, contribute to the eli ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c)(21)). 10. Not more than one-third of the participants in its program will be e=plovEd . in r. bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Stendards Act of 1938), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies to i .; into account the number of uner-.ploy ed persons within their jurisdictions and tie needs of the agencies (section 205(c) (23)). 12. Its jobs in each promotional line in no %.,ay infringe upon the pror:otjonal oppor:unities �,'Mch would otherwise be available to persons currently employed in nub_ic ser•:fcr: jc:.s not subsidized under the act, and that no jeb will be filled in otrer t =z an L:•.!*r1 le-,:tel position in each job category until applicable personnel procedures a=d co'-l•_, I:i-.e bargaining agreements have been complied with (section 205(c)(24)). Initials: ,.YA f-� Subgrantee County Dap:.. 00591 -4- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 744 13. Jobs are in addition to those that would be funded by the Subgrantee in t:^._ =:s oz assistance under the Act (section 205(c)(24)). Persons e=ployed in public service jobs under this Act shall be paid wages _..='_'_ 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 Sts: a..s Act of 1938, as amended. The only exceptions to section 6(a)(1) are where a pa___._.- is exempt under section 13; b. The State or local minimum wage for the most nearly comparable covered et:p c. The prevailing rate of pay for persons employed in similar public oct• a__o=s by the same employer (section 208(a)) d. The minimum entrance rate for inexperienced workers in the same occ_pa__on in the establishment, or, if the occupation is new to the establishment, the -:_e-vailing entrance rate for the occupation among other establishments in the cow_.=y or area, or any minimum rate required by an applicable collective bargaining agrae=e or e. The prevailing rate established by the Secretary, in accordance with the =a-ra-Bacon Act, as amended, for participants involved in employment covered by the Da:-Is-Bacon Act. 15. Special consideration shall be given to eligible disabled veterans, sp-z-1al veterans, and veterans who served in the Armed Forces and who received other than a snonorable discharge within four years before the date of their application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, she'-',- take into consideration the extent that such veterans are available in the area. Sp=t{ :c effort should be made to develop appropriate full or part-time opportunities for s::c ?eterans. In order to ensure special consideration for veterans, all public se—ice e:t oy-int vacancies under Title VI, except those to which former employees are be= PPn:P.A.y OPEPAT[Mr. PLAY (CETA Title VI PSS Projects) 28 - 744 cumber PS= ?rjije:ts ProSram. Subgrantee shall provide certain administration and s:a:: mar :es to establish mad operate a Public Service Employment (PSE) Projects Pr:;r= dsrica the term of this Agreement pursuant to Title VI of the Comprabans+ve an! Traiaing Act of 1973 (CETA) and County's federally approved CETA eas.tie Title LI Plan as described in Paragraph 8. (project) of the Subtract Aireema:t, an! is accordance with the Project Job Specifications and Project Su4d3t �=::: ire a::a:hed hereto and incorporated herein by reference. S-.a traates's PS= Project Proposal(s). Subject to and insofar as not incon- sis:t:: with h this Program Operating Plan and with said Project Job Specification, add P:a;ect Budget attached hereto. Subgrantee shall provide services and program ac:ir::ies hereunder in accordance with its "County of Contra Costa, CETA Title V=, PL31i: Service Employnent Proposal(,) for Fiscal Year 1977," as identified by Pro:e:t nue3er ($) in the Project Job Specifications and Project Budget and as amacded and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection a %!:;ag by Subgrantes, program participants mat reside within the geographic bo- =tries of Contra Costa County, but outside the city limits of the cities of Cod: and Richmond. 1. Eli ibility and Hiring of Title VI Project Partici ants. All CETA partici- pants who are selected mad hired by Subgrantee to fill Title VI PSE project job pos:=°:zs under this Agreement mast be hired in accordance with the eligibility and sa:ection requirements prescribed by County and CEL regulations (29 CFe Subtitle A, Section 99.42). a. Recruitment 2hrough IDD. Subgrantee shall notify the California State Erp:apuent Development Department (8DD) of all P8S project job openings on a cont"acing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDO will be given consideration by ftft antes for hiring. In providing such notice to IDD, Subgrantee shall indicate: Cl) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by SOD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by in in response to such notices. Subgranteis understands that all each referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantes must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify IDD in writing of my EDD-referred applicant who is hire= by Subgrantee for a PSE project job position. b. Recruitment ThEmb Other means. Subgrantee say utilise other sources of recruitment of CETA participants for PSB project job positions under this Agree- cent, subject to Paragraph 19, Part Be (Additional Assurances Relating to Public Ser:::* Employment Programs), page S, of the Assurances and Certifications. For applicants who are recruited in any canner other than by job listing with EDO, Subgrantee shall establish their eligibility by submitting the applicants' na:aaea to Coa%: 's Manpower Project Office for verification of eligibility for participation. Initials: bgrantee County papt. -1- 0t 1593 PROGRAM OPEca1TING PLAN (CE_A Title VI PSE Projects) Summer 2 8 — 7 44 :.:_;re1:1C22 obtain written v%-r cation of eligibility Lru:1 the County's .`(:i:: .,.J2r Pr.-ject Office prior to the hiring of any such applicant, except that is cases o_ 3Z2liCants wfa attest in writing to their own eligibility, Subgrantee must obtai. the necessary written verification from County no later than 60 days following da:e that the applicant is hired by Subgrantee; in such cases, participants who _re =oszd to be ineligible shall be terminated from participation hereunder imoadis::ly b:- Subgrantee and Subgrantee shall not be liable for wages and benefits paid to s•s:h ineligibla participants prior to the .date of receipt of written verificati- t a :R211gibi3itf from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)]. c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare pa;_ents or has a current total annual income [computed in accordance with 29 C"X Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the V. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) Froin at least one of the following five additional eligible categories; i.e., must also be a person who: (i) is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks imaediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an ezhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers. -under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 1S0 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: S bgrantee County Pept. -2- 00594 PROGRAK OPERATING PLAN (CETA Title VI ?SE Projects) Number 28 - 744 (3) In hiring such new participants hereunder, Subgrantee mall a?lacate :ends and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(l)(b)(i), (ii), (iii), and (iv) above, as pcescriba;: by County to the r..aximum extent possible given the composition of the popsla_ion of unemployed eligible persons, serving no one category exclusively and excludiat no category entirely. 4=•) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). • 5. Special Subareas for Siring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated unincorporated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance With CETA regulations (29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)]. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Subgrantee County Dept. -3- 00595► PROGRAM OPERATING PLAN (CETA Titles VI PSE ?raj-2z: .) 28 - 744 NuuSer .� i_ iervi.:: Position,. :;uL�;r.�:::.__ ..Awl , tti::piy with =-z atians regarding acceptability of public employ ant po3itions (29 CFR Sub- A, Sactiins 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shalt only Ue _sed to meet public service needs which would not have otherwise been met and t: :;zplement new public services; b. Subgrantee's program shall emphasize transitional -employment (i.e., jc__ hich are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contributo to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in L:s_=sidized employment in both the private sector and the public sector and shall es=ablish appropriate placement goals in accordance With guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits,. and working conditions pursuant to CETA regulations (29 CFR Subtitle A. Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime ::ark, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal ware:ing hours of any employee for the purpose of hiring any individual under th:s Agree-=nt; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: _IrrV 1A S grantee Canmy Dept. -4- 00 95 PROCRAM OPERaTINC PLAN (CET: 'Title .I PSE Prs,.je,:ts) V *lumber - '744 ' ?ro�ram Costs. In accordance with Paragraph 3. (Allowable Costs) _ =:e ?a•-azt Provisions, Subgrantee shall also determine its allowable costs cinder pursuant to CETA regulations (29 CF;t Subtitle A, Sections 99.74, ?3.13), pertaining to: General purposes for CETA expenditures, 34-rect and iadirect coats, c. Policies and. procedures, Restrictions on use of funds, a. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, Classification of costs by category, Ex- amples of properly chargeable costs, i. Administrative costs, J. Travel costs, and Allocation of allowable costs among program activities. 15. Azouisition of Equipment and Supplies. Subject to the Project Budget subject to restrictions imposed by County and CETA regulations [including ?a_=S:e?a 13. (Property Management Requirements), page 3, of the Special Conditions an_ 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use =_4er this Agreement, including equipment and materials for use in the training Of public service employment participants hereunder and work—related supplies, equip=ent, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices aad machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agree--ant. Subgrantee shall maintain all such property•in good working repair at all ti=es and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee County Dept. -5- O05W PROJECT JOB SPECIFICATIOLIS (CETA Title VI PSE Projects) /� Number 2 8 — •�'f 4`:� 1. PSE Project Job Positions. RICHMOND UNIFIED SCHOOL DISTRICT (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) ;`1127/12/77- Teacher Aide 3 36.0 7/11/78 Library Aide 3 35.2 =11310/28/77- Teacher Aide 6 66.8 9/30/78 A114 10/28/77- Teacher Aide 6 66.8 9/30/78 `115 7/12/77- Teacher Aide 2 24.0 7/11/78 Community Worker 1 12.0 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: �"�`� Su gb rantee County bept. 00598 I PROJECT BUDGET Number 2 8 — t 4 4 1. PSE Project Budget. RICHMOND UNIFIED SCHOOL DISTRICT (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects under this Agreement in accordance with each Project Budget of allowable program expenditures, as follows: SEPARATE PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #112 7/12/77- (a) Participant Wages $ 45,609 7/11/78 (b) Participant Fringe Benefits 14,633 (c) Training -0- (d) Supportive Services -0- (e) Administration 3,060 TOTAL (Project Payment Limit) $ 63,302 (2) #113 10/28/77- (a) Participant Wages 46,152 9/30/78 (b) Participant Fringe Benefits 16,452 (c) Training -0- (d) Supportive Services -0- (e) Administration 3,060 TOTAL (Project Payment Limit) $ 65,664 (3) # 114 10/28/77- (a) Participant Wages 46,152 9/30/78 (b) Participant Fringe Benefits 16,452 (c) Training -0- (d) Supportive Services -0- (e) Administration 3,060 TOTAL (Project Payment Limit) $ 65,664 (4) # 115 7/12/77- (a) Participant Wages $ 24,783 7/11/78 (b) Participant Fringe Benefits 7,888 (c) Training -0- (d) Supportive Services -0- (e) Administration 3,060 TOTAL (Project Payment Limit) $ 35,731 Initials: U S' bgrantee County bept. -1- 00599 i PROJECT BUDGET Number 28 - 744— b. 8 - 7 -b. :allowability of Monthly Expenditures and Deobligation of Funds. No later t;:an the effective date of this Agreement or as otherwise may be authorized by County, Sub;rantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cu:-..ulatively for the term of each Project. Sub;rantee shall maintain a current PSE Program Plan for each Project, on file With County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure") , and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County' s payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. Separate Project a. PSE Project. Project Term Payment Limits (1) f 112 7/12/77 - 7/11/78 $ 63,302 (2) # 113 10/28/77 - 9/30/78 65,664 (3) # 114 10/28/77 - 9/30/78 65,664 (4) # 115 7/12/77 - 7/11/78 35,731 TOTAL (Agreement Payment Limit) $ 230,361 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. f Initials: Subgrantee County Dept. 00600 -2- In 'i,a Board o Svo.ar iisor 28 - 744 8 - 744 r Of man:;a Cosa County; 'S al.- or California 210 77 19 e .c-_a at t:e D:rentor, iili� .eSOUZZes r►;�;an cy, to E ecL•te Sub'gran_ . ree`aftts with CETA Title VI ?SZ' Subgrantees The Board having authorized, by its Orders dated June 14, 1977, xgus: 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hieing to fill CETA Title VI Public Service Employment (PSE) Project .;situ:s, in accordance with each Subgraatee's respective CETA Title VI =_ojec= ?_oposals, as approved by the County Manpower Advisory Council, The Board having authorized, by its Orders dated June 28, 1977, . _gust lb, 1977 (referenced above), and September 13, 1977, the County Audico_-Controller to make initial subgrant payr..ants to certain CETA Title V1 PSE Project Subgrartees, pending completion of Subgrant Agree- ments w±tb each Subgrantee, and The Board having considered the recommandatioa of the Director, Resources Agency, regarding the need for prompt execution of such Su3gra t _Agree:a nts ::ith eac. of the Subarantees currently authorized to o:era_e C7i' Title VI PSE Projects in order to maintain project operation3 and co=p'_:_nce with federal guidelines, IT IS BY THE BOARD ORDERLD that tae D:_e_.or, Human Resources Agency, is AUTHORIZED to execute, on baa_If of the County, standard fora Subgrant Agreements with the forty-seven ( 7) CETA Title Vi PSE Project Sabgrantees identified in the attached "CETA Title VT_ Public Service Employment Project Subgo rant Agreement Specifications Chart," upon approval of the standard form Sub- approval Agreement by the Office Of the Cof_aty Counsel, with the effective dates of said Agreements to be ;_tween Jct._ 20, 1977, and September 30, 1975, for operation of CETA Title VI ?SE Projects as specified for each Subgrantee (each project to be li--;ted to twelve months in duration from the date of first hiring o= a PS?. project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under teras and conditions as more particularly set forth in said standard fora Ssbgraat Agreements. PASSED BY THE BOARD on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the r..i::;: es of said Board of Supervisors on the date aforesaid. . urig: _-.:.aa' Resources Agency Witness my hand and the Seal of tns Board of At t n: Contracts 5 Crants Unit Supervisors cc: County Administrator ofrixed this ? L..% of Se�tenber _ 19 77 County raditor-Co:t roller County ::anpawer Project J. R. OLSSJv, Clark Director Subgrante:es Deputy Cleric .Jeanne 0. '00601 2J7:dg F 2,3 - (Ai ok-Wit`Itt Cu `.)/'r'.O/] i 1111:tC4l of-tit!t c,VT,1, cI7'i.r v]' t'UIIt.Te. Si.t{YYct _ri-ts►rmril'.s~I, Pttw_rr! ��ulzc�ltnN ! nca.rsI.cis�.r11 .;l l�:cTt:rcn_I��c�h. _.. -' uties P::oject.) Litithtrrl.•rctit lc,t�-.I.ut,].isiztettt'ttt:l.ott In~June: tutct Atil;u:tt ,� 1►J!%)µ X. New PSIi 5ubr,ranCee3 ; . MAXIMUM 12-MONTH PROJECT KNXIMU,I ;UI:(,)':1::1' SUBCIU\N'ti:l. PROJECT NUMBER NUMBER OIC, JOBS PAYMENT LIMIT PAVY;.a LIXIT 1. Contra Cost. Legal Services Foundation, 30.2 3 $ 31,362 $ 31. ,3(52 Inc. 2. llonte health and Counseling Services, Inc. 310 3 19,704 C 311► 2 20,494 1.0,198 ' 3. City of Pinola 312 3 40,810 313 2 26,03.7 314 1 13,025 315 1 13,025 316 1 51,750 105,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304E 3 31,612 305 5 50,074 124,372 5. Neighborhood house of North Richmond, Inc. 309 7 76,247 76,21+7 6. Loa Madanos Community Hospital District 322 4 431584 43,554 7. Alnmeda»Contra Costa Council of 30 989 Camp fire Girls, Inc. 321 3 30)989 ? 8, rnk,i Research Institute, Inc. 327 5 58,382 328 7 85,302 143,6'S4 9. Pinola Family YMCA 300 4 38,980 38'9(sU 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 , 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 r 308E 3 44,963 94,159 12. Phoenix Programs', Inc, 329 7 68,91,6 G3 ,91G 13. 14aw Horizons Center,- Inc. 325 3 32 ,762 32,762 14, Contra Costa Children's Council 331. 3 33 ,152 33 ,1'x'' T. ,,.;�, I t1t %,I%t. Lo ;I.:l r' ;'i Jif)tit'tI ()i:tIet) MAXIMUM 12410t)'111 l+lttt.t): T 1tAN14111 �:t'?'•i.: :\;;i' �':_::;' '•:t"�'r; S111tt.1.ARtl:1. 11Htl.siI.t1 Ntlrt)11.1k NUtt11EM OF ,)t)11S 1•AYr1Eld'1'._1.'!s•if.�{'� .__.,__.,,� ._.....'... .. . .,�._.._.._. _... .... 15. Social Advocates for Youth--Diablo Valley 333 7 $ 66,917 16. Contra Costa Crisis and Suicide Intervention 326 3 30,1494 30,1,94 17. Fast County Re.ourve Center, Inc. 33.7 3 37,706 37,706 18. International Institute of Alameda County 334 4 37 ,322 31 ,314 19. Ott. Diablo YMCA 301 5 43,776 43,775 � d 20. Region I\ American Indian Council, Inc. 323 7 841448 8' e,1: i;, � 21. Linton Business College, Inc. 320 3 23,872 23 ,}7'' Q 22. Nuaical Arts of West Contra Costa County, Inc, 330 3 32,778 32,775 Current PSE Subgrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 32,037 3, City of Concord 174 6 82,080 175 7 95,760 176 4 54,720 177 7 95$760 1.78 6 82,080 173, 7 95,760 180 6 82,080 102 6 82,080 183 6 82,080 320,800 184 5 681400 4. City of 8l Cerrito 107 2 241847 108 6 701774 101 2 22.1346 1.1.0 7 8513-69 111 1 14,051 140 3 32,11:1 3.44 1 1.0,715 :?54f,U15 5. City of Lafayette 1115 1 12,436 148 1 13,183 25,619 J IIC.II'1''1 a MAXI tUR I A-•r ONI'tt 11RO.]1:t:r MAXIN.t,!t, +�::�:f„��<r r.t i.� !!fit?;;t• SuitCItAN'1'ia: ttl;tiJt:c•r ht1�tlli?it NUMBER 01.1 ,Igtcs i��w��:;a�� t.l►a1 r 6, City of Mart lnt z 1.85 3 42,1100 18513 2 27,803 186 1 14,201, 187 1 12,600 97 ,007 7, City Pittsburg 152 2 26,872 153 3 43-1417 154 3 36,691 155 1 131 i40 156 7 107,015' Q 157 2 29,182 158 5 68,228_ 324,51.5 � 8. Pleasant Hill Recreation and Park District 134 r. 1 11,167 135 1 11,685 ;:'?,8 5 2 9, City of Walnut Creck 1.65 1 13,039 1.66 3 39,420 167 1 13,039 65,498 10, Antioch Uniried School District 116 4 571107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11, Drentwood Union School District 150 4 50,584 151. 3 34 ,614 ' 55,195 12, Dyron Union School District 162 1 14 ,200 14 ,200 13, John Swett Unified School District 103 6 681000 10333 7 76,384 144,331; 3.4. knight sen School District 104 1 121'819 12,83 9 15. Lafayette School District 1.05 3 39,200 105D 4 56,034 1.06 7 95,234 110,4G8 16, Liberty Union School District 143 7 94,767 188 1 12,052 1Ct>,Si 9 M' 11 f l t �t,LLilC.11!!'l?l1t to 9/20/77 Boal:d order) • a• •c . `' fir,: tiA.`:'f.l•Il!M 1?_-•�:OtJ'!'ll ?'I�OJi:C_ ?(t+.�:l?•,:.:+ :��:?(•i :�.` t , !•: ::�..•,'.. ,i , SU BCPvkNTI E PROJECT NUMBER NUMBER Or JOBS PAYRENIT LIMIT P1l.Y::::`: ;,L:.. 17. Martinez Unified School District 146 5 $ 62,000 146B 2 29,058 91. ,058 18. `for.nga School District 3.02 2 7.3,475 102D 5 59,001, 82 ,1.79 7 19. Mt, Diablo Unified School District 118 • 4 56,328 119 5 58,•981 120 6 66,215 122 3 27,946 � 123 4 50,673 124 6 68,936 125 4 45,840 126 G 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,519 20, Oakley Union School District 159 4 52,703 159B 3 401788 160 4 53,196 161 7 90,200 236,887 21, Pittsbur8 Unified School District 1.49 3 36 ,382 149B 4 51,558 87 ,940 22. Richmond Unified School District 112 6 631302 113 6 651664 114 6 651664 115 3 35,731, 230,361 23. San Ramon Vnlley Unified School District 142 1 �... 121224 12,224 ` 24, Housing Authority'of the County of Contra Costa 141 6 86,623 £6 ,623 25, Stute of California 190 3 31.1754 r 191 2 20,303 193 5 52,599 ' 194 1 10,506 115,162 a r' p, i Contra Costa County Standard Form ` SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number 2 8 — '729 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: CITY OF PITTSBURG Capacity: A Public Agency Address: 2020 Railroad Avenue, Pittsburg, California 94565 3. Tern. The effective date of this Agreement is August 1, 1977 and it ' ter-minates August 30, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall CO not exceed $ 324,545 . 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Prograr Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE B. An Y'O'e— Designee (Desiinate official capacity in public Recorsended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of overning dy resolution 3: author' ing xecutio th's Agreement) Designee Attest: D signate official acity) , d By (Fora approved by County Counsel) Dated U 1f;UFA Microfilmed with 6oar7 or&er Contra Costa County Standard Form PAYIENT PROVISIONS (CETA Title VI PSE Projects) Number 28 - 729 1. Pavment_ Basis. County shall in no event pay to the Subgrantee a sum in axcess of the total amount specified in the Payment Licit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total paynant to Subgrartae for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and :re actualiv incurred in the performance of Subgrantee's obligations under this Agreement. 2. Favmant Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Ecce?tions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular PMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-3-5 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 40 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has :Failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments rade by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials. ubgrantee County Dept. 0060'7 - 3 - C:,atra Costa County Standard Fo= PAYXENT PROVISIONS (CETA Title VI PSE Projects) Q 1y Q Number 2 8 — ` 2 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acuta:iy been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Pa)ment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount' of the County's liability, if any, to the State and/or Federal government resulting from'any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials. '��o Z4 Subgrantee County Dept. 00608 - 2 - � I � hk Concra Costa County Standard Form GENERAL CONDITIONS (CETA Title V1 Subgrants)'• 9 8 — 729 �.u=.b e r 1. Cono_lance With Laky. Sut-rantee shall be subject to and comply with all Federal, Sate ani lo.:i1 la-.:s and regulations applicable with respect to its perfomance hereunder, Luz not limited to, licensing, eaployment and purchasing practices; and wages, h:�u_s and coditions of employment. ?. T_-scection. Subgrantee's performance, place of business and records pertaining to t:-=s A-rem:=cnt are subject to c-onitoring, inspection, review and audit by authorized rLpreser._at:ves of the County, the State o,". California, and the United States Go•:ernnent. 3. Subgrantee s:.all keep and cake available for inspection by authorized represercat=�:a5 of the County, the State of California, and United States Government, the Sub*rantee's regular business records and such additional records pertaining to this Agree=nt as =ay be required by the County. 4. Retention of Records. he Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's f`_1.1 pay-ment demand or final cost report (whichever is later) under this Agree�znt, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. L.on request, Subgrantee shall mal-.a these records available to authorized representatives of the Co::nty, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled i—ediately by written nutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may ter_inate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the cork in any reasonable manner it chooses. The cost to the County of completing Sub- grantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terr..inated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otheivise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this agreement except to the extent that they further detail or clarify that which is alrecdy required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided 'herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Mcd fications and Amendments. a. General Amendments. This Agreement may be r:odified or amended by a w :sten docu-ent executed by the Subgrantee and the Contra Costa County Board of SL;scrvisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Adr.inistrative Arendments. Subject to the Payment Limit, the Payment Pro-:isions and the Prooran Operating Plan may be amended by a written administracive ^e:.t c:.:r-:uted by the Subgrantee and the County Administrator or his designee, subject t:, any required State or Federal approval, provided that such administrative amendments :. riot nate:ially change the Payment Provisions or the Program Operating Plan. 00609 Initials- -/- St.bt;r ntee Cocas P.�a=. Contra Costa County Standard Form G&ti'ERAL CONDITIONS (CETA Title VI Subgrants) 28 - 729 Number 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is rade or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee'" obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from. bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Indenendert Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any re=bers of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a•corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreecent shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. 0(.)610 Initials. .;. 4 Z� Subgrantee County Dept. Z- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 A = Number .. 77 l9, 13. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned auto=obiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the *loss of use thereof, arising from each accident or occurrence. CP b. Workers' Condensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Lfartinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. 7 Initial�„�'^ Subgrgntee County Dept. 00611 i -3- SPECIAL CONDITIONS (CETA Title ?SE Projects) Number 28 - 729 ' 1. Comaliance with Federal Require-ants. Subgrantee shall comply with all Federal regulatiors, guidelines, bulletins, and circulars applicable to Title V! of the Comprehe:sive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Re;inter, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, ?:a. 93, Friday May 13, 1977; as may be revised and amended; and which are incorpa_ated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. Project of the Sub-rant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement_, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program • operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part- performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials- /L-1 Subg ntee County Dept. -l- 00612 +S4aLw-4..... ..< : .':':w .:.. .;.a�.. _ _ k. ..i'. ..� .F.. ':C...s<i z.+ �Y.R. _..s, r.:•.fiC.3ku'wish,.9 i. '_ _ �•� .. ...a a, fit:? .T �ii-`�.t S_.:..4. � � Jkri'� ... .. .. . SPECIAL CM;DITIO`S (CETA Title V1 PSE Projects) Number 28 - 729 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such docu:-encs, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. S. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.'Equal Employment Opportunity," as azer_ded by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin x=29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Pro ra= Xanage=ent Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FXC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirerents, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreerent funds, property, and other assets and shall ensure that t1iey are used solely for purposes authorized .der this Agreement. Initials Subgrantee County Dept. 00613 w SPECIAL CONDITIONS (CETA Title VI PSE Projects) ry Q Number 2 Q l7 - ` 2 J 13. ?ro:erty Management Requirements. Subgrantee shall comply with applicable requ:rez=ents established by County or the U.S. Department of Labor governing the procure=ent, ownership, use, and disposition of CETA equipment and other personal prcperty (inclLciing minor equipment costing over $50 per item and unused expendable personal araperty with a total inventory value over $500). Subgrantee shall establish a control s-st=n to ensure adequate safeguards to prevent loss, damage, or theft to prcperty, ir_clu--ing CETA equipment. 14. ?ropert;: Records. Subgrantee shall maintain accurate records of any CETA equip=e-nt and other such property procured with CETA funds or otherwise acquired under this 4s=eP-en= in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular F11C 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- ca=_en nu=bers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. `:atwithstanding Paragraph 4. (Retention of Records), page 1, of the General Co^dit_o=s, Subgrantee shall retain such property records for three years after the dispos-ition of such equipment or property. 15. ?=ocure=ent Standards. Subgrantee shall comply with applicable State and local la!:s, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of laccr =or such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachmant 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. .=irtain a code or standards of conduct governing the activities of its officers, a=?oyees, or agents involved in procurement and prohibiting the solicitation azd acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free ccmpetition and prevent conflicts of interest or noncompetitive practices which =ay restrict or eliminate competition or otherwise restrain trade. c. `.aka positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments =ay be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will, not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. \e:•ert*:eless, in all cases competition shall be obtained to the maximum extent practicable. Subs=:;zee's records of such procurements shall contain justification for subcontractor selec.tion and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. i5. ::egotism. Subgrantee shall comply with the Federal restriction prohibiting (? C:R Subtitle A, Section 98.22). Pursuant thereto, Subgrantee shall not hire a= pr-r"-:.z in an administrative capacity or staff position funded under this naree- me-t is a r.F_:er of his or her im.ediate family is already employed in an administrative- capacity dministrativecapacity by Subgrantee. Initial Subg nt�gCounty opt. - b SPECIAL CONDITIONS META Title VI PSE Projects) dumber 28 - '729 .r. r'_•:is-Bacon nage fiats. Subgrantee shall comply with applicable regulations S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarflictg pa,-.-Ment ::age rates to all laborers and mechanics employed by Subgrantee o- any in any construction, alteration, or repair, including painting ajt•: of projects, buildings or works which are assisted under this Agree.zint, zzo_�!a=e with the Davis-flacon Act, as amended. .c. Final Subzrant Closeout. In the event that the program operated by Sub;;rantee thisg:ee_ent is not funded by County under a new Agreement following tenlination __ ::,.-a -ithin Agreement, Subgrantee shall comply with final Subgrant closeout procedures ._:ablisaed by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the terraination o; =-i; Agreement, all financial, program, performance, and other reports required by Lade_ this Agreement. b. Subgrantee shall account for all CETA equipment and other such propatty, 'i::g =aterials and supplies, procured with Sub-rant funds or otherwise acquired _Zil_, taus Aorea:aent. c. This Agreement may be modified to extend the term for up to 60 days to =_:c: Subgra:.tee to incur allowable administrative costs during said 60-day clo3eout p==_od far the purpose of initiating a final closeout of this Agreement, preparing :he above specified reports, and submitting said reports to County. d. Linder any such Agreement modification, County may reimburse Subgrantee p_r=_uaat to Paragraph 4. (Payment Demands) of the Payment Provisions for such allcwabie administrative costs that are actually incurred, but subject to the ?a---eat Li=it of this Agreement. 19. County's Designated Representative; Modification.- County has designated ..s 'ta-a-..3ower Project Office to monitor performance under this Agreement. The "_e,_cole= Project Office will represent the County in all the program phases of the but it is not authorized to change any of the terms and conditions of this _3ree=a:t. Such changes shall be only by a properly executed modification to this Ag=eam_at. The Manpower Project Office shall at all times have the right to inspect, =-ii-or, and evaluate the work being performed under this Agreement. Initials: Subgrantee County Dept. -4- 00615 ASSURANCES ":D CEP,TIFICATIO_•:S (CETA Title VI Suhgrants) 2 8 - 729_ 729 - Number Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the recuirements of the Comprehensive Employment and Training Act of 1973 (CETA) , as amended (P.L. 93-203, 87 Stat. 839 and P.L. 93-50, 88 Stat. 1845 and P.L. 94-444), hereinafter referred to as the Act, and with the re-=:la- ti.ons and policies promulgated thereunder. 2. It will comply with Federal management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall cooply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee`s governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement), and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: CP a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(l) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Batch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: ,. Subgr ntee Count Dept. 00616 -1- ASSURANCES AND CERTIFICATIONS (CETA Title FI Subgrants) M` Number 2 V - 6 2 e! 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee who are covered by a State or industry workers' compensation statute; and provision of workers' compensation insurance or medical and accident insurance for injury or disease resulting from their participation to those individuals engaged in any program activity ur_der 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 workers' compensation statute (sections 703(6) and 208(4)). 17. Its program will not result in the displacement of employed workers or im?air e-xisting contracts for services or result in the substitution of Federal funds for other funds in connection with the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximums extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties vhich will enable participants to become economically self-sufficient (sections 703(9) and 105(a)(6)). 20. Institutional skill training and training on the Job shall only be for occupations in which the Secretary of Labor or the County has determined there is reascnable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the CounL;'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 or County in determining the extent to which the program meets the special needs of disco anta;ed, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials- Subgr ntee County opt. 00617 -2- III _m ASSURMICES AND CERTIFICATIO:iS (CETA Title VI Subgrants) Number 28 - 729 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its probram has adequate administrative and accounting controls, personnel sta✓d rds, 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)) . 25. Its program makes appropriate provision for the manpower reeds of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minim= nage for the Lost nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (d) the minima entrance rate for inexperienced workers in the samd occupation in the establishment or, if t::e occupation is new to the establishment, the prevailing entrance rate for the occupation among other establishments in the cou=unity or area or any minimum rate required by an applicable collective bargaining agreement. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a)(1)(B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in Aolation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Vater Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not othen;ise exempt: (a) no facility to be utilized in the perforce of this Agreement has been listed on the EPA List of Violating Facilities; (b) it loll notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract B. Additional Assurances Relating to Public Service Emplo3ment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide suff.ciert prospects for advancement or suitable continued employment by providing cola=(:-'crtaZ! training and manpower services designed to: (a) promote the advancement of partStipants to e--ployment or training opportunities suitable to the individuals involved, wheti,ur in the public or private sector of the economy, (b) provide participants with skil?:: for which there is an anticipated high demand, or (c) provide participants with self-:'.::-clop=ent skills; except where e:cecrt under the provisions of section 604 of the Act, provided, however, that nothing contained in this parnoraph shall be construed to prec; ,:•:c persons or programs for whom the foregoing goals are not feasible or appropriate (sect;cns 205(c) (4) and 604) . Initial' Subgrantee County Dept. 01618 -3- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) i Number 2 v - 7 2" 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the une=plo;_ent rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) a.a 604) . 3. It :ill give special consideration in filling transitional public service jcbs to ung=^_oyed persons who are the most severely disadvantaged in terms of the length o ti"_e they -ave been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5. Due consideration will be given to persons who have participated in L.anpower training programs for whom employment opportunities would not otherwise be immediatel, available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c)(17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, ,Where shown necessary, chill make revisions of qualification recu{re- =ants at all levels of employment, including civil service requirements amd practices relating thereto, in accordance with regulations prescribed by the Secretary or County, s. th a view t-o-ard removing artificial barriers to public employment of those whom it is the purpose of the Act to assist (section 205(,) (18)). 8. L'bere appropriate, it will maintain or provide linkages with upgrading a=d other .:.anpower progra_M for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar work, with opportunities to do so and to find permanent, ug-aardly moa le careers in that field, and (b) 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(,)(19) and 604). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(,)(21)). 10. Not more than one-third of the participants in its program will be e=ploved in a bora fide professional capacity (as such term is used in section 13(a)(1) of the _air Tabor Standards Act of 1938) , except that this paragraph shall not be applicable in tha case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(,)(22)). 11. Jobs will be allocated equitably within local governments and agencies tzkinb into account the number of unemployed persons within their jurisdictions and the reeds of the agencies (section 205(,) (23)). 12. Tits jobs in each promotional line in no gray infringe upon the promotional opportunities - hick would otherwise be available to persons currently employed in public ser•:icn jobs not subsidized under the Act, and that no job will be filled in other time an .:n:'_y levci position in each job category until applicable personnel procedures and coil.--c.tive bargaining agreements have been complied with (section 20 )(24)). Initial. Subgra tee County Dept. 00619 -4- ASSOR-OCES AND CERTIFICATIONS (CETA Title VI Subgr.nts) hTumber 28 - 729 13. Jobs are in addition to those thuL would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 1,. Persons employed in public service jobs ender this Act shall be paid wages which s::a'_l not be lower than whichever is the highest of: a. The minimum hourly gage set out in section 6(a) (1) of the Fair Labor Sta,l-a_-s Act of 1933, as amended. The only exceptions to section 6(a) (1) are where a participa::t is exempt under section 13; b. The State or local minimum «age for the most nearly comparable covered emplo_ en t; 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 co.=ua='ty 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Su v-ra,.tee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities fo= such veterans. In order to ensure special consideration for veterans, all pudic service employ-ment vacancies under Title VI, except those to which former emplo,•ers are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee-shall, on a continuing and timely basis, provide info=ation on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans •employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a)(2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c)(20)). Initials: ubgrantee County Dept. -5- 00620 I 1 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 29 - 729 i. PS- Projects Program. Subgrantee shall provide certain administration and ___= servizes to establish and operate a Public Service Employment (PSE) Projects during the term of this Agreement pursuant to Title VI of the Comprehensive and Training Act of 1973 (CETA) and County's federally approved CETA :.c=;,renensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant and in accordance with the Project Job Specifications and Project Budget ._.:_a are attached hereto and incorporated herein by reference. 2. Subgraatee's PSE Project Proposal(s). Subject to and insofar as not incon- siszent with this Program Operating Plan and with said Project Job Specifications an:: ?roject Budget attached hereto, Subgrantee shall provide services and program ac=_•cities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by ?ra4ect number U) in the Project Job Specifications and Project Budget and as —eased and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection a,_ firing by Subgrantee, program participants must reside within the geographic bo_=3aries of Contra Costa County, but outside the city limits of the cities o= Co==ord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pa~ts who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility ad selection requirements prescribed by County and CETA regulations (29 CFR Subzitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State :.m21o7aent Development Department (EDD) of all PSE project job openings on a cozziauing and timely basis as they occur hereunder. Such job listings must be bo=a fide vacancies for which applicants referred by EDD will be given consideration by 5•:bgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may recuest and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hi-e? by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of :ecruitment of CETA participants for PSE project job positions under this Agree- subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Ser7ice Employment Programs) , page 5, of the Assurances and Certifications. For anDlicants who are recruited in any manner other than by job listing with EDD, Ss _rantee shall establish their eligibility by submitting the applicants' nares to C-1-zn:v's Manpower Project Office for verification of eligibility for participation. Initials• Subg antee County)Dept. -1- ori M I PROGRAM OPERATING PIAN (CETA Title VI PSE Projects) Number 2 8 — 729 Subgrantee must obtain written verification of eligibility frog the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)]. c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: 4�Subggra County �bept. -2- 00622 PROGRAX OPERATING PLAN (CETA Title VI PSE Projects) Number 2 R 729 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): CP (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)]. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to 'CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Sub rantee County Dept. -3- 00 rlbrx GZ3 PROGRAM OPER_aTING PLAN (CETA Title CI PSE Projects) 1� (� Number 2 Q l7 — ` 2 9 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 95.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to ceet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs Which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond', and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing feder ly assisted jobs. Initials: -4- Subgrantee County Dept. 0062�142 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 4 Number 2 8 _ 7 2" :�. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of _h-e Pa=ant Provisions, Subgrantee shall also determine its allowable costs under AZreegent pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, and 93.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 13. Acauisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFE Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training o_ Dublic service employment participants hereunder and work—related supplies, equipment, and materials for such. participants. lb. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this agreement. Subgrantee shall maintain all such property in good working repair at all tunes and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: 14 i4ubgrantee County Dept. PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 729 I. PSE Project Job Positions. CITY OF PITTSBURG (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #152 8/1/77- Maintenance Man I 1 .12 7/31/78 Laboratory Aide 1 12 #153 8/1/77- Maintenance Man I 3 36 7/31/78 #154 8/1/77- Typist Clerk I 3 36 7/31/78 #155 8/31/77- Account Clerk I 1 12 8/30/78 #156 8/17/77- Maintenance Man I 5 60 8/16/78 Jr. Civil Engineer 2 24 #157 8/4/77- Planner I 1 12 8/3/78 Draftsman 1 12 #158 8/1/77- Building Inspector 2 24 7/31/78 Typist Clerk I 2 24 Maintenance Man I 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therP for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Subgrantee County epi. 0us26 PROJECT BUDGET (k Number2 8 s 7 211 1. PSE-Project Budget. CITY OF PITTSB (Subgrantee shall conduct its CETA Title VI Public Service Employment PSE Projects under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #152 8/1/77- (a) Participant Wages $ 18,129 7/31/78 (b) Participant Fringe Benefits 6,638 (c) Training -0- (d) Supportive Services -0- (e) Administration 2,105 TOTAL (Project Payment Limit) $ 26,872 (2) #153 8/1/77- (a) Participant Wages 29,367 7/31/78 (b) Participant Fringe Benefits 10,644 (c) Training -0- (d) Supportive Services -0- (e) Administration 3,406 TOTAL (Project Payment Limit) $ 43,417 (3) #154 8/1/77- (a) Participant Wages 25,020 7/31/78 (b) Participant Fringe Benefits 8,813 (c) Training -0- (d) Supportive Services -0- (e) Administration 2,858 TOTAL (Project Payment Limit) $ 36,691 (4) #155 8/31/77- (a) Participant Wages $ 8,988 8/30/78 (b) Participant Fringe Benefits 3,129 (c) Training -0- (d) Supportive Services -0- (e) Administration 1,023 TOTAL (Project Payment Limit) $ 13,140 Initials-4 Subgrantee County ept. _1_ 00627 r PROJECT BUDGET Number 2 2 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (5) #156 8/17/77- (a) Participant Wages $ 69,595 8/16/78 (b) Participant Fringe Benefits 28,859 (c) Training -0- (d) Supportive Services -0- (e) Administration 8,561 TOTAL (Project Payment Limit) $ 107,015 (6) #157 8/4/77- (a) Participant Wages $ 19,992 8/3/78 (b) Participant Fringe Benefits 6,977 (c) Training -0- (d) Supportive Services -0- (e) Administration 2,213 TOTAL (Project Payment Limit) $ 29,182 (7) 0158 8/1/77- (a) Participant Wages 46,461 7/31/78 (b) Participant Fringe Benefits 16,921 (c) Training -0- M Supportive Services -0- (e) Administration 4,846 TOTAL (Project Payment Limit) $ 68,228 b. Allovability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Initials: Subgr ntee County Dept. -2- 0062� .. . -- .. w.A x. NN PROJECT BUDGET Q (� Number 2 8 7 2 Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee; disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. a. PSE Project. Project Term Payment Limits (1) #152 8/1/77-7/31/78 $ 26,872 (2) #153 8/1/77-7/31/78 43,417 (3) #154 8/1/77-7/31/78 36,691 (4) #155 8/31/77-8/30/78 13,140 (5) #156 8/17/77-8/16/78 107,015 (6) #157 8/4/77-8/3/78 29,182 (7) #158 8/1/77-7/31/78 68,228 TOTAL (Agreement Payment Limit) $ 324,545 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over, or expended under any other Project. Initials• 4ubgr County Dept. -3- 00629 r In Jl a 'BOar.J o Sua_=r cors or 28 - 729 C on;ra Costa, CoUniy, S,at- Of CClifornICl September 20 . 79 7 Ir -.ne Macer of A'uthorizit., the Director, Human Resources Agency, to Execute Subg-ar;t Agreer-ents with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantees respective CETA Title VZ Project Proposals, as approved by the County lHanpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to malke initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, mad The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees currently-authorized to operate CETA Title VI PSE Projects in order to maintain project operations and corpliaace with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, HuII3n Resources Agency, is AUTHORIZED to execute, on bez_Ic" of the County, standard fora Subgrant Agreements with the forty-seven W) CETA Title VI PSE Project Subgrantees identified in the attached "CET3 Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Liaits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgraat Agreements. PASSE BY THE BOARD on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered an the minutes of scid Board of Supervisors on the date aforesaid. Orig: . Human'Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Sup*ryisors cc: County Adoinistrator affixed this�n,thday of September _ 19 77 County Auditor-Controller County ;fanpoaer Project S. R. OLSSO�I, ClarkDirector Subgrantees gy u-.� .�-u ' "�%-.=Y�i, Deputy Clerk Jeanne 0. `in.�l •ii RJP:dg 00630 H•2dg;z6is." Si141'u►•.1�►►►�►1t l'tl !I('LU(1 r tip►rlrcl Urdcet } Pag e f;t:'i;A•,;t`T'1`l,i? VT i'titli.YC 81?i1VXGt'. 1'hn,lr.Cl '►11110-ItAN'I AGRI.Ehit?N'1' ;I11]?C,T1-1YCA'1'T(1NS CtIAI,'!' •• � �,. •...n•r�..R.r•Y•�.+Mw.wrt.l�,y.M•�.�•Y,�.�w.w�s.nf•.•as..i ..k•wM•.... w...r .�.�,�..14t�n•...a.twwi...a . {l,,;,7 Kt" P1;u,jeUts 1111 L'1MUrJ.V,I'd i:o .i•uq►J.Vitt cu•toLJ.un In Jl)nL' nits! Aiij,u:;L�,•� 17)`�� • ' X, New PSR Subt',rant e-as: WIMUM 12-MONT11 PROJI:c'1' MAXIMUM SU)',(TA;:'1' SUECRAMITRE PROJECT NUMBE1t NUMBER or JOINS PAYMENT LIMIT PAl'*iENT 1.71•11T 1, Conten Costa Legal Services Foundation, 302 3 $ 31,362 $ 31 ,362 Inc. 2. 11oa►c 11calth and Counseling Services, Inc, 310 3 19,704 � 311' 2 20,494 40,19E C? 3. City of Pinole 312 3 40,810 313 2 26,017 ; 314 1 13,025 315 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc, 304 4 42,686 304D 3 31,612 305 5 501074 124,372 5. 1:eighborhood House of North Richmond, Inc. 309 7 76,247 76,2 +7 6. Los Madanos Community Hospital District 322 4 43=584 43,584 7. Alnmada-Contra Costa Council of ' Camp Tire Cirls, Inc. 321 3 301989 30,959 8. Lnki Rcscareh Institute, Inc, 327 5 581382 � 328 7 855 302 143,664 9. Pinole family YttCA 300 4 38 ,980 38,00 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 , 106,962 11, Carquinai Coalition, Inc. 308 4 49,1.96' 308B 3 441963 94,159 12, Plioenix Programs', Inc. 329 7 68,946 63,9'.6 13. Now Horizons Center,. Inc. 325 3 32,762 32,762 14, Contra Costa Children's Council, 331 . 3 331152 33 ,152 • fit,►�»L•.11tl•. . . �'l Zof q k MAXIMUM U).- fINT11 14M.11:C"1' MAXIMUM vUll- ti,ANT 111M.tttll"1' NUI-1111113t M11'11111t OF .11111.E PAYMENT 1,114>_1'�� 15. Social Advocates for Youth»•-Diablo Valley 333 7 $ 66,917 16, Contra Costa Crini.s. und Suicide Intervention 326 3 301494 30,494 17. East County Resource Center, Inc. 31.7 3 37,706 37,706 18. Internationnl Institute of Alameda County . 334 4 37 $ 22 37 ,3-2?- 19. 7 ,3:?219. 'Mt. Diablo YY&CA 301. 5 43,776 43,776 20. Region IX American Indian Council, Inc. 323 7 84,448 (14,41{8 21. Linton Business College, Inc. 320 3 23,872 23,:172 O 22. lWical Arts of West Contra Costa County, Inc. 330 3 32,778 32,77a ",urrent FSE Subgrantoes 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921 2, City of Brentwood 173 3 32,087 3',037 3. City of Concord 174 6 820080 175 7 95,760 1.76 4 541720 177 7 95,760 178 6 82,080 179. 7 • 95,760 180 6 82,080 182 6 821080 183 6 82,080 .820,SOC) 184 5 68,400 4. CiCy of E2 Cerrito 1.07 2 24,847 1.08 6 701774 109 2 23.13 4 6 110 7 8511-69 ill 1 1.4,051 1.40 3 32,113 144 1 10,71.4 7.r'�i,O1S 5. City of Latayctto 145 1 12,436 140 1 13,1.03 Ma,GISi MA\1}mm 1,2-•tin!4'i'11 Pitt1.1! i;'t` MAXI!.tl1!i ; i,,•r:!;1��';' l r ''i !'!:1't;;! 1'ROJI;G'1' NUMBRA NUMBER (IF .1t111S i'Al'MI.141' 1.1!•tt'I' 6, City of Marl• lacz 1.85 3 42,h00 18511 2 27,003 186 3. .lii,204 107 1 121600 ';1 ,007 7 . City Pittsburg 152 2 26,872 � 153 3 43'11117 154 3 36,691 155 , 1 13,140 p 156 7 107,015 157 2 29,152 3111,51;5 158 5 68,228 B. i'lei\5ant 11i11 Recreation and rnrlc Dintriet 134 t 1 1111.67 135 1 11,665 7..x,;:',2 9, City of Walnut Cree'r. . 165 1 13,039 166 3 31,420 1.67 1 13,039 6.",,1198 14. Antioch Unified School District 116 4 57 ,107 117 4 57 ,107 136 2 26,954 1.37 1 11,632 • 138 4 56,712 209,512 11, Drentwood Union School District 150 4 50,584 151 3 34 ,614 ' 85,198 12, L'yron Union School District 162 1 14,200 141.00 13, John Swett Unified School District 103 6 68,000 103A 7 761384 144,334 14, Knightsan School District 104 1 1.2;819 12,839 15. Lafayette School District 1.05 3 39,200 105D 4 56,03/1 106 7 95,234 190,468 16, Liberty Union School District 1.43 7 94,767 188 1 12,052 106,3x. 9 (��L'l'.tctssrc:ttC to ti/:20/77 iloavd W-dot'} Page 4 o� 4, . MAXIMUM 11`4101TPii ilM-41' PROJl. 1 10.1lllat NUMBER (I } JOBS PAYMENT LIMIT Ati\�:t;dii.'1.+;t"• it'"':t•';,?t:t'ttt � �.Ytit�r YM•rw.•�11 r�.,rwr.y.w YtiYnpA VoM• •yr� 1�•.+rr..1•YI \nnnY.1•+.Y.�Yti.rY•�•.YY+ M• Y•.w.�wiY1� .� ..w.•�Y r �t•.YY • • .r.. • .• • •, w ....+.r• r 17. Martinez Unified School District l4G 5 $ 62,000 146D 2 29,058 91 ,058 18. Moral^,a School District 1.02 2 23,475 102D 5 59,006 19. lit. Diablo Unified School District Ila 4 56,328 � 119 5 58,981 120 6 66,215 . 122 3 271,966 Ca 123 4 501,673 124 6 681936 1125 4 45,Q40 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 441027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 15911 3 40,788 160 4 5311.96 161 7 90,200 236,BS7 21. PittaburC Unified School District 149 3 36,382 149D 4 51,558 87,94'iO 22. Richmond Unified School District 11.2 6 631.302 113 6 651.664 114 6 651664 1.1.5 3 351.7.31. 230,361 23, San Ramon Valley Unified School District 142 • 1. 121224 12,226 24, 11ousin1, Authority''of the County o1.` Contra CoOtA, 141 6 86,62.3 86162)3 25. State of California 1.90 3 33.1754 191 2 20,303 193 5 5?15cJ9 194 1 10,506 115,162 ' I I, Contra Costa County Standard Form SUBGRMIT AGREEMENT (CETA Title VI PSE Projects) .� y ` Number 28 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: CONTRA COSTA CRISIS AND SUICIDE INTERVENTION SERVICE, INC. Capacity: Nonprofit California corporation Address: 2717 North Main Street, Walnut Creek, California 94596 3. Term. The effective date of this Agreement is August 27, 1977 and it terminates August 26, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 30,494 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRAaNTEE 14 By By Jf_�ae4l. Designee (Designate official �ad blic Recommended by Human Resources Agency agency or corporatn;1dt; r corporation seal o ; a`4#hac t fied copy of the governi; d e. 1 ion authorizing executi of s Bement) CDesignee L Attest: ,(., �Cu V (Designate offi ial capacity By (Form approved by County Counsel) Dated: Z Microfilmad with board order Of, Contra Costa ;:.0;nt3 Standard Form PAY'cfENT PROVISIONS (CETA Title VI PSE Projects) Number 28 - 716 1. Pavment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. P_v=ent Amounts. Subject to later adjustments in total Payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay- an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FYC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost) , and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for pa;,nent in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made or. County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no leer than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Depart=ent for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in "the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. r Initials: Subgrantee County , ept. 00636 - 1 - I Contra Costa County Standard Form PAYMNT PROVISIONS (CETA Title VI PSE Projects) Number 40 Q � � + 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the ?rogram Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to Day to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee un'--r this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: (Q 4 Subgrantee County Dept. 0063` — 2 — .�1..na ....,;-.nr~ �",'.:.R.. _rk.Yar dS §` i w:.:}n. ^+�.^.'. ,,,s .+".t:7.•a. r..r,.`^-o. ,s 'x,.. *n:ez'%`f�+'4•i ar e-` B Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 8 — 716 16 Number 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, _ including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, iaz the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. b. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to an; required State or Federal approval. b. Administrative :amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written, administrative amendment executed by the Subgrantee and the County Administrator e= his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Cperaci fOc Initials: Su grantee County Pept. I Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) : Number 2 •�f 16 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No [daiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination .of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any worn contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governingbody shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. ' Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. 311 applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be opi%n to examination for any purpose not directly connected with the administration of such program, b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and parte crs of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a -misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified Fersons regardless of age, se_:, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruct* or}`O639 Initials: 4 1 Subgrantee Count} Dept. -2- .r ..n.. .y:, Xe y.. ;., .:. R.. M .,. S.,hY0."lEa ., .4i{C,a.7M1�• 7 ��' .:�� . Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title CI Subgrants) 2 V s 7 l3 6 N:�ber 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 631 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgrantee County Dept. 0()s40 -3- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terns and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed.by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator cr his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. 00641 Initials: A- A 'Subgrantee County ept. -1- 1 SPECIAL CONDITIONS (CETA Title VI PSE Projects) 016 Number'1 - 7 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. Project of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi— tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici— pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials; Subgrantee County Dept. —1— 00642 a SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q Number A V ' 7 16 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed bi County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled `.'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in teras of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2., pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, -and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: Ji) L ubgrantee County JDept. 01)643 -2- i M-4 IM WIMM 7-M-M_".- d SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number2 8 i 6 13. Property Management Requirements. Subgrantee shall comply with applicable _ requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC � 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent. conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Sub grantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a Member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: SWbgranteeOOt44y ept. -3- 1 SPECIAL CONDITIONS (CETA Title VI PSE Projects) R Number — 7 16 li. Davis-Bacon Wage Rates. Subgrantee shall. comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated-Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: SVbgrantee' County Dept. -4- 00645 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 2 8 - 716- 716 J Number Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply w`th Federal Management Circular (alC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Subgrantee' County Pept. 00641 -1- i ASSURANCES A-0 CERTIFICATIONS (CETA Title VI Subgrants) Number 2 8 - 716 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)) . 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). •15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 sim-i_arly engaged are not covered by an applicable workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two week-s of pre-employment training, unless immediate employment opportunities are available is that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and :ill maintain records and provide access to thein as necessary for the Secretary's or the County'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 or County in determining the e:_tent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Subgrantee County pelt. 00647 -2- de,...aiuda_��. .. ..:- �,•�.. Kim:.w.:::_:.^a,r...':.:::-... x...rr:-=•.. _ < .._.:.--..x, .,.'S..:.K:h•z.?:". ,:.:ter,.: ,n:'..W.. .r+-rf%:+C+r .. '.li.•.lc.sti,- ... .... ,_�z"^!r-:r,�".+,.<._ W4 � ,,.. .. ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 716 23. Its program will, to the mnximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)) . 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1) (B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604) . Initials: Subgrantee County:Dept. 001W -3- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 V — 7 1 6 2. To the extent feasible, public service jobs shall be provided in occupational =_e_ds *which are most likely to expand within the public or private sector as the io;�ent rate recedes except where exempt under section 604 of the Act (sections 215(c) (6) and 604) . 3. It will give special consideration in filling transitional public service f_bs to unemployed persons who are the most severely disadvantaged in terms of the length o= they have been unemployed without assistance, but such special consideration sh=_1? not authorize the hiring of any person when any other person is on lay-off from =h= se=e or any substantially equivalent job (section 205(c)(7)). 4. No funds will be used to hire any person to fill a job opening created by t e 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately x.-=i fable (section 205(e) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the �.~= .-ill be complied with (section 205(c) (17)) . 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- =ents at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, urita a view toward removing artificial barriers to public employment of those whom it the purpose of the Act to assist (section 205(c) (18)). 8. adhere appropriate, it will maintain or provide linkages with upgrading and c:aer =. anpower programs for the purpose of: (a) providing those persons employed in ,f.:blic service jobs, who want to pursue work with the employer (Subgrantee) , in the sa=e or similar work, with opportunities to do so and to find permanent, upwardly mobile czarears in that field, and (b) providing those persons so employed, who do not wish to =ursue permanent careers in such field, with opportunities to seek, prepare for, and c5rain work in other fields (sections 205(c)(19) and 604). 9. Its program will, to the maximum extent feasible, contribute to the elim- -ration of articificial barriers to employment and occupational advancement, including c�?ortuni.ties for the disadvantaged (section 205(c)(21)). 10. Not more than one-third of the participants in its program will be employed iz a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable i= the case of participants employed as classroom teachers, and the Secretary may waive t-his limitation in exceptional circumstances (section 205(c) (22)) . 11. Jobs will be allocated equitably within local governments and agencies taimg into account the number of unemployed persons within their jurisdictions and the meds of the agencies (section 205(c) (23)) . 12. Its jobs in each promotional line in no way .infringe upon the promotional o>�ortunities which would otherwise be available to persons currently employed in public se nice jobs not subsidized under the Act, and that no job will be filled in other than a-- entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)) . Initials: Subgrantee County Dept. 00649 -4- I � ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) �i Number 2 v — 7 1 6 13. Jobs are in addition to those that would be funded by the Subgrantee in _ the absence of assistance under the Act (section 205(c) (24)). 14. Persons emploved in public service jobs under this Act shall be paid cages which shall not be lower than whichever is the hijhest 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 exempt under section 13; 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 c:i.th the Davis-Bacon Act, as amended, for participants involved in employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans 'specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title II of the act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: Subgrantee County Dept. 00050 -5- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number 2 V - 7 1 6 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number U) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: Subgrantee County Dept. -I- 00651 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 8 = 7 1 6 Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A. Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii) , (iii), and (iv) above notwithstanding, which would otherwise pertain, Provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: ubgrantee County/Dept. -2- 00652 6 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) �` Number 2 V r • 1 6 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i) , (ii), (iii), and Civ) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)] . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann :filler, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 S. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: S bgrantee County Dept. -3- 00653 i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 2 8 ' 7 16 Number 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). . 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: , Subgrantee Count Dept. -4- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 716 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work—related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Su grantee County Dept. -5- 00655 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 28 - 716 CONTRA COSTA 1. PSE Pro'ect Job Positions. CRISIS AND SUICIDE INTERVENTION SERVICE INC. (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #326 8/27/77- Public Relations/ 8/26/78 Community Education Coordinator 1 12 Secretary Assistant 1 12 Office Scheduler/ Statistician 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: 4� Sub rantee County ept. n i PROJECT BUDGET QQ �+ Number V — `ry 1V , CONTRA COSTA 1. PSE Project Budget. CRISIS AND SUICIDE INTERVENTION SERVICE INC. (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) #326 (1) Participant Wages $ 25,600 (2) Participant Fringe Benefits 2,636 (3) Training -0- (4) Supportive Services -0- (5) Administration 2,258 TOTAL (Project Payment Limit) $ 30,494 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: Subgrantee County ept. 0OF57 Conlra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) f 28 - 727Number 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: CITY OF LAFAYETTE Capacity: A Public Agency Address: 975 Oakland Street, Lafayette, California 94549 3. Term. The effective date of this Agreement is July 1, 1977 and it terminates September 30, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $25,619 • 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Pian and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY .76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By By' Designee Designate of ffi.Aial capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution Bauthorizing execution of this Agreement) Designee Attest: (fliT r Designate official capacity By if (Form approved by County Counsel) Dated: Microfilmsd with board order DO ' Conn's Costa Counts Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Q Plumber 28 - 727 ' 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total paynent to Subgrantee for all services and program activities provided under this Agreezent shall be only for costs that are allowable costs (see Paragraph 3. below) and :re actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total nayrents in accord- ance withthe below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FSC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed. to sufficiently iteaize or document its demands) for payment. b. Cost Report and Settlement. No later than forty-five (45) days following the: termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: _ Subgrantee County Dept. C,�)::,cra Costa County Standard For= PAYiLENT PROVISIONS (CETA Title VI FSE Projects) Number 04081 - 727 . 7. audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required t :: P=og:am Operating Plan. Any certified cost report or audit required by the Prc:-ra=. Operating Plan shall be submitted to County by Subgrantee within such peciod of =e as =ay be expressed by applicable State or Federal regulations, policies or con=_acts, lut in no event later than 18 months from the termination date of thin s—ement. If such audit(s) shoe that the payments made by County pursuant to Paragra- 2. (Payment Amounts) above exceed the allowable costs that have acutalLy been incurred by Subgrantee under this Agreement, including any adjustments mada pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such aueit(s) show that the allowable costs that have actually been incurred by Subgrantee under this agreement exceed the payments made by County pursuant to Paragraph 2. (Pay--eat A--ourts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of,this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount' of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to per=or properly any of its obligations under this Agreement. Initials: - Subgrantee County Pept. - 2 - D D 6 77--3 s Contra Costa County btandazd Fora GENERAL CONDITIONS (CETA Title VI Subgrants) Number 2 O — 7 2 L 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not' limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Go:•err.=ent. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by lay. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a, Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement, This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited CP to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Paynent Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. Initials: Subgrantee County Dept. -1- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 28 - 727 9. Disputes. Disagreements between the County and Subgrantee concerning the =eanina, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreefent is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the te= hereof, this Agreement shall be amended to assure conformance with such Federal. or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Adsinistrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a-corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and Will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. "ondiscrininatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, set, race, religion, color, national origin, or ethnic background, and that acne shall be used, in chole or in part, for religious worship or instruction. Initials: M= ,C. Subgrantee County Dept. -2- -_--_ x,:.....;' "�`.:+�.;Y.'le,s�� '� r-.r.:.-1.. " t .. +i:-.,..:. 2x�sES, . at.. •�. �..:•.,.n' ':'o-J:. at .... rx.. ,., _ __ �, _—,^'�,t.-.:. Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) � — Number2 727 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims.,for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire tern of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, ne-ing the County and its officers and employees as additional insureds, with a ninimua combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of anis Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evideacing the above insurance coverage. 20. _notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is Lade, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any tern of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, i=plication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgrantee County Dept. -3- i SPECIAL CO-NDITIONS (CETA Title VI PSE Projects) Plumber 2 Q V — 7 2 7 1. Compliance With Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VT of the Comprehensive E:t2lo}ment and Training Act of 1973, as amended, including Title 29 of the Code or Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, PIo. 124, Friday, June 25, 1976, Vol. 42, no. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Sub-rant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all tines for inspection by the Subgrantee during regular business Cp hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. lr'o such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective tern of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part-performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: _ Subgrantee County Dept. -1- D o 4s7-7 A � I � i SPECIAL CONDITIOi:S (CETA Title VI PSE Projects) Number 28 - 727 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such docu:=eats, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program resorts, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. S. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFFR Part 60) . Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also cc=ply with requirements established by County and the Department of Labor, Including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environr_ental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the cormunity. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FXC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial =anagement systems in federally-funded activities. Pursuant thereto, Subcrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or' Federal reporting require=ents, b. Effective control over and accountability for all agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. SLl;brantee shall adequately safeguard all Agreement funds, property, and other .-assets and shrill ensure that they are used solely for purposes authorized under this Agreement. Initials: ZAIV L Subgrantee County Dept. -2- �S� O SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q 1'� 1'� Number 2 " � 6 2 6 13. Property Management Requirements. Subgrantee shall comply with applicable requ;=a=eats established by County or the U.S. Department of Labor governing the prccu=c=ent, o;.-eership, use, and disposition of CETA equipment and other personal prc:__zy (including minor equipment costing over $50 per item and unused expendable per=c n=il property with a total inventory value over $500) . Subgrantee shall establish a ccn_=o1 system to ensure adequate safeguards to prevent loss, damage, or theft to prc-eerty, including CETA equipment. FroDerty Records. Subgrantee shall maintain accurate records of any CETA ecu===e-t and other such property procured with CETA funds or otherwise acquired under this =t-=ee.ent in accordance with requirements established by County or the U.S. Depart- rent of T-abor, including Federal Management Circular FfC 74-7, Attachment :T, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- catic= nut- hers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to ronerty. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Condit-ons, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, , = es, and regulations governing the procurement of supplies, equipment, and other r..aterfals and services, and with requirements established by County or the U.S. Department of La-Lcr for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. 11airtain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation acd acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum o-pen and free competition and prevent. conflicts of interest or noncompetitive practices c:hica =ay restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments 1y be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, -(2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Neer:'-e less, in all cases competition shall be obtained to the maximum extent practicable. Subg: n=ee's records of such procurements shall contain justification for subcontractor selec.;ion and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nep--t__ (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not p rLc-n in an administrative capacity or staff position funded under this Agree- =ent if a rerber of his or her irnediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgrantee County Dept. D a6s7-- 9 ..� rN ^a{I! .l'�':'a•....�+s.'J3T-�4d: .. .��sQi'^-�'u _. r - .\ ..�W...�.. �-- .__ - _ n. .. .. - _ _ � ... u. __.. r � .r. SPECIAL CONDITIONS (CETA Title VI PSE Projects) 28 - 727� _ ' l`iuraber :7. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regula-tions _: _' : V. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding p:Lrrient Cl- evailin; ::age rates to all laborers and mechanics employed by Subgrcatee o- any 5�b-:zn=r-*-ct0: In any construction, alteration, or repair, including painting aw! o: projects, buildings or works which are assisted under this Agreeii-nt, =_co:4enc= with the Davis-Bacon Act, as amended. :d. nal Subgrant Closeout. In the event that the program operated by Sub:,:rantee t _s :gree=ent is not funded by County under a new Agreement following ter.:ination Of -.*.-.e iCain Agreement, Subgrantee shall comply with final Subgrant closeout procedures es=:5lished by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination o- .'.:is Agreement, all financial, program, performance, and other reports required by C_ under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, is=:_ri.g =a.:erials and supplies, procured with Subgraat funds or otherwise acquired under this Agreement. i c. This Agreement may be modified to extend the term for up to 60 days to all-: Subgrantee to incur allowable administrative costs during said 60-day closeout �e=iod for the purpose of initiating a final closeout of this Agreement, preparing :he above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such al:caable administrative costs that are actually incurred, but _subject to the Pa:=eat Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The `!ampowe_ Project Office will represent the County in all the program phases of the ::or , but it is not authorized to change any of the terms and conditions of this Agreemment. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, =manor, and evaluate the work being performed under this Agreement. Initials: Subgrantee Cou t Dept. -4- ASSURMICES :D CERTIFICATIONS (CETA Title VI Subgrants) 28 - 727 j Nurber Subject :o the General and Special Conditions, Subgrantee assures and certifies that: A. Gen_=al Assurances. 1. :_ -,,:ill comply with the requirements of the Comprehensive Employment and Training A=t Lf 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839 and P.L. 93-567, 88 Stat. 184-5 an- P.L. 94-444), hereinafter referred to as the Act, and with the regula- tions and policies promulgated thereunder. 2. I. will comply with Federal Management Circular (FDIC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents . under the Act. 3. if the regulations promulgated pursuant to the Act are amended or revised, .it shall comply with then or will notify the County within 30 days after promulgation of the amaad=e-ts or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or si=i.lar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to pro-.--de such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VIZ of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII of that Act no person in the United States snail on the grounds of race, color, sex, or national origin, be excluded from particip=ation in, be denied the benefits of, or be otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treat=nt of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Subgrantee County Dept. -1- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 2 Plumber 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' compensation protection to participants in ca-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 eaployer (Subgrantee' who are covered by a State or industry workers' compensation statute; and provision of workers' compensation insurance or medical and accident insurance for injury or disease resulting from their participation to those individuals engaged in any progran activity under the Act, i.e. , work experience, on-the-job training, public service emplo3ment, classroom training, services to participants, and other activities, where others similarly engaged are not covered by an applicable workers' compensation statute (sections 703(6) and 208(4)). 17. Its program will not result in the displacement of employed wor'Kers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-e=ployment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a)(6)). 20. Institutional skill training and training on the -rob shall only be for occupations in which the Secretary of Labor or the County has determined there is reascnable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the CounLy'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 or Cc•unty in determining the extent to which the program meets the special needs of disc' ant;;ed, chronically unemployed, and low intone persons for meaningful ec?loycent oppertunities (sections 703(12) and 311(c)) . Initials: _ Subgrantee Count;- ept. -2- i ASSUP-A-ECES MN-D CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 727 23. its program will, to the maximum extent feasible, contribute to the occupaticnal development or upward mobility of individual participants (section 703(13)). 2 . Its program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in-service training and technical assistance progrars, and other policies as may be necessary to promote the effecta-.e use of funds (section 703(14)). 25. Its program. makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) at such rates, including periodic increases, as may be deemed reasonable Lader regulations prescribed by the Secretary, but in no event at a rate which is less than the highest of: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minim— gage _ for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons e=ployed in similar occupations by the same employer; or (d) the minimus 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 a=ong other establishsents in the community or area or any minimum rate required by an applicable collective bargaining agreement. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a)(1) (B) and 205(c)(1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USC_A 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection loency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performazce of this agreement has been listed on the EPA List of Violating Facilities; (b) it w-M Totify County, 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 under this Agreement is under consideration to be listed on t;e EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract B. Additional assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide I suff:c_iert prospects for advancement or suitable continued employment by providing corp1(:rcrtar5 training and manpower services designed to: (a) promote the advancement of partir.ipar_ts to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skilln for o:nich there is an anticipated high demand, or (c) provide participants with self-:':va lop_ent skills; except where exempt under the provisions of section 604 of the Act, provided, hecrever, that nothing contained in this paragraph shall be construed to precis:-:e persons or programs for whom the foregoing goals are not feasible or appropriate (sect:'cns 205(c) (4) and 604) . �/� ``i '' Initials: /fl— .M Subgrantee County ept. -3- ASSURANCES A\D CERTIFICATIONS (CETA Title VI Subgrants) Number 7 2 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unesployment rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604). 3. It .ill give special consideration in filling transitional public service jobs to uretployed persons who are the most severely disadvantaged in ter^us of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). S. Due consideration will be given to persons who have participated in manpower training program for whom employment opportunities would not otherwise be immediatel, available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c)(17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification reauire- ments at all levels of e-.ploymeat, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). B. there appropriate, it will maintain or provide linkages with upgrading and other =anpower progrars for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar work, with opportunities to do so and to find permanent, upwardly noble careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the eLt ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies tar_nb into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in each promotional line in no x..-ay infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public service. jobs not subsidized under the Act, and. that no job will be filled in other an en:•i-y level position in each job category until applicable personnel procedures 2-c collective bargaining agreements have been complied with (section 205(c)(24)). Initials: Subgrantee Count; mat. -4- 4'0 X57/1zlz ASSURA4ICES AND CERTIFICATIONS (CETA Title VI Subgrants) N umbar28 - 727 13. J3::3 are in addition to those that would be funded by the Subgrantee. in the absence of assistance under the Act (section 205(c) (24)). 1L. Persons employed in public service jobs under this Act shall be paid wages which s-all not be lower than whichever is the highest of: a. The minimum hourly ,rage set out in section 6(a) (1) of the Fair Labor Sta::Ja=ds Act of 1933, as amended. The only exceptions to section 6(a) (1) are where a p.rtici:)an= is exempt under section 13; b. The State or local minimum wage for the most nearly comparable covered emolo;^ant; 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 co—tzity 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public sen:ice e--•p1oy=ent vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c)(5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Sub grantee*shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a)(2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c)(20)). Initials: Subgrantee County Dept. I _ PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 727 1. PSE Projects Program. Subgrantee shall provide certain administration and s::_ i services to establish and operate a Public Service Employment (FSE) Projects Pra,:am during the term of this Agreement pursuant to Title VI of the Comprehensive ?13vment and Training Act of 1973 (CETA) and County's federally approved CETA Co=prehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Ag_esaent, and in accordance with the Project Job Specifications and Project Budgat w =:h are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications ani Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title Vi, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by ?roject number U-) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgraatee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited. in any manner other than by job listing with EDD, Subgraatee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. ., Initials: ZM Subgrantee County Dept. -1- D PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 - 727 Number Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFEL Subtitle A, Section 99.42 (a)(2)J which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 seeks, was first ineligible for unemployment compensation and then became eligible for and received-unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Subgrantee County ept. -2- d a X -7^-1 7 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 727 (3) In hiring such new participants hereunder, Subgrantee shall allocate rinds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively a d excluding no category entirely. (4) ADplicants must also meet such other eligibility criteria as =a:• be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Rnightsea, Oakley, Pittsburg, Test Pittsburg, Xartinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a. participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)]. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: J Subgrantee County Dept. -3- D O� 5- �a PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) NumberQ y 7 27 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33) , including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advanceseat and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 CP and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgraatee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the nave of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: Subgrantee County Pept. -4- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) R ry �'J' Number 2 " ` 2 • 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) Of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 93.12, and 93.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work—related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee County pt. —5— D PROJECT JOB SPECIFICATIONS (CETA Title oI PSE Projects) 2 Number 2 8 ` 2 7 1. PSE Project Job Positions. CITY OF LAFAYETTE (Subgrantee shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) J145 10/17/77- Walkways Commission 9/30/78 Aide 1 11.5 '148 7/1/77- Enforcement Officer 1 12.0 6/30/78 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Subgrantee Countq pt. i PROJECT BUDGET 9 Number 2 "R •�/ 2 7 1. PSE Project Budget. CITY OF LAFAYETTE (Subgrantee shall conduct its CETA Title VI Public Service Employment PSE Projects under this Agreement in accordance with each Project Budget of allowable program expenditures, as follows: SEPARATE PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #145 10/17/77- . (a) Participant Wages $ 9,600 9/30/78 (b) Participant Fringe Benefits 23%016 (c) Training 500 (d) Supportive Services 200 (e) Administration 120 TOTAL (Project Payment Limit) $ 12,436 (2) #148 7/l/77- (a) Participant Wages 9,600 6/30/78 (b) Participant Fringe Benefits 2,232 (c) Training 250 (d) Supportive Services 1,101 (e) Administration -0- TOTAL (Project Payment Limit) $ 13.183 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by ' Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 1152 of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s) . County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials: Subgrantee County Pept. -1- PROJECT BUDGET Q Humber 28 - 727 2. End-of-Subgrant Settlement. Subject to-: the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost 'Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget' amounts specified above, provided,however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. Separate Project a. PSE Project. Project Term Payment Limits (1) #145 10/17/77 - 9/30/78 $ 12,436 (2) #148 7/1/77 - 6/30/78 13,183 TOTAL (Agreement Payment Limit) $ 25,619 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: Subgrantee County pt. -2- In 3na Socr-A or Suoarlisor i or 28 - 727 Coni a Cos,o, County, Scat- or California Septei-aber 201 , 19 ` 77 In Ithe .'Macer of Aut%Cr_F_inS the !Director, human Resources Agency, to :.xecute Sub-rant Aareeaents with ort -S_vea CETA Title VI PS= Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and Au=gust lo, 1977, certain CETA Title VI PSE Project Subgraatees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgraatee's respective CETA Title VI Project Proposals, as approved by the County ,:anpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 15, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA _ Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the reco=eadation of the Director, Hunan Resources Agency, regarding the need for prompt execution of such Subg-rant Agreeaents with each of the Subgraatees currently- authorized to operate Cain, Title VI PSL Projects in order to maintain project operation3 and co-.r'_iance with federal guidelines, IT IS BY THE BOARD ORDERED that the D_r_;:tor, Human Resources Agency, is AUTHORIZED to execute, on bezalu of the Count„ standard form Subgrant Agreements with the forty-seven ( 7) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office Of the County Counsel, with the effective dates of said Agreecents to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be li=ited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project.-Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard fora Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. I hereby certify that tha foregoing is a true and correct copy of an order entered on the rninules of scid Board of SuperAsors on the data aforesaid. Ori g: . Humam'P.esources Agency Witness my'hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisor cc: County Administrator a£rixad fl-is7� !;day of September 19 77 County Auditor-Controller County :daapo•aer Project J. R. OLSSON, Clark Director Subgrantees sy��1.�-� ,--cl L, Deputy Clerk T Jeanne n. `tac1-i•o RJ P:do H .24 3!76 !Sm D (tNWwlmwat to 9/20/77 Board Orclar) pale 1 of 4, C;I:I;A TT1'1,1• VT 1'UIII.TC 41MVI0,11. M-111LOYMENT 111to-T1.{','i' 91.1MCRANT ACREI'M1.14T S1'V'CTVT•CK1'Tt)hS CIIART • • •h•+Y+++•YM••x Y4x4•�.s+♦YM�•y YYY.h•Y•xxw•.y .Y4•♦•♦+4.Y•Y♦•+x.M.•••w••..w•.... •.4+•+Mr .+.• •x• •+• •. .+•+.4+. • ...h ♦ .••w•+• • , . ,4•...•• . .•.+ (J.nc:l•udes 111:0jec:t.4 cuttilt)l•l.�.0'd I`at. 1,11110.witwit.aLl.uit 1.11 June lard Attetml:, I, New PSR Subr,r.anrees . MAXIMUM 12-MONTH PROJECT 2d.1:1I;•ll�al S'E�}St:t?i:;'I' htrl:l:l::i'.;:i'i SUL'CR,NNTEE. PROJECT NU14BER NIUMBRR OF JOBS PAYMENT LIMIT YAY1411?:N'!' 1.7.1.1111 1. Contra Costa Legal Services Foundation, 307 3 $ 31,362 $ 31,367. Inc. 2. 11ome 11caith and Counseling; Services, Inc, 310 3 1.99704 311' 2 201494 40,19E ' 3. City of Pinola 312 3 40,810 I 313 2 26,917 314 1 13,025 315 , 1 13,025 316 1 11, 750 105,527 ' 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 3048 3 31,612 305 5 50,074 124,372 5. Neighborhond Clouse of North Richmond, Inc. 309 7 7 6,24 7 76,247 6. Los Mad;xnos Community Hospital District 322 4 431584 1,3,584 7. Alnmcda-Contra Costa Council of ' Camp Fire Girls, Inc. 321 3 301989 30,989 8, I~nV.i Raccarch Institute, Inc, 327 5 58130Z 328 7 85,302 143,684 9. Pinola Vami.ly YMCA 300 4 38,980 30,9S0 10. Contra Costa Community College District 318 6 60,450 p 319 5 46,512 . 106,962• 11, Carquinez Coalition, Inc. 303 4 49,196 308B 3 44,963 94 ,159 1 12. Phoenix Programa', Inc. 329 7 681946 681w.C' J3 13. lzaw llorizann Cantor,, lna, 323 3 32,762 32,762 14. Contra Costa Children's Council 331 3 33,1.52 33 ,1;''2 + .L.i:ts,.� ►tit t.+� '11• r ,tr,f ttri� r 'Age • �. of MAXIMUM 1241ONT11 PROJECT 1AX l?t'' ! t z �.i�f lrf itlii'f' tl!.ii f'� �ij' .f • ' SEtiti:itAN't'1:1 I'1tOJE.C111 NUI.111ER NUI-1011111 01. .]alt;; PAYMI-341' J,'1Ml:t:..�._..... _ ......._!:" .''_._+;'. ".'�._�.._... .... . � 15. Social Advocates for Youth-Diablo Valley 333 7 $ 66,917 C.L"917 � 16. Contra Costa Criniu and Suicide Intervention 326 3 30,494 30,494 17. Last County Resource Center, "Inc. 33.7 3 37,706 37,706 18. International Institute of Alameda County 334 4 37 ,322 37 3-22 19. Mt. Diablo YMCA 301 5 43,776 43,776 , 20. Region IX American Indian Council, Inc. 323 . '7 84,448 84,448 i 21. Linton Business College, Inc. 320 3 23,872 23,872 j 22. Nusicnl Arts of West Contra Costa County, Ines 330 3 32,778 32,778 ,urmnt FSE: Subgrantees I. City of Antioch 169 3 42,000 170 6 78,416 171 3 111,3.05 172 1 12,400 173,923. i 2. City of Brentwood 1.73 3 32,087 3. City of Concord 174 6 821000 ' 175 7 95,760 176 4 51+1720 177 7 95,760 178 6 820080 179. 7 • 95,760 180 6 82,080 162 6 82,080 d 103 6 82,084 u20 SOt► 184 5 68,400 ' 4. City of Cl Cerrito 107 2 24,847 108 6 701774 t 1.09 2 21,346 3.10 7 8511.69 +� 111 1 14,051 140 3 32,113 .�,.t 5.) 144 1 10,7ii .. ,015 5. City of Lafayctta 145 1 12,436 140 .1 131183 25,619 4 t MAXIMUM ,t t v tt is "' t..,, t. .t s.,{ ,,..{•• Sl►!{C�liAt�'I'la'. 11ROJITI, Nl�PtAER NUPIl4lat tit'' Joll;, !',1YP}l:NT 1.1t41.l' » _ .. _ 1'it' �ss ,. ( !'•'•t ' . . 6. C tty of Mart tllez 3.85 3 42,400 ' 1A511 2 186 3. 14,204 187 1 12,600 e31 ,007 7. City Pittsburg 152 2 26,872 153 3 43-,417 154 3 36,691 , 155 1 13,140 156 7 107,015' ' 157 2 29,182 324,545 158 5 68,228 . 8. Pleasant dill Recreation and Parlt District 134 t. 1 11,3.67 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch unified School District 116 4 57 ,107 117 4 57 ;107 136 2 26,954 137 1 11,632 • 138 4 56,712 209,512 11, Brentwood Union School District 150 4 50,584 151 3 34 ,614 85,198 12. Dyron Union School District 162 1 14,200 14 ,'200 13. John Swett Unified School District 103 6 68, 000 103B 7 76,384 144,384 1.4. knightsen School District 104 1 12,81.9 12,839 d15. Lafayette School District 105 3 39,200 105B 4 56,034 " 106 7 95,234 190,463 16. Liborty Union School District 143 7 94,767 1 188 1 12,052 106,519 f t (iiCL';►C1►n•►:nr: l'.0 ��:U�17 ttu;►r�l Ur�l� r) --- Page v; r F!A;;IIu.!hl 1;'• hln�Pi'u � �ur.t1•�••r rr;,�• ,�,,,,., , r,,.,.,. ,,:•r ;, :;.,., ,.� ..� ':IrI;r.It,1M'I'I'I: I'ItU.iI;C'I' MI,►IIIt1.lt WU 111 (Ile . . .. ...,.._.. .... ...... . ... . ..�..�;�c. ..a� 11111 iAYtn-1!'r LIMIT • . �,,,,;, ..i�rir 17. mareinc:r. Unifla svitooi nixtr.fc't. .146 'i n (17.1000 14631 2 2.91050 ill 0 8 ya 18. Mor.•tl a Sclt'.103. Ulatrict 3.02 7. 23,475 ].o2n 5 591004 ► ,�,7') 19. Flt. Diablo Unified School District ll0 1r 561328 119 5 50,931 120 6 66,215 u 122 3 27,946 123 4 50,673 124 6 601936 1125 4 45l8.46 126 G 68,936 127 G 66,215 - 120 4 56,320 129 4 441044 130 4 519711 131 4 44,027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 159D 3 401700 160 4 53,196 161 7 90,200 236, 887 , 21, Pittsbura Unified School District 149 3 36,302 149D 4 51,550 87, 940 22. Richmond Unified School District: 112 6 63,302 k 113 6 651664 114 � G 651664 1.15 1 3 35 731, 230,361 23. San Ramon Valley Unified School District 142 1 121224 12,224 11 24, Rousing Authority"of the County of Contr4 Coot4 141 6 061623 86 V62)3 c' 25. State of California 190 3 31.1754 ' 191 2 20,303 193 5 521M ' 194 1 10,506 115,162 Y Z i �( BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYET= tt ! IN THE MATTER OF: i Approving a Subgrant Modification ) ► Agreement for CETA Title VI ) RESOLUTION NO. 4-78 ! "Projects" Funds ) f� The City Council of the C_ty of Lafayette, Califc--nia f RESOLVES: f 1. That this City, a Public Agency duly constituted and existing under the laws of the State of, California, is ii participating in the federally funded Title VI "Projects" i €� Public Service Employment Program, pursuant to the Comprehensive t Employment and Training Act of 1973, as subgrantee to Contra Costa County, a prime grantee. 2. That Subgrant Agreement No. 28-727 with the County ,r of Contra Costa for Title VI "Projects" Comprehensive Employment ( and Training Act (CETA) funds, for the term from July 1, 1977 t !� through September 30, 1978, a copy of which is attached hereto, i i is approved. . 3. That the Mayor and City Clerk are hereby directed to execute said Agreement on behalf of the City; and to execute s �! f { any bonds or other documents required in connection therewith. i it PASSED AND ADOPTED by the City Council of the City of Lafayette on January 16, 1978 by the following vote: ss i �► - AYES: Councilmen Langlois, Roche, . Tuttle and Wasson _= and Mavor Robinson. t t NOES: None. i � } ABSENT: None_ ; t 7 ;i {; rix?OR i , Attest: ` i� i CITY CLERK i� Certified, as a True Copv i' - GI_ERK QF GiTY _ L'.AY£TTE. GnLiFONrvr• �a�-4 7 meq �n >>�a Board or Z)v ..rilsor� of CorraCosta County, Srai4,, or California September 20 19 :"7 r In she hiot'er of Autho:izing the Director, Human Resources Agency, to Execute Sub-rant A�reecents with Forty--Se-iea CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion o€ Sub-rant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Asreemants with each of the Subgrantees currently authorized to operate GEiA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Sub-rant Agreements with the forty-seven (471) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agree=ent Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1975, for operation of CE24 Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977 . 1 hereby certify that the foregoing is a true and correct copy of an order entered on !ns minutas of scid Board of Superiisors on the data aforesaid. Ori g• . Human'Resources Agency Witness my hand and the Seal of She Board of Attn: Contracts & Grants Unit Supervisors cc: County Adainistrator affixed this Znt`;day of Seutember , 19 77.7 County Auditor-Controller County Manpower Project J. R. OLSSOV, Clerk Director Subgrantees 3y 04.,-X_ .�� L= `r==��f. .• Deputy Clerk Jeann-e n. 'Iacl� 00658 RJP:do H-24"3/76 15.n (Aft;tchmunr to 9/20/77 horrid order) • t;� G u. Cl,"I'A VT VUHLTC ,Sl?ItVTCF EX111,OYMEN'r 1.'Kt1,Tt:(Yt' .;U1W-1(AN`t' AGiti;l?rU?N'1' 5V1-.CTFT.CA'1'10N8 CIIART " 6.11C1.11dwi 111'0ject:t autlujrived for hi Jtcnc tied AtiguaLl I.M) I. New t'SE Subt*rantecs WIMUM 12-MONTH PROJECT M.AXIrtUM SUilCKA111T ;Cl�la?IILa'! SUL'CP%ANTT:1s PROJECT NUMBER NUMBER OF JOBS PAYMENT LIMIT PAYrti:N1' t,Ttdl'T 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31,362 Inc. 2. Home health and Counseling Services, Inc. 310 3 19j704 3111 2 20,494 40,198 3. City of Pinole 312 3 40,810 313 2 26,917 CC7 314 1 13,025 315 , 1 13,025 G, 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304B 3 31,632 305 5 50,074 124,372 5. Neighborhood House of North Richmond, Inc. 309 7 76,247 761247 6. Los Medanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp Fire Girls, Inc. 321 3 30=989 301989 8, L•'nki Research Institute, Inc, 327 5 58,382 328 7 85,302 143,684 9. Pinola Family YMCA 300 4 38 ,980 38,930 10, Contra Costa Community College District 318 6 60,450 319 5 46,512 106,962 11, Cnrquinez Coalition, Inc. 308 4 49,196 308B 3 44,963 94 ,159 12. Phoenix Programn', Inc. 329 7 68,946 68 ,946 13, New Horizons Center,- Inc. 325 3 32,762 32,762 14. Contra Costa Children's Council 331 3 33 ,152 33,152 �1+tG�IC itfl.4'.U1. l U 7 J.•v/ I I oijilI 11 M Ciel c. MAXIMUM 12-AtnNT11 NZOJEC'1' t•rA?:IMMI :;ul:c;r.,�►;'r Ac!faa,tt�.ar- S11110RANITF: 11ROJI01 NUM IER N1114111.1t 01. JOBS PAYMENT 'JAMI'1' 15. Social Advocates for Youth-Diablo Valley 333 7 $ 66,917 $ GG,911 16. Contra Costa crisis and Suicide Intervention 326 3 30,494 30,4911 17. rant County Resource Center, Inc. 31.7 3 37,706 37,706 18. International Institute of Alameda County 334 4 37 ,32.2 37 ,322 19. Mt. Diablo YMCA 301 5 43,776 43,776 20. Region IX American Indian Council, Inc. 323 , 7 84,648 84,448 21. Linton Business College, Inc. 320 3 23,872 23,872 22, tiusical Arts of West Contra Costa County, Inc. 330 3 32,778 32,775 � Current PSC Subgrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 32,087 3. City of Concord 1.74 6 829000 175 7 95,760 176 4 54 ,720 177 7 95,760 178 G 82,080 179. 7 95,760 180 G 82,080 182 6 821080 183 G 82,080 .820,800 184 5 68,400 4. City of Bl Cerrito 107 2 24,847 108 6 70,774 109 2 21,346 1.3.0 7 8511.69 ill 1 1.4,051 1110 3 32,113 144 1 10,715 259,015 5. City of Lafayette 145 1 12,436 • 1118 1 13,183 251619 \t.l.l.Il ltiil ll l �It I/• + ( J f 11ll;ll ll V l ll lly J Iii{Iat ,I t>> `+ MAXIMUM 3.2-Momn PItOJF:c7' Mnxr.t•IUM SUtsc:ItAN't' SUBC1tAN'1'Ct: PRoir-r' NUMBER NUMB EIR OF Jolts PAYMENT LIMIT 6. City or Martino. 3.85 3 421400 185B 2 270803 186 1. 141204 187 1 12,600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43'1417 154 3 36,691 155 1 13,140 156 7 107,015' 157 2 29,182 324,545 158 5 68,228 8. Pleasant hill Recreation and Park District 134 } 1 11,167 � 135 1 11,685 22,852 9. City of Walnut Creed, 165 1 13,039 166 3 39,420 167 1 13,039 65,49E 10. Antioch Unified School District 116 4 57,107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11. Brentwood Union School District 150 t, 50,584 151 3 34 ,614 ` 65,196 12. Byron Union School District 162 1 14,200 14 ,200 13. John Swett Unified School District 103 6 68,000 103E 7 761384 1441384 3.4. Knightsen School District 104 1 12j819 12,839 15. Lafayette School District 105 3 39,200 105B 4 56,034 106 7 951234 190,468 16. Liberty Union School District 143 7 94,767 188 1 12,052 106,819 (A`etaclueent to 4/20/77 Board Order) lla1,e 4 of ?, � ,+ MAXIMUM 12-MONT11 Pr'.OJI:CT M&MM-1 SUBGRANT AGRE.E;•fEN'P' SUBGRANTEE. PROJECT NUMBER NUMBER Or, JOBS PAYMENT LIMIT PAYIII: ,T LIMIT 17. Martinez Unified' School District 146 5 $ 62;000 146D 2 25,058 91,058 18. Mloraga School District 102 2 23,475 10211 5 59,004 82,&79 19. Mt, biablo Unified School District 118 4 56,328 119 5 58,'981 120 6 66,215 i 122 3 27,946 123 50►;673 124 6 68,936 � 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 441027 132 4 35,359 741,539 20, Oakley Union School District 159 4 52,703 159B 3 40,788 160 4 5313.96 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36,382 149B 4 51,558 87 ,940 22. Richmond Unified School District 112 6 631302 113 6 651664 114 6 651664 115 3 351731 230,363. 23. San Ramon Valley Unified School District 142 1 12,224 12,224 24. !lousing Authority'of the County of Contra Costa 141 6 861623 861623 25. State of California 190 3 311754 191. 2 20,303 193 5 52,599 194 1 10,506 115,162 PgNTRA COSTA CRISIS AND SUICIDE INTERVENTION CENTER 939 t:s L_n.e 939 3,2321 December 20, 1977 0 Contra Costa County Manpower Program C.E.T.A. Programs 2401-D Stanwell Drive Concord, CA 94520 Attn: Lee Gaines To Whom It May Concern: Contra Costa Crisis and Suicide Intervention Service, a duly con- stituted, non-profit, voluntary human service agency, tax-exempt under the laws of the State of California, approves agreement #28-716 with Contra Costa County (Manpower Program) to conduct a C.E.T.A. project (n326) for the period August 27, 1977, through August 26, 1978. Virginia Semrau, President of the Board of Trustees, is duly authorized to sign this agreement and all contracts with the County. Virginia Semrau, President Board of Trustees VS:lm 00663 A U;htett Way rkt '7,:l Contra Costa County J Standard Form D UBGRANT AGREEMENT — (C Title VI PSE Projects) �C 71977 28 � t4 - Number 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: SACT RAMON VALLEY UNIFIED SCHOOL DISTRICT Capacity: Public Agency Address: 699 Old Orchard Drive, Danville, California 94526 3. Term. The effective date of this Agreement is July 5, 1977 and it terminates July 4, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 12.224 . 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By By Designee 1 �2EG'r'0k.. o:- e...ASS�s=QED c,e5oti.�.�EC.. Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution authorizing execution of this Agreement) L S_.,� ; Attest: ` C, Y Designat6 official capacity) 7' •' Y J ,,9 hly �i0R:P11551Cy .r- ,. .`. f '.I y B .✓ /�, �/'� E _ f.��i� D ? (Form approved by County Counsel) Dated: 9.r.7 Microfilmed with board order 00664 I 'Contra Costa County Standard Fora FAY:M-NT PROVISIONS (CETA Title ZTI PSE Projects) 28 - 745 8 _ 7 45 Number 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by Cour-ty, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: L. 7,) Subgrantee County Pept. oo665' - 1 - ' ,Contra Costa County Standard Form PA121 IT PR0VISIONS (CETA Title VI PSE Projects) vie Number 28 - 7413 f 7. audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: Subgrantee County Dept. d QU6sf5p - 2 - 6 Cghtra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) �_ Number 2 Q V s 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, . State and local laws and regulations applicable with respect to its performance hereunder, _ including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. codifications and Amendments. a. General .lmendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. nv Initials: Subgrantee County Dept. «. ..w „r,rS..a'- .. . .... ,.:4'.�-..:-e.. _..'.. _F t._'f V -x. ,!t'"'-..• eau '::h.�-'�-«yrt.+�,:� k...... ti»�'- .sk7 .. .�. :.,� ,�a^t+,,.u+a zz WAIN Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) _ 7 4 5 Number 2 "Q 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this agreement shall be subject to final _ determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or em?loyee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting 'confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the ad=-Lnistration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intewticnally disclosing such information other than as authorized by law may be guilty of a 7isdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all serrvwices and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instructicr_. oussa Initials: Subgrantee Couat: Rcpt. -2- Contra Costa County Standard Fora GENERAL CONDITIONS (CETA Title VI Subgrants) 28 - 745 Number 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for da-ages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned auto=obiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective daze of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to tate County shall be addressed to the head of the County Department for which this agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights- or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgrantee County Dept. 00669 SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q Number- 28 - 745 ' 1. Co oliance with Federal Requirements. Subgrantee shall comply with all =_-ral ra-ulations, guidelines, bulletins, and circulars applicable to Title V[ of -a Comprehensive Employment and Training Act of 1973, as amended, including Title 29 e. :He Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published t':e :ederal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, :_esday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in tae County. ?. Status of Participants. Program participants, including employees hired by S_bgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and d=tails by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of t'is Agreement (including all applicable statutes, regulations, guidelines, bulletins, a=d circulars), County may deduct the amount of such unauthorized or illegal expeadi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program parti.ci.- p=n:, including Subgraatee's staff, or to expend less during the effective term of t i3 -eement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments _de for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of -funds made by the County to the U. S. Department of Labor at the request of that Debar went's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. Tae Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as s?ecified in General Conditions, Paragraph 5. (Termination), subject to the follow-;--g: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee h-as been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days a=te- the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. C. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c. , shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Subgrantee County Dept. -l- 006'io SPECI_AL CONDITIONS (CETA Title vI PSE Projects) t /� :;umber 2 V ` `t 3 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall cowpile, compute, and provide to County all such statistics, program reports, and records as :-ay be required by County. Said documents, accounts, st:at_stics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin i`29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to. the U.S. Department of Labor and the Regional Office of the Environment Protection Agency. 11. Program :management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. 'Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. :Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2., pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: Sub grante ()b-C-41 ty Pept. -2- SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q Number 2 y — 7 "/� fit 5 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500) . Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the Ceneral Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circu_ar FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent, conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A. Section 95.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. �12 Initials: Subgrantee County dept. -3- SPECIAL CONDITIONS (CETA Title VI PSE Projects) � � _ Number 5 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Tabor (29 CFR Subtitle A, Section 98.29) regarding p3;•;nent of prevailing wage rates to all laborers and mechanics employed by Subgrantee or :lay subcontractor in aay construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Sub;;rantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Subgrantee County Dept. -4- 006'73 PIT.-�.:... 7, ^:.F':^ II -- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Q Number 2 8 7 4 5 Subject to tate General and Special Conditions, Subgrantee assures and certifies th_t. A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Tra'ai:i� Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839 and P.L. 93-567, 88 Stat-. 1343 and P.L. 94-444) , hereinafter referred to as the Act, and with the regilla- tiens and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation o= orograns, and the maintenance of records, books, accounts, and other documents unczr the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of he amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subzraatee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person i_-eatified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(x) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.I. 83-352) , and in accordance with Titles VI and VII of that Act no person in the Vni:ed States shall on the grounds of race, color, sex, or national origin, be excluded frc= Darticipation in, be denied the benefits of, or be otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding Unzludino this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide emplo:yent, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. f 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Subgrantee County Dept. 006'74 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) �+ Number 2 " �t— 74:3 t + 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)) . 17. Its 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 the work that would otherwise be performed (section 703(7)) . 18_ Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)) . 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)) . 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the Counry'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 or County in determining the extent to which the preoram meets the special reeds of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Subgrantee Count}' Dept. -2- ,_ w m. ;Y,.. ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 8 - 7 4.1 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)) . 24. Its 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)) . 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)) . 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal (dater Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-6- elopment skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604) . rt Initials: 2Jt Subgrantee County Dept. 00 976 -3- I n��. �':�. :' ...,r}x.,x'>.y.s""`.+� :;�.�_r*.:z7 .�_w�. v,.,�>, ...�'•rt.;�:-,. .� ��'`-:s.d_ >.,._., +.-a . � ... .,..mak . -, ... _.'�1;...-.w ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) - Number 2 8 — 7 4 5 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployient rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604). 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of tine length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c) (7)). 4. 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)) . S. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)) . 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, with a view toward removing artificial barriers to public employment of those whom it is the purpose of the Act to assist (section 20(c) (18)). 8. td'nere appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a) (1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)) . 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)). Initials: Subgrantee County Dept. 006'77 -4- ASSUR_AIVCES AND CERTIFICATIONS (CETA Title VI Subgrants) Numbe x - 745 13, .labs are in addition to those that would be funded by the Subgrantee in _ the absence of assistance under the Act (section 205(c) (24)). 1 ?ersons employed in public service jobs under this Act shall be paid wages which s--=11 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 Stancards Act o 1938, as amended. The only exceptions to section 6(a) (1) are where a part_c_pa^t is exempt under section 13; b. The State or local minimum wage for the most nearly comparable covered employ-ent; 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 cor�urity 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 employment covered by the Mavis-Bacon Act. 15_ Special consideration shall be given to 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 application. Subgraazee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Speci_iz effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public se=vize employ=ent vacancies under Title VI, except those to which former employees are beim' recalled, =ust be listed with the State employment service at least 48 hours (exclud=nom Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, to employment service may refer those veterans specified above. If suffizient n=ers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred af=er the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide infor-ation on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (sect-on 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. l_ Only persons residing within the geographic area which is prescribed for eli3ibili=-7 under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under li=1e VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title Ii of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: Subgrantee County Dept. 006'N -5- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number L7 7 4.5 ' 1. PSE Projects Program. Subgrantee shall provide certain administration and - staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s) . Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (t) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee' s deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. - Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. L Initials: L Subgrantee County ,+'Dept. -I- t.1 w PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 98 - 745 Number Subgrantee must obtain written verification of eligibility from the County's Manpower _ Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)J which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii), (iii) , and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. 7 Initials: Su grantee County Dept. -2- QVUVO .n Yi' ,A„ r4�. r Y.,iG;Fa �A4x- 4t -€,4 :« 'a ti'K{.�,..�..�:5��•".�.� r*-.. `N?'�...rx+".w.h`«kd Y h.?{a.._.� %. ......ten•..-....,.ar'.,.. tib. ... __ n.. �.- � _ ,r. w n 7.n•'i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 1+� A r Number 8 — ` `�.) (3) In hiring such new participants hereunder, Subgrantee shall . allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i) , (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English—speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub— stantial unemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor— porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non—selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)] . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401—D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: -'^-' _ 14 Subgrantee County ept. —3— ©0681 i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number2 g - 7 4 5 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections '96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would other-wise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: Subgrantee County Dept. -4- 00682 i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number V — 7 `n �5 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: AJAJ Subgrantee County Dept. -5- 00683 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 8 — 7 4 5 - 1. PSE Project Job Positions. SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT (Subgrantee) shall hire and employ CETA-eligible participants in appropriate FSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #142 7/5/77- Grounds Worker 7/4/78 Trainee 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therP for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Subgrantee County Dept. r 00681 PROJECT BUDGET Number2 8 '7 4 5 1. PSE Project Budget. SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) #142 (1) Participant Wages $ 8,823 (2) Participant Fringe Benefits 2,471 (3) Training 252 (4) Supportive Services -0- (5) Administration 678 TOTAL (Project Payment Limit) $ 12,224 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later E than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and- manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed-in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobl:igation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: Subgrantee County Pept. 00681 Conga Costa County Standard Form • SUBGRANT AGREEMENT (CETA Title VI PSE Projects) A Number 2 Q" 7 `#1 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee Ml- DIABLO UNIFIED SCHOOL DISTRICT Capacity: •A Public Agency Address: 1936 Carlotta Drive, Concord, California 94519 3. Term. The effective date of this Agreement is July 12, 1977 and it terminates September 29, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $741,539 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY _76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE &/w sy s Designee (Deslignatii official ca acity in pu lic Recommended by Human Resources Agency agency or corporation and affix C corporation seal or attach a certified � � copy of the governing body resolution 3y , authorizing execution- of this Agreement) Designee Attest: OFFr"A` Si' Designate official capacity 1At:i T A. CLARKE ,.. CONTRA COSTA Co My fammssrnn Fap:res Srptraher IS,i?LI By (_orm approved by County Counsel) Dated: �/d' T � Microfilmed with board order _, -.,-:- { +i'".�t'SSi�"S .'.4.. ..._ z_ .. ...,_ _ .... �' _ ... ..-..,...,. "r;»'a .. .tr _ _ a. .. ., _ '«,a,r .... - °,s'C�"E••�'tu'�6 ��.� ;'• ¢ `-''�µw s d Comm ra Costa County Standard Form PALYMMEN.T PROVISIONS (CETA Title vi PSE Projects) Number 8 741 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in exzsss of the total amount specified in the Payment Limit of this Agreement. Subject to :*-a Pay-ment Limit, it is the intent of the parties hereto that the total paycent to Subgrantee for all services and program activities provided under this Agreement S.-Ill be only for costs that are allowable costs (see Paragraph 3. below) and rre a=;ally incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- an:=- with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an a=-,*zr.t equal to Subgrantee's allowable costs that are actually incurred each month, bu= subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are dat-erm&ned in accordance with General Services Administration Federal Management Circular PXC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other doct-ments (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating CD Plan, and b. Standards for determining the allowability of selected items of costs 0s providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee snail submit said demands for payment for services and program activities no later th-an 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the Couaty Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee Veen, in the opinion of the County expressed in writing to the Subgrantee, (a) the Sulagrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the for- required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments :ode by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to' the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Pay-mart A-mounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials:4, 1, 6 SM antee County Dept. i Cantra Costa County Standard Form PAY-%r--HT PROVISIONS (CETA Title VI PSE Projects) Number 2 8 - '7 41 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required b-: the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as .wy be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acuta-_y been incurred by Subgrantee under this Agreement, including auy.adjustments nada pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agreas to pay to County within 30 days of demand by County any such excess amount. If such audits) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Pay-ent Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: IA PJ*FanteW— Coudt34,. Dept. - 2 - .3 Co:tra Costa County Standard Form • ` GENERAL CONDITIONS (CETA Title VI Subgrants) A — y 1 Number �( 1. Co=oliance with Law. Subgrantee shall be subject to and comply with all Federal, and local laws and regulations applicable with respect to its performance hereunder,. : but not limited to, licensing, employment and purchasing practices; and wages, :_:s and conditions of employment. ?. Inspection. Subgrantee's performance, place of business and records pertaining :: =^:s :gree=ent are subject to monitoring, inspection, review and audit by authorized =_-=asentatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized _===_serratives of the County, the State of California, and United States Government, � a :;:*bgrantee's regular business records and such additional records pertaining to this =aunt as =ay be required by the County. A. Retention of Records. The Subgrantee and County agree to retain all documents e=ra=ming to this Agreement for three years from the date of submission of Subgrantee's al payment demand or final cost report (whichever is later) under this Agreement, and ==il all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. #n request, Subgrantee shall make these records available to authorized representatives of --ble County, the State of California, and United States Government. 5. Ter=ination. a. Written Notice. This Agreement may be terminated by either party, at their s=_e discretion, upon thirty-day advance written notice thereof to the other, or ca=celled mediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may this Agreement should the Subgrantee fail to perform properly any of its c'_igations hereunder. In the event of such termination, the County may proceed with *_= war_t in any reasonable manner it chooses. The cost to the County of completing S %3rentee's performance shall be deducted from any sum due the Subgrantee under this . c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event Federal, State, or other non-County funding for this Agreement ceases, this Agreement is ter,..inated without notice. 5. Entire Agreement. This Agreement contains all the terms and conditions agreed Hca by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. I. Further Specifications for Operating Procedures. Detailed specifications of o=erating procedures and budgets required by this Agreement, including, but not limited :o, =onitoring, auditing, billing, or regulatory changes, may be developed and set _'c=.i in a written Informal Agreement entered between the Subgrantee and the County. S_ri Informal Agreements shall be designated as such and shall not be amendments to t:-s ASreenent except to the extent that they further detail or clarify that which is a:=eady required hereunder. Such Informal Agreements may not enlarge in any manner t scope of this Agreement, including any sums of money to be paid the Subgrantee as =:::_ded herein. Informal Agreements may be approved and signed by the head of the Department for which this •.--•:-: P Agreement is made or his designee. 8. :modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a __. ::2n document executed by the Subgrantee and the Contra Costa County Board of ::=cz-risors or, after Board approval, by its designee, subject to any required State =--ral approval. b. Adrinistrative Amendments. Subject to the Payment Limit, the Payment and the Program Operating Plan may be amended by a written administrative a=-.. =ent executed by the Subgrantee and the County Administrator or his designee, subject anY required State or Federal approval, provided that such administrative amendments not materially change the Payment Provisions or the Program Operating Plan. Initials: jA -!- ` •bgrantee County Dept. I Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number28 - 741_ _ _ _ 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final dete.—..ination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. IBJ. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and cen-ctrued in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the tera hereof, this Agreement shall be amended to assure conformance with such Federal or Sate requirements. 12. 'No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the recsirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 15. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agree=ent, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be o:en to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disc'_csed, any list of persons receiving services, except as may be required in the ad"inistration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law tray be guilty of a misdemeanor. 17. "'ondiscriminatory Services. Subgrantee agrees that all services and program acti:,itics under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that rcne shall be used, in whole or in part, for religious worship or instruction. , Initials: grantee County Dept. 4 a • Contra Costa County Standard Forex GENERAL CO`:DITIONS (CETA Title 1.11 Subgrants) Number 2 8 — 7 41 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims. for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, neglisent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, narind the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is Lade, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: bgrantee County ept. i t r SPECIAL CONDITIONS (CETA Title VI PSE Projects) dumber 2 V - 7 41 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title V1 of the Comprehensive Employment and- Training Act of 1973, as amended, including Title 29 of the Coale of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as pt:5:ished in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday Play 13, 1977; as may be revisad and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Sub-rant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement_, shall be available at all times for inspection by the Subgrantee during regular busireas hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgraatee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal CD year. No such action taken by County shall entitle the Subgrantee to reduce program. operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expand less during the effective ter. of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments . made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. CP The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part- performance under this AgreeMent, allowing the remainder of the Agreement to continue in force. C. Termination because of cessation of funding, as* specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee.. Initials: St r antee Count Dept. -1- o �� 7 SPECIAL CONDITIONS (CETA Title FI PSE Projects) 28 - '741 Number 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such docu.-e:,ts, records, and accounts as may be required by the County or the Federal statutes, reg,—Dations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age 1, 11 be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affi—r-at ive Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.`Equal Employment Opportunity," as a-mended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 C~11, Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the imple=entation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Enviroz:ental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgra-+tee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. ProSraj *management Requirements. Subgrantee shall establish and =aintaia internal prcgram management procedures for the effective administration of its public service employ=ent program hereunder, including provision to: a. P_`onitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial t:aracement systems in federally-fended activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or' Federal reporting requirements, b. Effective control over and accountability for all agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subbrantee shall adequately safeguard all Agreement funds, property, and other assets and shall en!:u:e that they are used solely for purposes authorized under this Agreement. 1 Initials: o antee County/Dept. SPECLIL COYDITIONS (CETA Title VI PSE Projects) number 28 - 741 13. Proaerty Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, o:.-rership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per iters and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FDIC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation nu=hers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procure=ents with CETA funds, including Federal Management Circular RIC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent. conflicts of interest or noncompetitive practices which =ay restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgr:antee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 C:R Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any perLon in an administrative capacity or staff position funded under this Agree- ment if a r..c::ber of his or her irmediate family is already employed in an administrative capacity by Subgrantee. Initials: 1 b rantee County Dept. xt:PS:..: _34....14:�.•w��^S}-�e......r+i�+.yC:9., cs _ _ . •_a.w.:ez. ,w.. .. � . .,• -. .. -- Y - .._.w.+1ly,r.� . , ... .,•... .s. r... �`r ��'. . y SPECIAL CONDITIONS (CET1 Title VI PSE Projects) Q �r i Number 28 - 741 — 4 41 17. Davis-Bacon Mare Rates. Subgrantee shall comply With applicable regulations S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding pa,ment _:_jaili:*g wage rates to all laborers and mechanics employed by Subgrantee or any ;_%._:, trade. in any construction, alteration, or repair, including painting a.•: of projects, buildings or works which are assisted under this Agreretsz-nt, _.. =w_o_dance with the Davis-Bacon Act, as amended. =a. Final Subgrant Closeout. In the event that the program operated by SuL;;rantee ::n _r this Agreement is not funded by County under a new Agreement following tenAnation. of :he rithin Agreement, Subgrantee shall comply, with final Subgrant closeout p.=cedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termimtion a° =his Agreement, all financial, program, performance, and other reports requirad by under this Agreement. b. Subgrantee shall account for all CETA equipmentand other such property, materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparin„ the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee p+u suaat to Paragraph 4. (Payment Demands) of the Payment Provisions for such allocable administrative costs that are actually incurred, but subject to the Pa.::-_a= Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Man. uowzr Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the as=k, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this ngreeneat. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Jbiranteg County Dapt« -4- ASSL'DUNCES AND CERTIFICATION'S (CETA Title VI Suhgrants) QQ , Number 2 O - f 4 1 _sect to the General and Special Conditions, Subgrantee assures and certifies General Assurances. I_ will—co.-21y with the requirements of the Comprehensive Employment and ct o= 1973 META), as amended (P.L. 93-203, 87 Stat. 839 and P.L. 93-567, 88 ?E=5 and P.L. 94-444), hereinafter referred to as the Act, and with the regula- s =:: palicies prorulgated thereunder. 2. It :ill comply with Federal Management Circular (FMC) 74-4 and 74-7, as z' --se circulars relate to activities such as the utilization of funds, the operation C= =_cgra-, and the maintenance of records, books, accounts, and other documents =s__ =_a dict. 3. I_ the regulations promulgated pursuant to the Act are amended or revised, _= s��= comply with them or will notify the County within 30 days after promulgation .:_ the end==nts or revisions that it cannot so conform, so that the County may take __. ===:iate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, =ie^ or s=i.lar action has been duly adopted or passed as an official act of the I::;-a--:e='s governing body, authorizing the execution of this Agreement, including all and assurances contained herein, and directing and authorizing the person _—====ied as the official representative of the Subgrantee to execute this Agreement a=%' Lo vrovide such additional information as may be required (sections 102(a); 7:1(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (3.'s. E3-352) , and in accordance with Titles VI and VII of that Act no person in the sates shall on the grounds of race, color, sex, or national origin, be excluded =_:= p==_cipation in, be denied the benefits of, or be otherwise sub j ected to discrimi- ra-==on Lder any program or activity for which the Subgrantee receives Federal funding this Agreement), and the Subgrantee will immediately take any measures y_L_ssary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) Y_ohiti=g e--ployaent discrimination where: a. The primary purpose of an activity under this Agreement is to provide E=p1 o7--at, or b. Discriminatory employment practices will result in unequal treatcumt of pe=soms Zhao are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the :v_ :=11 discriminate with respect to any program participant or any applicant for ps=ticipa=ion in such program because of race, creed, color, national origin, sex, age, pz:izical affiliation or beliefs (sections 703(1) and 712). S. It will comply with the requirements of the provisions of the Uniform Re-ota:ioa Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which p=cv_des for fair and equitable treatment of persons displaced as a result of Federal =e_erally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the p_ :ical activity of employees. 10. It will comply with the requirement that no program under the Act shall ve political activities (section 710 and 703(2)). Initials: ! I` bgrantee Count Dept. ASSURANCES AND CERTIFICATIONS (CETA Title V! Subgrants) M+� Number 28 - 741 11. 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 whoa they have family, business, or other ties (section 702(a)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). : 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)) . 14. appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' compensation protection to participants in on-the-job training, work experience, or public service employment programs under the Act at the sa-me level and to the same extent as other employees of the employer (Subgrantee; who are covered by a State or industry workers' compensation statute; and provision of workers' 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, oa-the-job training, public service employment, classroom training, services to participants, and other activities, Vnere others similarly enjaged are not covered by an applicable corkers' compensation statute (sections 703(6) and 2080)). - 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employcent opportune ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a)(6)). 20. Institutional skill training and training on the Job shall only be for occurations in which the Secretary of Labor or the County has determined there is reasonable e.-.pectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the CounL,,'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 or County in determining the extent to which the program meets the special needs of disr6vuitt:;ed, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . ,%A vw., Initials: rantee Count./Dept. ASSMA-11 CES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 741 23. Its program will, to the maximzt= extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its program has adequate administrative and accounti.ng- controls, personnel standards, evaluation procedures, availability of in-service training and technical assistance progrars, and other policies as may be necessary to promote the effective use of funds (section 703(14)) . 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum ::age for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (d) the mI entrance rate for inexperienced workers in the same occupation in the establishment or, if the occupation is neer 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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee -(sections 105(a) (1)(B) and 205(c)(1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. , 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the gerrornance of this agreement has been listed on the EPA List of Violating Facilities; (b) it x. 11 notify County, prior to award, of. the receipt of any communication from the Director, Office of Federal.Activities, U.S. Environmental Protection. Agency, indicating that a faci?ity to be utilized under this ngreenent is under consideration to be listed on th.e EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing coop?r:mcntary training and manpower services designed to: (a) promote the advancement of part.28'•.ipants to e=ployment or training opportunities suitable to the individuals involved, wheti,ur in the public or private sector of the economy, (b) provide participants uith skill:: for v-hich there is an anticipated high demand, or (c) provide participants with self-_'i:valopment skills; except where exempt under the provisions of section 604 cL the Act, r-ovided, however, that nothing contained in this paragraph shall be construed to precli:•: ' persons or programs for whom the foregoing goals are not feasible or appropriate (sect�crs 205(c) (4) and 604). Inicials:� grantee County Dept. -3- ASSUR?%CES A.D CERTIFICATIONS (CETA Title VI Subgrants) A Number 2 V — 7 `#1 2. To the extent feasible, public service jobs shall be provided in occspat=oval `_elds which are most likely to expand within the public or private sector as the une=710_—ent rate recedes except where exempt under section 604 of the Act (sections 205(c) (0) and 504) . 3. It will give special consideration in filling transitional public service jobs zo une-.�.ployed persons who are the most severely disadvantaged in terms of the length of ti=e they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-oft from the same or any substantially equivalent job (section 205(c)(7)). 4. 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 creased by hiring an employee to be supported under the Act (section 205(c)(8)). 5. Due consideration will be given to persons who have participated in ttnpoc:er tra ino programs for whom employment opportunities would not otherwise be immediatal5 available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification reau{re- =ants at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, with a view toward removing artificial barriers to public employment of those whom it is t'--.e purpose of the Act to assist (section 205(c) (18)). 8. there appropriate, it will maintain or provide linkages with upgrading and other anpouer programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar work, with opportunities to do so and to find permanent, upwardly noble careers in that field, and (b) providing those persons so employed, who do not wish to pursue permanent careers in such field, w-i.th opportunities to seek, prepare for, and obta4--i work in other fields (sections 205(c) (19) and 604). 9. Its program will, to the maximum extent feasible, contribute to the elm imation of articificial barriers to employment and occupational advancement, includi opportunities for the disadvantaged (section 205(c)(21)). 10. Not more than one-third of the participants in its program will be eaplo-,;-ed in a bora fide professional capacity (as such term is used in section 13(a)(1) of the Fair labor Standards Act of 1938) , except that this paragraph shall not be applicable is tha case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies tak_n; into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in each promotional line in no tray infringe upon the promotional oppo=:::nities which would otherwise be available to persons currently employed in pubic servic.! jobs not subsidized under the Act, and that no job will be filled in other t as an :' y level position in each job category until applicable personnel procedure- ac co-11- rive bargaining agreements have been complied with (section 205(c) (24)). Initials: S bbrantee Count, Lep... ASSURANCES AVD CERTIFICATIONS (CETA Tile <<I Subgrants) 28 - 741 1'� /� Number 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. Persons a=ploJed in public service jobs and-2r this Act shall be paid :cages which seal_ not be lower than whichever is the highest of: a. The minimum dourly wage set out in section 6(a) (1) of the Fair Labar Standards Act of 1938, as amended. The only exceptions to section 6(a) (1) are whe:=.: a participan: is exempt under section 13; b. The State or local minimum wage for the most nearly comparable covered . employ--ent; 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 establish ant, the prevailing entrance rate for the occupation among other establishments in the co=t:-iity 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all pulallic, service employment vacancies under Title VI, except those to which former eEaplo::ees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c)(5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program obj actives. Subgrantee•shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). t1 Initials: ,( rantee County ept. -5- i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 741 :. PS= Projects Program. Subgrantee shall provide certain administration and uta_.: services to establish and operate a Public Service Employment (PSE) Projects ?rugr2= during the term of this Agreement pursuant to Title VI of the Comprehensive =�lo:,=enc and Training Act of 1973 (CETA) and County's federally approved CET: C:-Dranensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant g:ae=ent, and in accordance with the Project Job Specifications and Project Budget .- :�. are attached hereto and incorporated herein by reference. 2. Subgrantea's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project nc=ber 0) in the Project Job Specifications and Project Budget and as ameaded and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hi.inc- by Subgrantee, program participants must reside within the geographi- boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eli°ibility and Hiring of Title VI Project Participants. All CET4 partici- pants •.ho are selected and hired by Subgrantee to fill Title VI PSE project job positions ander this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State E=plor*ent Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration b:- S b=- antee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgraatee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in kiting of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is '.ti=ed by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- =ent, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, S�bgrantee shall establish their eligibility by submitting the applicants' names to Countv's Manpower Project Office for verification of eligibility for participation. Initials: { LS�bgrantee County Dept. -1- mss-//1 a PROG11WH OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 741 . Subgrantee :oust obtain written verification of eligibility from the County's Manpower Pro-act Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain tie necessary written verification from County no later than 60 days following the ,a:e that the applicant is hired by Subgrantee; in such cases, participants who are _ound to be ineligible shall be terminated from participation hereunder imaediately by Subgrantee aad Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Sob Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 SFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii) , and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: bgrantee County Dept. -2- • PROGRA4 OPERATING PLAN (CETA Title VI PSE Projects) 28 - 741 Ajy� — 7 4 1 Number `�)+ (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligibly persons specified in Subparagraphs 4.c.(l)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition o: the population of unemployed eligible persons, serving no one category exclusiv=ly and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantialunemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (uaiacor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgraatee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)]. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 S. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: S bgrantee County Papt. -3- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 2 Number "- 8 _ 741 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to weet public service needs which would not have otherwise been met and to implement new public services; b. Subarantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement_ and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials- `► -4- ougrantee Count Dept. PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 - 741 Number 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Previsions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work—related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials• Qbg�r—antee County Dept. —5— PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 28 - 741 1. PSE Project Job Positions. MT. DIABLO UNIFIED SCHOOL DISTRICT (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. project Term Job Titles Positions (Man-Months) :118 9/30/77- Maintenance Worker 4 48 9/29/78 #119 9/12/77- Library Clerk 5 60 9/11/78 r120 9/30/77- Instructional Aide I 6 72 9/29/78 x122 8/1/77- Instructional Aide I 3 36 7/31/78 x123 9/30/77- Instructional Aide II 4 48 9/29/78 #124 9/30/77- Instructional Aide I 6 72 9/29/78 #125 9/30/77- Instructional Aide I 4 48 9/29/78 7126 9/30/77- Instructional Aide I 6 72 9/29/78 Initials: S grantee County Dept. -1- 41 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 28 - 741 Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) :127 9/30/77- Instructional Aide I 6 72 9/29/78 -1128 9/30/77- Maintenance Worker 4 48 9/29/78 -1129 7/26/77- Custodian Trainee 4 48 7/25/78 #130 9/30/77- Custodian Trainee 4 48 9/29/78 `131 9/20/77- Instructional Aide I 4 48 9/19/78 #132 7/12/77- Instructional Aide I 4 48 7/11/78 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Sd rantee County P ept. -2- OoL�S-2-:9— PROJECT BUDGET Number 28 - 741 1. PSE Project Budget. MT. D UM UNrFIF.D -grHnnT. QrSTRTCT (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projectr� under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #118 9/30/77- (a) Participant Wages $ 39,984 9/29/78 (b) Participant Fringe Benefits 13,994 (c) Training 500 (d) Supportive Services 450 (e) Administration 1,400 TOTAL (Project Payment Limit) $ 56,328 (2) #119 9/12/77- (a) Participant Wages 42,060 9/11/78 (b) Participant Fringe Benefits 14,721 (c) Training 1,000 (d) Supportive Services 600 (e) Administration 600 TOTAL (Project Payment Limit) $ 58,981 (3) #120 9/30/77- (a) Participant Wages 47,196 9/29/78 (b) Participant Fringe Benefits 16,519 (c) Training 1,000 (d) Supportive Services 700 (e) Administration 800 TOTAL (Project Payment Limit) $ 66,215 (4) #122 8/1/77- (a) Participant Wages $ 19,764 7/31/78 (b) Participant Fringe Benefits 6,818 (c) Training 367 (d) Supportive Services 452 (e) Administration 545 TOTAL (Project Payment Limit) $ 27,946 Initials: bgrantee County Dept. -1- I 4m ,AKx� d. „ __'*' aiikE"^s+.. � 4 .5,.>•.�^+Sc.e- 't+-ffis:';.+.i.. ......T...w efFa:.R� t. F:. __ _. .. ,.f"1 f.'�!.- _ � �'1 Mme?. >; - ..< ...•. .. .;... .,- _,:. ,.+c ._ •,.._ Lh' , PROJECT BUDGET Number 2 "R _ 7 4�]" 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (5) #123 9/30/77- (a) Participant Wages $ 36,202 9/29/78 (b) Participant Fringe Benefits 12,671 (c) Training 500 (d) Supportive Services 500 (e) Administration 800 TOTAL (Project Payment Limit) $ 50,673 (6) #124 9/30/77- (a) Participant Wages $ 49,212 9/29/78 (b) Participant Fringe Benefits 17,224 (c) Training 1,000 (d) Supportive Services 700 (e) Administration 800 TOTAL (Project Payment Limit) $ 68,936 (7) #125 9/30/77- (a) Participant Wages 32,808 9/29/78 (b) Participant Fringe Benefits 11,482 (c) Training 500 (d) Supportive Services 450 (e) Administration 600 TOTAL (Project Payment Limit) $ 45,840 (8) #126 9/30/77-. (a) Participant Wages $ 49,212 9/29178 (b) Participant Fringe Benefits 17,224 (c) Training 1,000 (d) Supportive Services 700 (e) Administration 800 TOTAL (Project Payment Limit) $ 68,936 Initials: bgrantee County Dept. -2- PROJECT BUDGET Number 28 - 741 12-MONTH PROJECT BUDGETS a. Project Term Cost Categories (Federal Funds) (9) #127 9/30/77- (a) Participant Wages $ 47,196 9/29/78 (b) Participant Fringe Benefits 16,519 (c) Training 1,000 M Supportive Services 700 (e) Administration Boo TOTAL (Project Payment Limit) $ 66,215 (10) #128 9/30/77- (a) Participant Wages 39,984 9/29/78 (b) Participant Fringe Benefits 13,994 (c) Training 500 (d) Supportive Services 450 (e) Administration 1,400 TOTAL (Project Payment Limit) 56,328 (11) #129 7/26/77- (a) Participant Wages 32,352 7/25/78 (b) Participant Fringe Benefits 10,030 (c) Training 400 M Supportive services 462 (e) Administration 800 TOTAL (Project Payment Limit) $ 44,044 (12) #130 9/30/77- (a) Participant Wages $ 37,008 9/29/78 (b) Participant Fringe Benefits 12,953 (c) Training 500 (d) Supportive Services 450 (e) Administration 800 TOTAL (Project Payment Limit) 51,711 r. Initials: Sqbgrantee County Dept. -3- PROJECT BUDGET Number 28 - 741 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (13) #131 9/20/77- (a) Participant Wages $ 31,464 9/19/78 (b) Participant Fringe Benefits 11,013 (c) Training 500 (d) Supportive Services 450 (e) Administration 600 TOTAL (Project Payment Limit) $ 44,027 (14) #132 7/12/77- (a) Participant Wages $ 24,949 7/11/78 (b) Participant Fringe Benefits 8,576 (c) Training 580 (d) Supportive Services 512 (e) Administration 742 TOTAL (Project Payment Limit) $ 35,359 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify , planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials: l l grantee County Dept. -4- ti PROJECT BUDGET Number 28 - 741 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph -6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. a. PSE Project. Project Term Payment Limits (1) #118 9/30/77-9/29/78 $ 56,328 (2) #119 9/12/77-9/11/78 58,981 (3) #120 9/30/77-9/29/78 66,215 (4) #122 8/1/77-7/31/78 27,946 (5) #123 9/30/77-9/29/78 50,673 (6) #124 9/30/77-9/29/78 68,936 (7) #125 9/30/77-9/29/78 45,840 (8) #126 9/30/77-9/29/78 68,936 (9) #127 9/30/77-9/29/78 66,215 (10) #128 9/30/77-9/29/78 56,328 (11) #129 7/26/77-7/25/78 44,044 (12) #130 9/30/77-9/29/78 51,711 (13) #131 9/20/77-9/19/78 44,027 (14) #132 7/12/77-7/11/78 35,359 TOTAL (Agreement Payment Limit) $ 741,539 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: bgrantee County/Dept. -5- �a9- 7 or 28 - '741 mon;:a Cosec Cou,_,.�, , 5,. t_ or Col lrorma Septel7doer 20 17 77 la Nie h1ci.:er of . utho=_z_n:-, the Director, Human Resources Agency, to Execute Subg=a::_ %gree`ents with rorty-Se-:ei CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 15, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project sroposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 15, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to malke initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- vents wit: each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the reed for prompt execution of such Subgrant Agreements with each of the Subgrantees currently-authorized to operate CLIA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Dir__for, Human Resources Agency, is AUTHORIZED to execute, on behalf" of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VT_ Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard fora Subgrant Agreement by the Office of the Couaty Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a•PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. he.rzby certify that tha foregaing is a true and correct copy of an order entered on tuts minuses of scid Board of Supervisors on the dais aforesaid. . Ori g: . Hum. aa-Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Crants Unit Supervisors cc: County administrator a,. xad This_2Drday of September 19 77 County Auditor-Controller County t•fanpower Project Director J. R. OLSSOv, Clark Subgrantees gy n�.-� ,�-v ' "�'%�.-moi,... Deputy Clerk Jeanne 0. '1ag1'i o RJ P:dg I . 24;,-� 1%., DoGmss. ! t,,\llt►t'lu►u ►11 l'n !)/7.11/l i hunrcl l!rclur) r°ayp l of q f MOM '1'111.; VT 11U111+TC R1MUCIt PROJECT 9111WRANT A(I1M-,11.M1U4T S111?CTVT•CN1'T0N�, CIIAR'I' hides,I'1:uJtcty twtl►url.xatl•�I:u1:~,lanl►l.c:u►unt:al:l.uti.Ln. J~�i��. �. _ .+. _" . . . T , Naw PSE Subrrnntees MAXIMUM 17.-MONTH PROJECT MAXTMUM Slli;C'-'A!:l' „Maa::•1;::;'17 ' SUL'CRAN TrE PROJECT NMBER NUMB M., OF JOBS PAYMENT LIMIT Y;►Y'11:::'!' LIMIT 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31 ,362 if} Inc. I, 2. Home Health and Counseling Services, Inc. 310 3 19,704 311+ 2 20,494 40,198 3. City of Pinole 312 3 409810 ; 313 2 260917 314 1 13)025 a 315 1 13,025 316 1 11,750 105 ,527 y; 4. United Council of Spanish Speaking Orp,nnizat•ions, Inc. 304 4 42,686 304B 3 31,612 305 5 50,074 124,3712 + 5. Veighborhood House of North Richmond, Inc. 309 7 76,247 7612447 6. Los Mednnos Community Hospital District 322 4 431584 43,584; 7. Alameda-Contra Costa Council of Camp Fire Cirls, Inc. 321 3 301989 3019S9 8. Lnki Research Institute, Inc, 327 5 581382 328 7 85,302 143,664 9. Pinole family YMCA 300 4 38 ,980 38,9;0 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 . 106,96.2 . 11. Carquinez Coalition, Inc. 308 4 49,196. 3088 3 44s963 94,159 12. Phoenix Programa', Inc. 329 7 68,946 63194.6 13. New Horizons Centcr,• Inc. 325 3 32,762 32,762 14. Contra Costa Children's Council 331 3 33 ,152 33 ,152 FUR .3 r.. t.�e ,i, ,.+,'t;.. •t:l l ! J l � . r +•,•.tt ++ +St+1 •t } Qage f oFy , MAXIMUM 7.2-vowni 1'uc1Jrmv MA?.i?!t'!! "Ulit'ItANTH l t_'ItU,)1.(,1 NtJi•Illi;.lt tNtU•ilsiat 01� .]pH;, i,AYhllaf'I'�l;I!•!I'i' �� .��,.... . . ....;:.. .:.._....._ _.._.... . 15. Social Advocates for Youth--Diablo Valley 333 7 $ 66,91 7 C. 17 16. Cotana Costa Cri-au and Suicide Intervention 326 3 301494 30,494 17. Mv;t County Reoource Center, Inc. 37.7 3 37,706 31;1706 10. 7nternationnl Institute of Alameda County 334 4 37 ,322 1% ,:)-n 19. Ott. Diablo Y%C,1 301. 5 43,776 43,776 20. Region I1 American Indian Council, Inc. 323 , 7 8/1,111i8 f;'; ,40 21. Linton Business College, Inc. 320 3 23,872 23,!,7 22. ttusical Arts of dent Contra Costa County, Inc, 330 3 32,778 32,773 .urrent PSE Subcrintees 1. City of Antioch 1.69 3 42,000 170 6 7 8,416 171 3 1111105 172 1 121400 173,921, 2. City of Brentwood 173 3 32,087 3'»1CS7 3. City of Concord 174 6 82,080 175 7 . 95$760 176 4 54,720 1.77 7 95,760 1.78 6 52,080 179. 7 95,7 60 180 6 62,080 182 6 82,080 183 6 82,080 320,500 181 5 68,400 4. City of El Cerrito 1.07 2 24,647 O 108 6 701774 101 2 21,346 1.10 7 85,169 69 \'1 ill 1 1.4,051 140 3 3211p Ut 144 1 101715 0 5. City of LaCayetto 145 1 12,436 1/18 1 131183 25,619 MAXIMUM 11-1-nh"I'il titlltf:ltAl;'t't:t: 1'31{},li;C't' NllMltl;tt hlt3FtiSt:lt t11� ,tt}il;t t'R1'1•Ii;i•!`I' i,l:ti't' {'i'�:�+ ',• i "� '� w ..r.w•wr+.rrrrrw.w wnw.r.,.w.r++.+rrwr...rw.•w.. r.• ww+�.raw.rr w......•wr�.w rtiww r+w..4............rw....�. r ...... ... .. ..• .. . . ... •.... 6. el ty of Mavt ltlez 3.85 3 111,100 3!!111 l 186 3. 187 1 121600 (#1 ,007 ' 7. City Pittsburg 152 2 26,872 153 3 43'1417 154 3 36,691 155 , 1 13,1110 156 7 107,015' 157 2 29,182 324,545 158 5 681228 8, Pleasant bill Recreation and Park District 134 !• 1 11,3.67 135 1 111681 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 1.3,039 65,1+38 10. Antioch Unifies! School District 116 4 57 ,107 117 4 57 ,107 136 2 26,954 3.37 1 11)632 138 4 56,712 209,512 11. Brentwood Union School District 150 4 50,584 1.51 3 3111614 F5,198 12, Byron Union School District 162 1 14,200 14 ,200 13, John Swett Unified School District 103 6 68,000 103E 7 761384 144,384 14. Kniahtsen School District 104 1 12;819 12,53 9 15. Lafayette School District 105 3 39,200 105B 11 5 610311 106 7 951234 19t~,1�ti X116, Liberty Union School District 143 7 911,767 188 1 12 1052 106,319 (f:v.Lachwe"L to 100/77 Board Ordcr) Paee q of A 1IA r•tf i syr, r , . .r . 'JA}r 11'p1Al .S.J.--1'IC111'111 1 1\i�}.I1'(.I i'tll?.l i1i..r' .'r' • ..t..i 1lf•,.. . ... .. ';1tI.C.HVI'I'I:I: 11ROJI.Cr NUl'I111-.1 HUM11I:1t Olt JOBS PAl'1.11'NT LII'fl:'I' 17. Martinez Uta is :i000l nixtrice 62,000 14611 ?. 7C� ,U5t3 {tI ,t7:�t3 18. Mor.7sra School. District 7.02 2 23,475 102D 5 59 ,004 ic't 19. Mt. Diablo Unified School District 1l8 /t 561328 1l9 5 58,961 " 120 6 66,215 122 3 27,946 '123 4 50,:673 124 6 68,936 ,125 . 4 45,840 126 6 68,936 127 6 66,215 128 4 56,320 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,539 20, Oakley Union School District 159 4 52,703 159B 3 40,788 160 4 53,196 161 7 90,200 236,$57 21. Pittsburg; Unified School District 149 3 36,382 149D 4 51,558 8719"0 22, Richctond Unified School District 112 6 631302 113 r 6 651664 114 6 651664 115 3 351,731 230,361 d' 23. San Ramon Valley Unified School District 142 1 12,224 121224 24. 11ousins Authority"of the County of Contra Coots 141 6 861623 8616. 3 25. State of California 190 3 31.1754 �1 191 2 201303 W 193 5 521599 ' 194 1 10,506 115,162 �.. 1 ...`':.,y,�- __-..::�. 'c w.k.....,...rviT�.;.:+,. ;..t. �E.� ,JS•„xr, .:.o-. ar ..-.;..,+vaw.. .s. ,. f lk GOVERNING BODY RESOLUTION Mt. Diablo Unified School District RESOLVED, that MT. DIABLO UNIFIED SCHOOL DISTRICT, a public agency duly constituted and existing under the laws of the State of California, approves Agreement No. 28-741 with the County of Contra Costa for the term from July 12, 1977 through September 29, 1978, for CETA VI Public Service Employment Projects and that JOSEPH B. CRAWFORD, Assistant Superintendent of Mt. Diablo Unified School District, is authorized and directed to sign said agreement on behalf of this public agency and to execute any bonds and/or documents required in connection therewith. CERTIFICATE OF SECRETARY I, JAMES M. SLEZAR, do hereby certify that I am the duly elected, qualified, and acting secretary of Mt. Diablo Unified School District, that the foregoing is a full, true, and correct copy of a resolution duly adopted by the Board of Education of said public agency on January 10, 1978, and that said resolution is now in full force and effect. I declare under penalty of perjury that the matters set forth on the foregoing certificate are true and correct. Executed at Concord, California on January 10, 1978. (SeV"ary's Signa e) SEAL 117/2 i In i 1"lz Board o; STuper/isors of 28 - 745 Congo Costa County, 5Mta, of California - September 20 . 19 77 i �{Cli..r o f In �+�.. YI I ..•• ri Authorizing the Director, Human Resources S-eacy, to Execute Subgrant Agreements with Forty-Set.ea CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 19 77, and August lb, 1977, certain CETA Title VI PSE Project Subgrantees to begia hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 15, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to m--'C-.e initial sub-rant payments to certain CETA Title VT ?SE Project Subgraatees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant igreeceats with each of the Subgrantees currently authorized to operate CETA Title VI FSE Projects in order to maintain project operation: and complian_e with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Hucan Resources Agency, is AUTHORIZED to execute, on behalf of the Cou_.ty, standard form Subgrant Agreements with the forty-seven C47) CETA Title :'I PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Off-ice of the County Counsel, with the effective dates of said Agreements to be between Ju--e 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977 . I hereby certify that the foregoing is a true and correct cony of an order entered on the minutes of scid Board of Super.,isars on the data aforesaid. Orig: Hunan'Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this_ ,L;day of Senterlber , 19 77 County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director Subgrantees By Dtpu;y Clerk Jeanne 0. 'iagr_O/ RJP:do 00685 H-24 W4 15m (Aecncluuunt• to 9/20/77 11oard Order) � aigv L o + rETA '1'1'1'1,R VI NU111.TC 81:MCE. fi141.2LOYMENil 11110.71:{:r ISMIGMANT ACREMENT 'it.'1: PT.CA;,I'TONS_CHART (Includes 1'r�oJcct:� ttutht�t-l.�cc1 for ,Impl.ementit Lion -In Jttne :tad Augmut, 1.977) I, New 1'S1: SuUrr:ttttecs: MAXIMUM 12-MONTII PROJIsCT MAXIMUM SUBGRAN SUL'CRAN'ah PROJECT NUMBER NUMBER OF JOBS PAYMENT LIMIT PAYMENT LTHI`l' 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31 ,362 Inc. 2. llome Ilcalth and Counselin(; Services, Inc. 310 3 19,704 311' 2 20,494 40,198 CX) � 3. City of Pinole 312 3 40,810 Q 313 2 26,917 314 1 13,025 315 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc, 304 4 42,686 304B 3 31,612 305 5 501074 124 ,372 5. Neighborhood House of North Richmond, Inc. 309 7 76,247 76,247 6. Los Medanos Community Hospital District 322 4 43?584 43,584 7. Alameda-•Contra Costa Council of Camp Fire Girls , Inc. 321 3 301989 301989 8. I:nki Research Institute, Inc, 327 5 58,382 � 328 7 85,302 143,684 9. Pinole Fnmil.y YMCA 300 4 38,980 38,930 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 . 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 308E 3 44,963 94,159 12. Phoenix Programs', Inc, 329 7 68,946 68,946 13. New Horizons Center,• Inc, 325 3 32,762 32,162 14 , Contra Costa Children' 152 33 ,152 s Council 331 3 33 , to r. tl�L 4a: 111L1U{ t t1 J/�u1 I IUU.1I it UL'Q t MAXIMUM 12-•whrm Pitt).1i:C'J• MA2:11iLN `01',CIZANI'P Sti11GRAN•fla. PROJECT NUMMIR NUMBER OF .lO)M PAYMiiP1'i' IAM1T i'AYX-V T !.!,•!:'i' .` AM 15. Soc:lal. Advucntes for Youth-•--Diablo VnIl"ey 333 7 $ 66,917 66,9L7 16. Contr.n Costa Critsi.tt and Suicide Intervention 326 3 30,494 30,494 17, East CoLinty ltessource Center, 1'nc. 31"7 3 37,706 57,706 Iia. 7nternattonal institute of Alameda County 334 4 37 ,37.2 37 ,:1::? 19. Mt. Diablo YMCA 301 5 43,776 43,776 CX) 20. Region IS American Indian Council, Inc. 323 7 84,448 ti4 ,11G8 21. Linton Business College, Inc. 320 3 23,872 23,872 22, t►usical Arts of best Contra Costa County, Inc, 330 3 32,778 32,775 Current PSI; Subgrantees 1. City of Antioch 169 3 42,000 170 6 780416 171 3 41, 105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 32,037 3, City of Concord 174 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 178 6 82,080 179, 7 950760 180 6 82,080 182 6 82,080 183 6 82,080 .820,800 1811 5 68,1100 4. Cipy of C1 Cerrito 107 2 24,847 108 6 70;77A 109 2 211346 r 1.1.0 7 85,1.69 lit 1. 1.41051 140 3 32,113 1.44 1 10,715 259'015 z 5. City of Lafayette 145 1 12,436 ilia 1 13,183 25,619 a s . 4 '} �._.. ....._..� ♦ .. t „ „ir.Xt It XJ.U1:1. X ' MAXTRUM 3.2-MONTII IMOJEC`lX \11MI111l•I SUI;(:i%AN'1' AGIZE11-';ENT SIMGItANTEI.,, moinCC NUmpim NUNIIHM OF JOBS PAYMENT LIMIT PA1'I11:.I•:i' 6. City of Martinaz 3.85 3 42,400 18513 2 27,803 186 3. 14,204 187 1 12,600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43'1417 154 3 36,691 { 155 1 13,140 p 156 7 107,015 p 157 2 29,182 324,545 158 5 68,228 8. Pleasant Hill Recreation and Park District 134 i 1 11,167 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 130039 65,498 10, Antioch Unified School District 116 4 57 ,107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11, Brentwood Union School District 150 4 50,584 151 3 341614 85,198 12. Byron Union School District 162 1 14,200 14 )200 13. John Swett Unified School District 103 6 68000 103B 7 761384 1441384 1.4. Knightsen School District 104 1 12,819 12,839 ' 15. Lafayette School District 1.05 3 39,200 105D 4 560034 106 7 951234 190,/68 16. Liberty Union School District 143 7 94,767 188 1 121052 106,819 , F c 9� 2 9 i Wttachwent to 9/=10/77 board Under) 4 biA::T1t�3�t 3.7-MOITI'll 1'l t).11-C'1' 2.1AXTt.i .-I SU?,'t:I%A"1'P AGt.t:1141' "t' . SU!.GRr12t'2'1?2: PROJECT NUMBER NUMBER OF JOBS PAY1.11- T t.,T1•t'l"I' 17. Martinez Unified School District 146 5 $ 62,000 146B 2 290058 91 ,058 18. Moraga School District 102 2 23,475 102D 5 59,004 82 ,479 19. Mt. Diablo Unified School District 118 4 56,328 C' 119 5 58,981 120 6 66,215 Q 122 3 27,946 123 4 50,_673 124 6 68,936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 441027 132 4 35,359 141 ,539 20, Oakley Union School District 159 4 521703 159E 3 40,788 160 4 53,196 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36,382 149B 4 51,558 87,940 22, Richmond Unified School District: 112 6 631302 113 6 651664 114 6 651664 1.15 3 351,731 230,361 23. San Ramon Valley Unified School. Distlict1142 1 121224 12,224 24. 11ousing Authority'of the County of Contr4 CootA 141 6 861623 861623 25. State of California 190 3 33.1754 19J. 2 201303 193 5 521599 194 1 3.0,506 1151162 i I t SAN RAMON VALLEY UNMED SC1100L DISTRICT w Resolution Number 55/77-78 RESOLVED, that San Ramon Valley Unif ied School District, a Public Agency duly constituted and existing under the laws of the State of California, approves Agreement #28-745 with the County of Contra Costa for the term from July 5, 1977, through July 4, 1978, for C.E.T.A.VI PSE Projects and that Douglas Douglas, Director Classified Personnel of San Ramon.Valley Unified School District, is authorized and directed to sign said Agreement on behalf of this public agency and to execute any bonds or other documents required in connection therewith. CERTIFICATE OF CITY CLERK OR SECRETARY I, Allan J. Petersdorf, do hereby certify that I am the duly elected, qualified-and acting Secretary of San Ramon Valley Unified School District, that the foregoing is a full, true, and correct copy of a resolution duly adopted by the Board of Education of said Public Agency on December 12, 1977, and that said resolution is now in full force and effect. I declare under penalty of -perjury that the matters set forth in the foregoing certificate are true and correct. Executed at Danville, California, on December 16, 1977, �.. =.�--�✓.:zip`---.�. AFFIX yyyy, ._ .vu�:— {{.•x �y ww , A �t rc S;IL SJiLiBL�/ Rr ' c�;± i,, t spat AND S►Zi"UN T4 BF-rcRE mF SEAL T11iS ' —��--- L'�l' 0�•,'i 19Z HERE ��y^rpayy�� :::ioo Et::�,., ..::u io. ioZi .� LiQI4R't tl➢ r uE tfp#!p ___.... .na'�Re�`•'o3rV'��'!eZttzti7iYiNci�sY 5-0776-35 00691 i Contra Costa County Standard Form .. SUBGRANT AGREEMENT (CETA Title VI PSE Projects) 28 - 743 8 — 7 4 Number ice)' 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee•. PITTSBURG UNIFIED SCHOOL DISTRICT Capacity: Public Agency Address: 2000 Railroad Avenue, Pittsburg, California 94565 3. Term. The effective date of this Agreement is Julv 21, 1977 and it terminates September 28, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 87,940 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE C A,,/. By By Iu ' Designee (Designa a off al capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By ��-� authorizing execution of this Agreement) Designee Attest: ignate official cap ity '71 By (Form approved by County Counsel) ated: f2_j--_7 7 Microfilmad with board order �0 6 4?/ Contra Costa County Standard Form l PAYMENT PROVISIONS (CETA Title VI PSE Projects) _ ` Number JL 0,7 1. Pavment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows.that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: C Subgrantee County Pept. - 1 - �DG9/ �- �t � x Contra Costa County Standard Form t PAYMENT PROVISIONS (CETA Title VI PSE Projects) 2w 8 s 7 4 Number - 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: �E Subgrantee County Pept. Contra Costa County Standard Form GENERAL CONDITIONS i (CETA Title VI Subgrants) 2 _ ` ,1 Number �w `� 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. S. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph S.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. k da9/-� Initials: Subgrantee County Dept. Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 4 .P3 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final _ determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. Initials: Subgrantee County bept. -2- Contra Costa County Standard Fora GENERAL CONDITIONS T (CETA Title VI Subgrants) 28 - 743 Number 13. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgrantee County Dept. -3- i SPECIAL CONDITIONS (CETA Title VI PSE Projects) 31Number 43-- 1. . Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January- ll, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of' the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. /1 Initials: Subgrantee County Dept. -1- SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 2 V — 743 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency.. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain-a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: C L Subgrantee CountylDept. SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q �/ Number kl e 43 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor . selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFF Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials Subgrantee County , ept. -3- 0 e6 qI-I '• SPECIAL CONDITIONS (CETA Title VI PSE Projects) 2 8 - 743— 743 ! Number 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, .but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: �Z b Subgrantee County Dept. -4- I ASSURANCES A:r'D CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 74.3 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee`s governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a); 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 othenfise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: 2 Subgrantee County Dept. -1- 0 v4 11-// ASSURANCES AIM CERTIFICATIONS (CETA Title V1 Subgrants) Number 28 - 743 , 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)) . 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)) . 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Subgrantee County Dept. -2- Q DSO 9/-�a-' ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 8 -237. Number 28 - 23. . Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1) (B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the perforce of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated hibh demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom'the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604) . Initials: Subgrantee County Dept. -3- e ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 743 _ 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6) and 604). 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)) . 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)) . 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)) . 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)) . 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)). �L Initials: Subgrantee County Dept. -4- 0 D G 9I'" 17Z _ ASSUR.MVCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 743 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 exempt under section 13; b. The State or local minimum wage for the most nearly comparable covered emplo}yent; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 43 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, mav also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: Subgrantee County Dep . -5- 6 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 2 8 — 7 4 3 Number 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (#) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicantts referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral 'of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD. Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: Subgrantee County Dept. -1- 0 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 743 d Subgrantee must obtain written verification of eligibility from the County's Manpower - Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to' 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A; Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii), (iii) , and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidizeL employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Subgrantee County Dept. -2- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) R Number 7 4 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i) , (ii), (iii) , and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page .5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for airing. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)J. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project. Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Subgrantee County Dept. —3— D PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) R Number 2 " — 7 �`[ . 3 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and -responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: Subgrantee County Dept. -4- 0JGgl-/9 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 - 743 Number _ 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements) , page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work—related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee County Dept. -5- D46I/ 'a-� PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 2 8 743 1. PSE Project Job Positions. PITTSBURG UNIFIED SCHOOL DISTRICT (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions ( tan-Months) #149 7/21/77- Painter Helper. 3 33.25 7/20/78 #149B 9/29/77- Painter Helper 4 48.00 9/28/78 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: I(L /� Subgrantee County.Dept. r i PROJECT BUDGET . Number 28 - 74#3 1. PSE Project Budget. PITTSBURG UNIFIED SCHOOL DISTRICT (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects _ under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #149 7/21/77- (a) Participant Wages $ 26,048 7/20/78 (b) Participant Fringe Benefits 8,534 (c) Training 100 (d) Supportive Services 100 (e) Administration 1,600 TOTAL (Project Payment Limit) $ 36,382 (2) #149B 9/29/77- (a) Participant Wages 37,604 9/28/78 (b) Participant Fringe Benefits 11,454 (c) Training -0- (d) Supportive Services -0- (e) Administration 2,500 TOTAL (Project Payment Limit) $ 51,558 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall sneci£y planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 1152 of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials: u r ee County Dept. -1- D 0 6 5F/--:2 PROJECT BUDGET 28 - 743 Numbe 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) Of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. 12-Month Project a. PSE Project. Project Term Payment Limits (1) #149 7/21/77 — 7/20/78 $ 36,382 (2) #1498 9/29/ 7 — 9/28/78 51,558 TOTAL (Agreement Payment Limit) $ 87,940 b. Subgraatee's expenditures hereunder for each Project specified above shall' not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: Subgrantee County Dept. d -2- D LM 9/- In t la Board of 5uperrisor3 of 28 - }743 ontr a Costa County, Spat: of California September 20 , 19 77 In the Mot:er of Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreecents with Forty-Seven CETA Title VI PSS Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees currently- authorized to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BO-410ORDEREDthat the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. I hereby certify the the foregoing is o true and correct copy of an order entered on the rninutes of said Board of Supervisors on the date aforesaid. Orig: . Human- Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grant's Unit Supervisom cc: County Administrator affixed this n '-:day of September 19 77 County Auditor-Controller County Manpower Project J. R. OLSSOtV, Clerk Director Subgrantees By v—,- Deputy Clerk Jeanne n. `Iagl� RJP:dg H-24i;7615m oQ691�� l� (Ai taclunrnt to 9/20I77 ll and Orclor) I `lk"V L u, cl:TA TITLE VY VU111,TC S .I(VT(',i. l"hlllWYMENT 11ROJ1.CT :;UBORANT ACM17.I.>`tFNT Il l,:CTVTCA'1'T0N8 CIIAI('1' 4nal.udes Projects auClio rized for Impl.euiantutl.on In June and AtiguuL,1.977) ; T, New i'Sl: Subpl-anCees: MAXIMUM 12-MONTH PROJECT MAXIilUM SUBGRAUT SUBCTWTEE PROJECT NUMBER NUMBER OF JOBS PAYMENT LIMIT PAYMENT LIMIT 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31 ,362 Inc. 2. glome llealth and Counseling; Services, Inc. 310 3 19 ,704 311 2 20,494 40,198 ' 3. City of Pinola 312 3 40,810 313 2 26,017 ; 314 1 13,025 315 1 13,025 316 1 11,750 105,527 4. united Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304B 3 31,612 305 5 50,074 1241372 5, Neighborhood house of North Richmond, Inc. 309 7 76,247 76,247 6. Los l-tedanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp Tire Girls, Inc. 321 3 301989 301989 8. Enki Rosearch Institute, Inc. 327 5 58,382 328 7 851302 143,684 9. Pinola Family YMCA 300 4 38 ,980 38,980 10. Contra Coata Community College District 318 6 60,450 319 5 46,512 , 1061961- 11. 06,96211. Carquinez Coalition, Inc. 308 4 49,196 Q 308B 3 44)963 94,159 p 12. Phoenix Programd', Inc. 329 7 68,946 68 ,946 13. Near llorizonq Center,• Ina. , • 325 3 32 762 . 32 762 14, Contra Costa Children's Council 331 3 33 ,152 33 ,152 1 . LULIWo-Itt. LU _! J/ tAJitIU UL0UL MAMUM 12-1-IONTII PROJECT MAXIMUM SURCRANT Ac;hl`;?�tit�;'I SUl3CliAN'i'I:3. PROJECT NUMBER NUMBER Oil JOBS PAYMPITV LIMIT � PAYMP'NT • -- 15. Social Advocates for Youth--Diablo Valley 333 7 $ 66,917 $ 66,917 16. Contra Costa Crisis and Suicide Intervention 326 3 30,494 30,494 17. Last County Resource Center, Inc. 33.7 3 37,706 37 ,706 18. International Institute of Alameda County 334 4 37 ,322 37 ,:322 19. Mt. Diablo YMCA 301 5 430776 43,776 20, Region IX American Indian Council, Inc. 323 7 84,448 84 ,448 21. Linton Business College, Inc. 320 3 23,872 23,872 22. Musical Arts of hest Contra Costa County, Inc. 330 3 32,778 32,778 Current PSE Subgrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921. 2. City of Brentwood 173 3 32,087 32,037 3. City of Concord 174 G 82,080 175 7 95,760 176 4 541720 177 7 95,760 178 6 82,080 179. 7 95,760 180 - 6 82,080 182 1 6 82,080 183 G 82,080 820,800 184 5 681400 4. City of El Cerrito 107 2 241847 p 108 6 70;774 809 2 211346 7 115,1,69 111 1 3.4,051 �.. 140 3 32,113 144 1 10,715 5. City of Lnfayctte 145 1 12,436 1118 1 13,183 25,619 , I'41 'v of, 'i 1 i MAXIMUM 1.2-MOIv"P11 PItUJw1' MAXIMUM SU1;(:HA?y'1' SMICI:ANTC1: 1'1tom-rr NUMBER NUM1111"It 01. JO11S CAYMENT LIMIT F'AYO NT LIMIT Y' 6. City of Martinez. 2.85 3 42,400 18511 2 27,803 186 1 14,201E 167 1 12,600 97 ,00' 7. City Pittsburg 152 2 26,872 153 3 43-1417 154 3 36,691 155 . 1 13,140 156 7 ' 107,015 157 2 29,182 324,545 158 5 681228 8. Pleasant Hill Recreation and Park District 134 ,. 1 11,2.67 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57,107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11, Brentwood Union School District I50 4 50,584 151 3 341614 ' 85,198 12. Myron, Union School District 162 . I 14,200 14 ,200 13. John Swett Unified School District 103 6 681000 103B 7 761384 1441384 2.4. lnightsen School District 104 1 121*819 12,819 15. Lafayette School District 1.05 3 39,200 105B 4 56,034 106 7 95,234 190,468 Q I�N 16, Liberty Union School District 143 7 94,767 `� 188 1 12,052 106,819 (Attachment to q/Z0/77 Board Order) MA%JJ-PJM 12-1-foNfII PROJI?C'f tfl+-N:P.1^i SUUCRAt TrE PROJECT NUMBER NUMBER OF JOBS PAYHENT I..ITII:T I'i+Y::�.::: MAMIT �. 17. Martinez Unified School District 146 5 $ 62,000 146B 2 29,058 91 ,058 18. MoraRa School District 3.02 2 23,475 102B 5 59,004 82,479 19. Mt, Diablo Unified School District 118 4 56,328 119 5 58 •981 120 6 66,215 122 3 2711946 123 4 50:.673 124 6 68,936 125 4 45,840 126 6 68,936 1.27 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,539 20. Oakley Union School. District 159 4 52,703 15913 3 40,788 160 4 53,1 6 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36,382 14913 4 51,558 87,940 22, Richriond Unified School District 11.2 6 631302 113 6 65664 114 6 651664 115 3 351.731 230,361 O. 23. San Ramon Valley Unified School District 142 1 121224 12,224 Z�, 24. Housing Authority'•of the County of Contrn Costa 141 6 861623 86,623 25. State of California 190 3 31.1754 IN, 191 2 201303 193 5 52,599 �, 194 1 10,506 115,162 Contra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number 2 "Q - 718 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: INTERNATIONAL INSTITUTE OF ALaIEDA (dba International Institute Capacity: Nonprofit California corporation of the East Bay) Address: 297 Lee Street, Oakland, California 94610 3. Term. The effective date of this Agreement is July 27, 1977 and it terminates July 26, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 37,322 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgraatee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By By Designee Des gnate official ca city in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified ( copy of the governing body resolution Bauthorizing execution of this Agreement) Designee �-7 Attest: sg� .r_� (Designate of ici 1 capacity) j . (Form approved by County Counsel) Dated: Microfilmed with board order Conga Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number " 1. Pavment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance u-i.th the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost) , and, subject to said Attachments A and B, such other docurents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Pian, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the Co;:nty Department for which this Agreement is made or his designee, County will make =onthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to fu:-nish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or docurent its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Pa;rent Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: S grantee 66unt4I)e . 00693 Contra Costa County Standard Form PAYMM PROVISIONS ' (CETA Title VI FSE Projects) Number 28 - 718 7. Audits. The records- of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: ;�552 V/"'s, SfiAgrantee County Dept. 00694 - 2 - Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) n — Number a 718 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a, above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Licit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operate Flan. 01) 3 Initials: grantee 'County Dept. Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 28- 718 — Number 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable. procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. 0695I00695- Initials: nitials: ;grantee County Dept. -2- Contra Costa County J64,acu ,amu au�.l GENERAL CONDITIONS (CETA Title VI Subgrants) 28 - 718� � Number 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termi.-iation of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: - Xubgrantee County Dept. 00697 -3- SPECIAL CONDITIONS (CETA Title VI PSE Projects) n 7 1 Number G 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title NI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi— tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee "to reduce program operations or salaries, wages, fringe benefits, or services for any program partici— pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the D. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between. County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. i Initials: ,Pfi , bgrantee County Dept. -1- 00698 i SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 = 718 , 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such - documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons be mean 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be eriployed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled "Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60) . Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: _�� /_� X 'bgrantee County Dept. 00699 -2- SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 718 13. Property Management Requirements. Subgrantee shall comply with applicable _ requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide m�Yim��m open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrnntee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22). Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: ubgrantee County Dept. 00'704 -3- �r SPECIAL CONDITIONS (CETA Title VI PSE Projects) 2 Q w a'"�' 1 8 Number VV 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding pa,rment prevailing wage rates to all laborers and mechanics employed by Subgrantee or any .=ontractor in any construction, alteration, or repair, including painting and _--corating, of projects, buildings or works which are assisted under this Agreement, .a accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Sub;;rantee :ander this Agreement is not funded by County under a new Agreement following termination c: the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures =_s--ablished by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to al}ow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee :)ursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the ?=-.meat Limit of this Agreement. - 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The manpower Project Office will represent the County in all the program phases of the ;:ork, but it is not authorized to change any of the terms and conditions of this agreement. Such changes shall be only by a properly executed modification to this b regiment. The Manpower Project Office shall at all times have the right to inspect, =onitor, and evaluate the work being performed under this Agreement. Initials: grantee lt- ounty Deot. -4- ;sP.. °z@?eWk 3c's R'.- � .....:... t:'+«..-. ._.( .✓, _ .. xP._. ... .r. ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Q Number Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a); 701(a)(9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement), and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8, It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. - It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). �J 7 Initials: "A' / S grantee , County Dept. 00 702 -1- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 17 -, 7 1 v . 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)) . 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 2080)). 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)). Initials: grantee County Dept. -2- 00703 i ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in-section 6(a)(1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1) (B) and 205(c) (1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environnental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the ',�PA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-&tvelopment skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604) . Initials: grantee tYaunty Dept. 00 704 -3- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number •?, ' ` 1 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604) . 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). -10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)). l Initials: / ubgrantee lounty Dept. -4- 00705 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 8 _ 7 1 "Q t 13. Jobs are, in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 p-anticipant is exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of' other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c)(5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. r 1. Only Persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c)(20)). Initials: .� bgrantee C unty Dept. -5- 00706 i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 = 718 8 — Number 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number U) in the Project Job Specifications and Project Budget and as amended and/or-approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment. and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few As three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: bgrantee C unty Dept. -1- 00707 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 IR = 7119 Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)]. c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(l)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. 7 Initials: grantee (`d6unty Dept. —2- 00708 i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 =8 _ Number 718 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35Z veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)] . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County' s CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). . .r Initials: l Abgrantee County Dept. 00709 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 = 718 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: X-bgrantee County Dept. 0 —10 07 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 2 _ Q Number 7 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good Working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. 7 Initials: bgrantee County Dept. -5- ��.)"711 1 PROJECT JOB SPECIFICATIONS (CETA Title DI PSE Projects) 28 - 718 8 _ Number 1. PSE Project Job Positions. TNTRRNATTnNAT. TNSTTTTTTF nF AT.AT•ri:nA (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #334 7/27/77- Social Work Aide 3 36 7/26/78 Secretary 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: ubgrantee County Dept. 00712 PROJECT BUDGET 28 —8 _ Number 718 1. PSE Project Budget. INTERNATIONAL INSTITUTE OF ALAMEDA (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project - under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) #334 (1) Participant Wages $ 32,460 (2) Participant Fringe Benefits 3,220 (3) Training 800 (4) Supportive Services -0- (5) Administration 842 TOTAL (Project Payment Limit) $ 37,322 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 1152 of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County- Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: ' grantee C&dnt Dept. 00 713 i _ - 28m718in the Board of Supervisors of Con'rra Costa County, State of California September 20 , 79 77 In the Matter of Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements :with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantees respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees currently authorized to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the fcrty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project . to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. 1 he.-aby certify that tha foregoing is a true and correct copy of an order entered on the minuses of scid Board of Supervisors on the data aforesaid. Orig: .- Human Resources Agency Witness my hand and the Seal of the Socrd of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this 2O , oy of September , i9 77 County Auditor-Controller County, Marpower Project J. R. OLSSOV, Clerk Director V. Subgrantees $yam�-v G= r�=��-�`;_ Deputy Clerk .Leanne 0. '1ag.1'o RJP:do 00'714 H-24 3!76 15m (Ai vac.luiwnt to 9/20/7'i' lloard Orden) I cik;4: ► u, CRTA '111`1r, VI 1'U111.TC St?RVICr EMPLOYME.N'1' PROUCT 5UDGRANT A(',rrlPMrNrr SPRCT1IT. MITONS CIIART (l:nt:l.uderi llrojec:t4 autliorized for Imp.l.ementution In June otnd Augwit, 1c)77) I. New PSE Subgrantees MAXIMUM 12-MONTH PROJECT MAXIMUM SU11t'#ItANT tXRE17ME'UT SUL'CRAi TER PROJECT NUMBER NUMBER On JOBS PAYMENT LIMIT i'AYm1;wr LTHIT 1. Contra Costa Legal Services Foundation, 30.2 3 $ 31,362 $ 31.,362 Inc. 2. Home Health and Counseling; Services, Inc, 310 3 19,704 3111 ? 20,494 40,198 r 3. City of Pinole 312 3 40,810 313 2 26,917 : 314 1 13,025 315 1 13,025 316 1 11,750 105,527 4, United Council, of Spanish Speaking Organizations, Inc, 304 4 42,686 304B 3 31,612 305 5 50,074 1241372 5, Neighborhood House of North Richmond, Inc, 309 7 76,247 760247 6. Los liedanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp Fire Cirls, Inc.. 321 3 301989 301989 8. Enki Research Institute, Inc, 327 5 58,381 + 328 7 85,302 143j684 9. Pinola Family YMCA 300 4 38,980 38,980 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 . 106,962 11. Carquinez Coalition, Inc, 308 4 49,196 308E 3 44,963 94,159 12. Phoenix Programd', Inc. 329 7 68,946 68 ,946 13. New horizons Center,. Ines 325 3 32,762 32,762 14 . Contra Costa Children's Council 331. 3 33,152 33,152 r c ��t:l::�►uuc»� W '�tI-uttt 15u11111 Ucder) 3a,;u i U t, , MAx1MUM 12-monn YROJI.CT MAX1MIN SAMCHANT ACtttTI-1t'N'T . -URCHANTRI: PROJECT NUMBER NUMBER OF JOBS PAYMi`sM LIMIT� i',11,;i h;7` 1.1,i T 15. Social Advocates for Youth----Diablo Valley 333 7 $ 66,917 $ 6("917 16. Contrn Costa Crisis and Suicide Intervention 326 3 30,494 30,494 17. Past County Resource Center, Inc. 317 3 379706 37,706 18. International Institute of Alameda County- 334 4 37.322 37 322 19, )6It. Diablo YMCA 1 301 5 43,776 43,776 20. Region I\ American Indian Council, Inc. 323 . 7 84,448 84,448 � 21. Linton Business College, Inc, 320 3 23,872 23,872 22. NU31cal Arts of West Contra Costa County, Inc, 330 3 32,778 32,773 Current PSE Subgrantees 1. City of Antioch 169 3 420000 170 6 78,416 171 3 411105 172 1 12,400 173,921. 2. City of Brentwood 173 3 329087 32,037 3. City of Concord 174 6 82,080 1.75 7 950760 176 4 54,720 1.77 7 95,760 178 6 821080 179. 7 95,760 t 180 6 82,080 182 6 82,080 183 G 82,080 .820,800 184 5 68,400 4. City or El Cerrito 107 2 24,847 108 6 701774 109 2 21,346 1.10 7 0513.69 111 1 14,051 1110 3 32,313 . 144 -1 10,715 259,415 5. City of Lafayette 145 1 12,436 1,48 1 131183 25,619 1�tAXIrtUrt al-riON'1`lt NTTU.It.C't' rIA!tTFil1M SUI;(iItANT nrl;rY ila!'r • StltlGt.AN'!'t:i: T'VINEC'P NUMMIR NUM111M OF JOTTS PAYMENT LIMIT 1`nl'1il ia'1' t.tt•!t:`1' ' 6. City of Martinez 185 3 429400 185B 2 27,803 186 1 14,204 187 1 121600 97,007 7. City Pittsburg 152 2 26,872 1.53 3 43,417 154 3 361691 155 1 13,140 �--i 156 7 107,015' 157 2 29,182 324,545 158 5 68,228,. ' 8. Pleasant hill Recreation and Park Dintrict 134 t• 1 110167 135 1 11,685 22,852 9. City of Walnut Creek 165 1 130039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 570107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11. Brentwood Union School District 150 4 50,584 151 3 34,614 85,198 12. Byron Union School Dintrict 162 1 14,200 141200 13. John Swett Unified School District 103 6 681000 103B 7 761384 144,384 14. Knightsen School District 104 1 121819 12,819 15. Lafayette School District 105 3 39,200 105B 4 560034 106 7 95,234 190j468 16. Liberty Union School District 143 7 94,767 188 1 121052 106,81 9 (A'ttactjtnant to 9/20/77 Board Order) Page 4 of 4 • MAXIMUM 12-MONT11 PROJECT rtAr.IMM-1 SUBGi'+ -.MT AGBEEUMNT SUBGPANTEE PROJECT NUMBER NUMBER OF JOBS PAYMENT LIMIT rAYME:•.T LIMIT •' 17. Martinez Unified School District 146 5 $ 62;000 146B 2 29,058 91,058 18. Moraga School District 102 2 23,475 102D 5 599004 82,479 19. Ht. Diablo Unified School District -1.18 4 56,328 119 5 58,•981 C ' 120 6 66j215 122 3 271946 123 4 50,,673 C 124 6 68,936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 560328 129 4 449044 130 4 51,711 131 4 44,027 132 4 35,359 741,539 20. Oakley Union School District 159 4 52,703 159E 3 40,788 160 4 53,196 161 7 900200 236,887 21. Pittsbur8 Unified School District 149 3 36,382 149E 4 51,558 87,940 22, Richmond Unified School District 112 6 63,302 113 6 651664 114 6 651664 115 ; 3 351.731 230,361 23. San Ramon Valley Unified School District 1.42 1 121224 12,224 24, Housing Authority'•of the County of Contra Costa 141 6 861623 861623 25. State of Califo,-rnia 190 3 311754 191 2 20,303 193 5 52,599 194 1 10,506 115,161 e International of E December 27, 1977 BOARD OF DIRECTORS President . Paul G.de Alva Vice Presidents Mks.Hnvitt D.Kendall Rev.De.Arnold Crompton _ De.Kenneth B.Hoh Secretary Mrs.Bert Geary i Treasurer - - - Ira C.Lee Mrs.A.L.Ammm To: Contra Costa County Mrt.Ignacio Aquino Isidoro Calderon Mrs.Isidoro Calderon Peter Cengia - Mrs.Man Franicevich Mrs.W.Arthur Hecht Mrs.Cranston W.Hulse Ken M.Kawaichi Attached is a photostatic copy of the minutes. of the - Emil W.Kwttu Board of Directors' meeting of April 26, 1977. Please Hugh S.Koford Di.Kart A.Konstantin note Page Two, Lines 6 -and 7 authorization of the Board Albano Lemos Walton R.Lee Albefor Miss Borkowski to sign this contract. Gustav E.Lowe Philip J.Martin Leslie K.Moore These minutes were officially approved at the Board Kenneth Morrison Shigeo Nagata meeting of May 24, 1977.- Frank Ogawa Donald Pearce I%.Ralph Rose W.L Rothschild.Jr. W.Sheridan Wwridc Honorary Members J• - Mrs.Wilhelmine Yoakum - Dr. Kenneth B. Hoh Life Members Vice President Mrs.Matt Franicevich . Gustav E.Lowe Activities Coundl - Mrs.William Butterworth - Exeative Secretary - Miss Zoe Borkowski.A.C.S.W. Member•American Couneil for - Nationalities Service 00 719 297 Lee Street • Oakland. California 94610 • Telephone 451-2846 A United Way Agency lU, U1U.Jz%L 114.J111111L• Uk 1IlL• u►. liAl 297 Lee Street _ Oakland, California 94610 Board Meeting: April 26, 1977. Mccting called to order at 1.2:35 by .Pau1 de Alva, President.. Present: Butterworth, lir, and Mrs. Calderon, Crompton, de Alva, Franicevich, Geary, Uoh, I:endall, Kerttu, Kons�antin, Ira Lee, Bob Lee and Ogawa. `4 Absent: Armen, Aquino, Cengia, Iiecht, Hulse, Kawaichi, Koford, Lemos,LOwe, 1<lartin, Noore, Morrison, Nagata, Pearce, Rose, Rothschild and Warrick. Staff: Borkowski, Malone and Rosenthal. Mr. de Alva introduced Jayne Rosenthal, a student at the Univcrsi.ty of California, and doing her field placement at the Institute. It t•:as 119P that the minutes of the last meeting be approved as mailed. Treasurer's Report: Mr. Lee reported that the Italian Dinner netted $183. lie particularly thanked Sophie Franicevlch for her help. The February and Ifirch financial statements were presczted. It pas MSP that these reports be approved as presented. Executive Committee Report: Mr. de Alva announced that Bob Lee, Don Pearce and Sherry Warrick have been appointed as members at large of the Executiva Com- mittee. Pror,ram Chairmen have been appointed as follows: Antique Shote, Ken Hoh; -urogram, Ruth Ann Geary; Awards Dinner, Dottie Kendall and Rutin Ann Geary; Ie=Uer- ship, Bob Lee; Ways & iieans, Ira Lee and Ruth Ann Geary; Nominating, Sherry Uarrick. It %..as 11SP that the members at large and Committee chairmen be approved as presented. Ruth Ann Geary said she would accept co-chairmanship of the Awards Dinner with the provision that this year we get "new blood" willing to take on responsibility for the event•the following year. Mr. de Alva reported on Mr. Andrew Jara's report to the Executive Committee. Mr. Jara spent- considerable time in evaluating the property here; the repairs necessary if the Institute stays in this building, etc. (see reports attached). Other options such as Senior Citizen lfousinS. and new sites were also discussed. The Executive Committee is recommending that the Ilay Board cteeting be devoted to a serious study of the future goals of the Institute. This will be an evening meeting. Discussion followed an to tiviz . It vas decidod th.tt tete rtnering ::ill be at 5:30 P.M. :tL the Institute on TuQ nday, llay _1441-1t. The building and ays+lable options will be d ..-usacd. Discussion follc::cd about the costs o;: repair :nd bringing the building up to code standard;,, r_oving to another site and/cc senior citican hatts!.n-. 'Miss. BorI:n:rski pointed out that the ).Most parz.mant issue at this mC^»,2nt is fol tate Board to develop a posture regarding Lhe future - do tic zat a re>;:d.:ttial type of head- quzrtcrs; do we vatat to be ka : ::ore central location, c_c. UjaL-11 ue really knotr t:.iere t;a are headin-, it is nearly i^possible to procacd. 00j2U PaCe Two • A new contract has to be sirneda :with the University of California fo= Work Study positions. The cost to the Agency is 30M of the salary for the student and the Federal Government pays the remaining 707.. The San Francisco Foundation has accepted our proposal for the hiring of an itmigration social worker, a part-ti=e . i=i$_ation attorney and a 1/5 secretary. Total funding will be $18.683. The Agency has also applied for CETLA positions from Contra Costa County, Itayr4ard and the City of Oakland. The Cacmittec reco=ends that Hiss Borkowski be authorized to sign these contracts. The roof over the social hall kitchen needs re-roofing. The cocmittee approved the bid by Elliott & Elliott and this will cost $744. The American Council for Nationalities Service is holding a convention in Fli:,L., Bich=gan on Hay 13th thro!srii 21st. The Director should attend. Tharp is $200 in the operating budget for conference cupense. I-wever, the costs uotild be higher than that. The Executive Co:r:ittce recot-mands that the Board approve Lila - costs over and abgve the $200 already in the budget to cover Wss Borkwask•i's expenses. Alice Loebel will also nt.tend this conference, but her costs will ccr,.e from the Refugee Budget. It etas 1:5P that the Board approved Corunittee's report. At•:ards Dinner: Ruth Ann said she and Dottie would like to thank the cor._•.:itte:e, Zoe and Elaine for their many hours of trork on this dinner. She urged members to get their raffle tickets out. Letters trill ba ma!led shortly to all those who volunteered to act as host or hostess for that evening. As mentioned at a prior Board neetint; 1977 is the centennial of the YI•M. The Y asked the Institute to enter into some observerce of this centennial as the Agency started with the Y ir: 1919. The .::._ds Co'=i.ttca9 agrc.:d to Zriva a: special certificate of recoen-Itioa to the YUMA at the dinner and to its Di_scto_, Eden Gans, uho vas born in &-i-land. On Tlay 5th 1-13rian Box;dry of Channel 44 is interviewing Paul de Alva and Gillette Oriel Janes (West Indies A ardee) about the Institute and the dinner. Antique Shotty: Ken Soh announced that the Showt$11 twice place at the Concord Armory on Au,;ust 26th, 27th and 28th. The rent for the Armory is $150 a day plus $7 an hour for janitorial services beyond the regular working hours. Dealers will pay a $125 fee for the rental of booths and will sign a contract with the Agency. There will be a co=ittea ttceting on I.:y 4th at Dr. IIoh's home. Anyone who is interested in the antique short is most valcome to attend. The rain responsibility of the agency is public relations. 'eta need volunteers to help get out the posters and tickets tW hll antique dealers in Contra Costa and Alameda Counties. The committee is not United to Board members so if any members have friends who are interested in antiques, this would be a good chance for theca to get acquainted with the Institute and work on something thcy night enjoy. It was NSP that the Board approve signing the contract with the Armory and the contracts for the dealers to sign in connection with the Antique Show. A_ctiv ittea_Council: Mrs. Ftlttetuortlh said th=: Council vas disaippi inted in the t11r11ILVIt J'0= thi- r ��:h;•t:�.t?�,. Shy.• h••,:: r iso d i na-q-::5rred t h nt r her a :1.'`... so U tt l e re:sponne from the Board. As the Council rx bership is so rmall, they :geed Ceara sui)o=t in their endeavors. Director's Repo.t: Belinda "ozzU, C:hiese social worker, has tc=tnatedt her poSit.ion at t:ata: arency and acco.-pLr.-d a! job inti Dark-Clay s.�'i+cul Iirci t:h. Mr. Ruct, Cnzibadinn case aide, This ajso teminated his position as he: has 00 7.21. F Pale Three The United Elay is holding a i•:orLshop meetin„ in June regarding plannfno and accUuntability. The cost of registration is $50. Zoe will attend. iolitical refugees are now arriving from Chile. Ile have agreed to serve appro- ximately 15 of these refugees. We are not planning to involve the Chilean cc•:- nunity at this time because of possible political ramifications. The San Francisco Institute received a grant to establish a Cottage Industry to try to find markets for homemade crafts. Anyone who knows someone of foreign background who might be interested in this, please contact: Zoe. _here was no other business and the meeting adjourned at 1:35. for Mrs. hcrt Geary by Elaine Nalone 00722 Contra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) i� Number 2 (7 - 740 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise a follows: Subgrantee: MORAGA SCHOOL DISTRICT Capacity: Public Agency Address: 1115 Camino Pablo, Moraga, California 94556 3. Term. The effective date of this Agreement is July 19, 1977 and it terminates August 21, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 82,479 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By Designee qz (Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution Bauthorizing execution of this Agreement) Designee Attest: /D rte official capacity) 00723 (Form approved by County Counsel) Dated: MicrofilMad with board order Contra Costa County Standard Form } PAYMENT PROVISIONS (CETA Title VI PSE Projects) (� Number 8 " +�')' 4 v 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in _ excess of the total amount specifies in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for pa}went in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: Subgrantee County ept. 00724 - 1 - .Contra Costa County Standard Form PAY` M PROVISIONS (CETA Title VI PSE Projects) Number 2 Q y W ` 40 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the ?r--c-r— Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this :gree=ent. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cast Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or carp_ying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: uberantee County Dept. 0072.5 - 2 - Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title PI Subgrants) QQ j� Number, 8 j 4 0 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, - including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. 00726 , initials& A ubgrantee Countybent.ent. Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 8 _ 6 4 0 Number 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or Instruction. �J 1`121 Initials: Subgrantee County bept. -2- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 8 — ` 4 w Number �v1 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the - County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. ?Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, rs implication, or undetanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initialsew--v/ Subgrantee County Dept. 01)72g -3- Fx ' ,,:..� tict.'" i =, v" ..::^..w L%..'k'�t, ti.�L.fin. _?Yc .��..;r8:•�ai�.F::'�i°JR..... .'9.Y+'1-...1.,,�.. R .. . a'?+.....`..., r.s. dai'.: F... t ra._xrr SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 740 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title V1 of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Re-.ister, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. Project of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payaents Bade for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of mounds made by the County to the U. S. Department of Labor at the request of that D_Dartment's Secretary after it has been determined that such repayment is required fro= the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: nbgrantee County/Dept. -1- 00 729 SPECIAL CONDITIONS (CETA Title VI PSE Projects) I Number 2 8 _ f 4 0 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled :'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60) . Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for* financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, .and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all agreement funds, property, and otlier assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials• Subgrantee County Dept. 00730 -2- SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q Number 28 - 740 13. Property Management Requirements. Subgrantee shall comply with applicable - requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is avaiiable from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrr_ntee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials• aZ2_ u grantee County Dept. 00731 -3- L SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 740 - 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations Of the L. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of :)revailina wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Sub7rantee under this Agreement is not funded by County under a new Agreement following termination of the Within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to 'County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The -Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: ubgraatee County Dept. -4- 00 732 TM. . ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 740 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation o= programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee`s governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the previsions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Subgrantee County Dept. 00�3�3 -1- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 28 - '740 Number 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 sires laxly engaged are not covered by an applicable workers' compensation statute (sections 703(6) and 2080)) . 17. Its 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 the work that would otherwise be performed (section 703(7)) . 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections :03(5) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and ::ill maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: gug rantee County Dept. .01'734 -2- ASSURANCES AIM CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 740 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c) (1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c) (1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be 'listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providin,* co=ple-:entary training and manpower services designed to: (a) promote the advance-eft of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participaLts with skills for which there is an anticipated high demand, or (c) provide participants with self-1-_%=veleprient skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be ccnstrued to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604). Initials: s uanrantee County Dept. -3- 7A, �s a. S, ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 740 - 2. To the extent feasible, public service jobs shall be provided in occupational "i-Ids which are most likely to expand within the public or private sector as the une=*pioy=ent rate recedes except where exempt under section 604 of the Act (sections 2-33(c) (6) and 604) . , 3. It will give special consideration in filling transitional public service J obs to unemployed persons who are the most severely disadvantaged in terms of the length of ti=e they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the s—e or any substantially equivalent job (section 205(c)(7)). 4. 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 rear 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)) . 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act u-ill be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- -nts at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, with a view toward removing artificial barriers to public employment of those whom it �s the purpose of the Act to assist (section 205(c) (18)). 8. Urnere appropriate, it will maintain or provide linkages with upgrading and other ranpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the sane or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- 4--ati.on of articificial barriers to employment and. occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable is the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)). Initials• 'Subgrantee County Dept. -- 00 X 35 -4- , ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) - 740 Number 28 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 part_c_pant is exempt under section 13; b. The State or local minimum wage for the most nearly comparable covered euplo.rent; 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 occsba=ion in the establishment, or, if the occupation is new to the establishment, the prevailing entrance rate for the occupation among other establishments in the co==,*ty 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 Lavis-Bacon Act, as amended, for participants involved in employment covered by the Davis-Bacon act. 15. Special consideration shall be given to 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 application. Subg a=tee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be refe�.ed aster the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to perser_s residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: Subgrantee County ID ept. 00737 -5- Y PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 740 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number 0) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: • /ub s y rantee . r Count De t. 00738 F ;L -; PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) /� Numbe� 8 _ 7 4 O Subgrantee must obtain written verification of eligibility from the County's Manpower _ Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; 'i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii) , (iii) , and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent; full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials/ 1. ` Subgrantee County Dept. -2- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 740 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35Z veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area) , and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)j. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Y Subgrantee Count Dept. g P -3- o nn j� t 40 n PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 740 9. Public Service Employment Positions. Subgrantee shall comply with CETA - regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities 'for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: Su grantee County Dept. -4- 0!T741 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 740 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: 'Subgrantee County ept. -5- 00742 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) ►')' Number _ " 4 0 J 1. PSE Project Job Positions. MORAGA SCHOOL DISTRICT (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) X6102 7/19/77- Maintenance Helper 2 24 7/18/78 66102B 8/22/77- Maintenance Helper S 60 8/21/78 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Su grantee County Dept. 001143 PROJECT BUDGET �} Q Number N `J 1. PSE Project Budget. MORAGA SCHOOL DISTRICT (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects under this Agreement in accordance with each 12-month Project Budget of allowable - program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #102 7/19/77- (a) Participant Wages $ 18,372 7/18/78 (b) Participant Fringe Benefits 5,103 (c) Training -0- (d) Supportive Services -0- (e) Administration -0- TOTAL (Project Payment Limit) $ 23,475 (2) #1028 8/22/77- (a) Participant Wages 45,930 8/21/78 (b) Participant Fringe Benefits 13,074 (c) Training -0- (d) Supportive Services -0- (e) Administration -0- TOTAL (Project Payment Limit) $ 59,004 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials 4ub�cg,r_an_tee County ept. -1- O ;'44 PROJECT BUDGET Q � Number V ` 0 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) _ of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. 12-Month Project a. PSE Project. Project Term Payment Limits (1) # 102 7/19/77 — 7/18/78 $ 23,475 (2) # 102B 8/22/77 - 8/21/78 59,004 TOTAL (Agreement Payment Limit) $ 82,479 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: Subgrantee County pt. 00'745 In t o 3card of Sup.erlisors of 28M740 Con;ra Costa County, Siata of California September 20 , 19 77 1n the Matter or, Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI _ Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial sub-rant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the reco=endation of the Director, Human Resourcas Agency, regarding the need for prompt execution of such Subgrant Agreecents with each of the Subgrantees currently- authorized to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with , Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on tl a data aforesaid. Orig: Human-Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this,_ZntJhdoy of Seutemher 19 77 County Auditor-Controller County Manpower Project J. R. Oi.SSON, Clerk Director Subgrantees By 2c, Deputy Cleric C.Jeanne 0. `tacri r6 RJP:da H-24 3/76 I5m (Acl«t'11iient to 9/20/77 11onrd Order) CFTA `1`WI.E.. VI 11U111,TC SERVTGE, r-1111100YMEXII PROIJECT SU1WRANT ACIkEEMEN'1' 81'HCTI:T,CN1'1'()NS CIIAItI` (t:n►:3.ucie:� i.'►:o,joets a tiLiear.i.;sv-d 11"ur 1,mpl.c:ni ILLIL1.olt In June and Aul,u;lt,~ 1.977) I. New BE Sulbp►�tt►ttec a MAXIMUM 12—MONTH PROJECT MAXTI-01 SU1W,1%'A11T SUL'CW' FE, PROJECT NUMBER NUMBER OF JOBS PAYMENT LIMIT PAYMENT LTHIT 1. Contra Costa Legal Services foundation, 302 3 $ 31,362 $ 31,362 Inc. 2. Home, lienith and Counseling Services, Inc. 310 3 19,704 311 ? 20,494 40,198 i 3. City of Pinole 312 3 40,810 313 2 26,017 314 1 13,025 315 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc, 304 4 42,686 3048 3 31,612 305 5 50,074 3.241372 5. Neighborhood House of North Richmond, Inc. 309 7 76,247 76,247 6. Loa Hedanos Community Hospital District 322 4 431584 43,564 7. Alnmcda-Contra Costa Council of Camp Fire Girls, Inc. 321 3 301989 301989 8, Enki Research Institute, Inc. 327 5 581382 ! 328 7 851302 143,684 9. Pinole family YMCA 300 4 38 ,980 38,980 10. Contra Costa Community College District 318 6 60,450_ 319 ` 5 46,512 . 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 30813 3 44,963 94,159 12. Phoenix Programa', Inc. 329 . 7 681946 681946 13. New ilorizona Center,- Inc. 325 3 32,762 32,762 14 . Contra Costa Children's Council 333. 3 331152 331152 (t%ttuciunent to 9/zu/77 Beard Order) 4';x;�,� .2 tit' t; MAXIMUM 1241ON'TI1 PROJECT MAXII•ifN 1:;tI11GRrlfr`'I' SU11GRAN' EV, PROJECT NUMBER NUMBElk OF JORS PAYM N'l 1,11-11T I'r11'i•IiINT I.I I. !T ,__..,_,,,. ». 111_1_... ._..».» _�....,,......�-.. -" r-•_ 15. Social Advocates for Youth----Diablo Valley 333 7 $ 66,917 $ GG,917 16. Contra Costa Crisim and Suicide Intervention 326 3 30,494 30,494 17. Rast County Resouren Center, Inc. 31.7 3 37,706 37,706 18. International Institute of, Alameda County 334 4 37 ,322 371:1122 19. Mt. Diablo YMCA 301 5 43,776 43,776 20, Region IX American Indian Council, Inc. 323 7 841448 1v,$111.8 21. Linton Business College, Inc. 320 3 23,872 ?.3,)7'? 22. Ilu31cal Arts of West Contra Costa County, Inc, 330 3 32,778 32,775 � Current PSE Subgrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,911 2. City of Brentwood 173 3 32,087 32,0$7 3, City of Concord 1.74 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 82,080 183 6 82,080 .820,800 184 5 68,400 4. City of E1 Cerrito 107 2 24,847 108 6 70$774 109 2 ?.3.,31x6 1.7.0 7 8511.69 111 1 1.41051 1110 3 32,113 3.44 1 10,715 :?51,015 5. City of Lafayette 145 1 12,436 148 1 13,183 25r 629 ti l?1.tt t.'t,) t':i t;l: I11 •/ l� 4 MAXIMUM 1.2-MON'I`tt Pt10JRC9' MAS -111H SUt.RANT AGIII.V-t�il:`r!`I., ' S11pCtIAN'1'Ct. PROJECT NUMBER NUMBER OIC' Jolts PAYMt:i`T t.1.i•IT 6. City of Martinez 1.85 3 421400 1858 2 27,803 186 1. 14,204 187 1 12,600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43'1417 154 3 36,691 155 1 13,140 156 7 107,015 157 2 29,182 324,545 158 5 68,228 8. Pleasant hill Recreation and Park District 134 } 1 1.111.67 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57,107 117 4 57 ,107 136 2 260954 137 1 11,632 138 4 56,712 209,512 11. Brentwood Union School District 150 4 50,584 151 3 341614 ) 85,195 12. Byron Union School District 162 1 1.4,200 14 ,200 13. John Swett Unified School District 103 6 68,000 103B 7 76,384 144,384 1.4. Knightsen School District 1.04 1 120,819 12,819 15. Lafayette School District 105 3 39,200 105B it 56,034 . 106 7 95,234 190,468 16, Liberty Union School District 143 7 94,767 188 1 12,052 106131.9 ' (ActLtcltnuttt to )/2O/77 Board 'Order) AIt1amm 12-movrh PIwm.,CC MAXP•P:�I SUI'.GI ANT SU1'CPu1N1'I:L' PROJECT MIDI-IBER NUMB) It or, JOBS PAYMENT LIMIT P;:Y�ti:;.'1' I.T.;iT1' Ar 17. Martinez Unified School District 1116 5 $ 621000 1468 2 29,058 91 ,058 18. Moraga School District 102 2 23,475 109,B 5 59,004 82 479 19. Mt. Diablo Unified School District 118 4 56,328 119 5 58,981 120 6 661215 122 3 27, 946 123 4 50,.673 � 124 6 68,936 125 4 45,840 126 6 68,936 127 6 66,215 ' 128 4 56,328 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,539 20. Oakley Union School District 159 it 521703 159B 3 40,788 160 4 53,196 161 7 90,200 236,887 21.. Pittsburg Unified School District 149 3 36,382 1498 4 51,558 87, 940 22. Richmond Unified School District 112 6 63,302 113 6 65 664 lit, 6 651664 115 3 351.731 230,361 23. San Ramon Valley Unified School District 142 1 121224 12,224 24, housing Authority''of the County of Contra Costa 141 6 86,623 1+61623 25. State of California 190 3 311754 191 2 20,303 1.93 5 52,599 ' 194 1 10,506 115,162 I m oraga echoed district 1540 School Street- P.O.Box 158- Moraga,CA 94556- (415)376-5943- Harold J.Maves, Ed.D.,Superintendent RESOLUTION 77-11 AUTHORIZED AGENT FOR EMERGENCY Eii'LOYNENT ACT CETA 11 SUBGMNTS CETA VI SUBG%- WS CETA V1 PROJECTS BE IT RESOLVED that Allan K. Viguers, Director of Administrative Services, be appointed the authorized agent to enter into Agreements with Contra Costa County for the Emergency Employment Act of 1971, Title 11 CETA, Title V1 CETA, Title V1 CETA Projects, or any future CETA programs. PASSED AND ADOPTED by the Governing Board of the 11,oraga School District of Contra Costa County, California on December 13, 1977, by the following vote: AYES- Mrs. Abulton, :1r. Goodman, IlArs. Tall, Mrs. i<oojoolian, Air. Merritt NOES: ?gone ABSENT: None I HEREBY CERTIFY that the foregoing resolution was duly and regularly intro- duced, passed and adopted by the mmnbars of the Governing Board of the horaga School District at the public cleating of said Board held on Dece ber 13, 1977; and that the foregoing is an excerpt from. the journal of said Governing Board for said meeting. - Harold J. Haves;Secretary to the Governing Board, Moraga School 71strict C'Untra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) �j Number 2 " 794 I 1. Agreement Identification. + Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a- CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: CITY OF BRENTWOOD Capacity: Public Agency Address: 708 Third Street, Brentwood, California 94513 3. Term. The effective date of this Agreement is July 5, 1977 and it terminates July 4, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 32,087 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement heretc: COUNTY OF CONTRA COSTA, CALIFORNLA SUBGRANTEE �-` 7 '/yi% 'sec✓ By Y �7 Designee gnate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution Bye..--- authorize utio this Agreement) ` Designee i Attest: � lav (�esi� Official• city) By (Form approved by County Counsel) Dated: /Y/,-" 7 Microfilmed with board order Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 7 2-04 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Cqsts Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost) , and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this.Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: _,opV,*12 Subgrantee County Pept. QU'r53 - 1 - contra uosta Lounty btandard r'orm PAYMENT PROVISIONS (CETA Title VI FSE Projects) Number 2 8 — t 2 4 7. Audits. The records of the Subgrantee may be audited by the County, State, _ or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. S. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agreQs to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from ar_: audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: AAIM Subgrantee County Dept. - 2 - 00 iv- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title CI Subgrants) `,'�' 94 Number ` 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, - hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authcrized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period ,as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is alre::dy required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to c:ny required State or :ederal approval, provided that such administrative amend=ents may not materially change the Payment Provisions or the Program Operating Plan. 001,755 Initials: Subgrantee County Dept. -1- � M1*.'Ti'..,.v.' ..:. .�.� .. "......... ....:...:Y. .. .:.". ..... ..- ... x.. .. o_...fib..e_. ."� i. WW F ... �Cout�raCo�sta County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 8 s Number ` 2 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administratdr or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two'independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all ser.*ices and program activities under this Agreement shall be available to all qualified Fersons regardless of age, se::, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. Initials:_. OU r56 Subgrantee County Dept. -2- Contra Costa County btanaara corm GENERAL CONDITIONS (CETA Title VI Subgrants) 2 l.1 — d 2 4 Number 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all _ consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials:-c*w Subgrantee County bept. 001757 -3- SPECIAL CONDITIONS (CETA Title VI PSE Projects) t� 8 Q Number GV — 7 2 4 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi— tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici— pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: , Subgrantee County Pept. —1— OU;58 SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 2 V — 7 ,2 4 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such - documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled "Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60) . Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin 7629-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service e=ploywent program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. :Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate- corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Managc:ient Circular FMAC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial wanagement systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee hall adequately safeguard all Agreement funds, property, and other assets and hhall c.sure that they are used solely for purposes authorized under this Agreement. Initials: Subgrantee County Dept. 90'759 -2- line SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 724 13. Property Management Requirements. Subgrantee shall comply with applicable _ requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500) . Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this .Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. :lake positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotsn (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any parson in an administrative capacity or staff position funded under this Agree- ment if a member of his or her im.-nediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgrantee County Dept. 00'760 -3- SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 2 ' 7 2 4 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations _ of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or work-s which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 13. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its :;anpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Subgranteg County Dept. -4- 00 X61 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2-8 - 724 J Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of pro,-rams, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Suborantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this agreement and to provide such additional information as may be required (sections 102(a); 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriiv.natory emp lo% ent practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712) . 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: C=*Jp5 Subgrantee County Dept. OW� 62, -1- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 724 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)) . 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)) . 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)) . 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section -703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or CounLy in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Subgrantee County ept. 00'763 -2- _ 77 a ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 V 7A2.04 _ 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)) . 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and map-power services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604) . Initials: Subgrantee County Dept. 00;s4 -3- .. 71717.7-117.7 jEZ7, 77-7 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) t ' Number �7 4 2 4 - 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604) . 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from- the same or any substantially equivalent job (section 205(c)(7)). 4. 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)) . 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)) . 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. ,There appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who rant to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile carters in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)) . 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a) (1) of the Fair La.-or Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may c:a_:e this limitation in exceptional circumstances (section 205(c) (22)) . 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and c1he needs of the agencies (section 205(c) (23)). 12. Its jobs in each promotional line in no way infringe upon the promotional opportunities which would otherwise be available to persons currently e=ployed in ?L--Iic service jobs not subsidized under the Act, and that no ,job will be filled in other t:-.an an enr.ry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)) . Initials: Subgrantee County Dept. -4- 0 '76i ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 24 Number 2 � + 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely bagis, provide information on job vacancies and training opportunities funded under Title VT_ of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allecaced under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance =_-.de Title If of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 20-4 (c) of the Act (section 603(x) (2)). 2. To the naximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: Subgrantee Count) Dept. 00 766 r PROGRAM OPERATING PLAIN (CETA Title VI PSE Projects) Number2 — `Cy ,2 4 1. PSE Projects Program. Subgrantee shall provide certain administration and _ staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s) . Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number U) in the Project Job Specifications and Project .Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: Subgrantee County Dept. -1- 00767 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number00 - 724 v Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)]. c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: _^ Subgrantee County Dept. -2- 0016S PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 724 . (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed ,by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35Z veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsea, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)] . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Subgrantee County Dept. -3- 00 V69 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 724- 9. 8 - 7249. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. ?Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: Subgrantee County ,/Dept. -4- 0{ 1'70 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number ,.;r 8 " . 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also dete,-mine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee County Dept. O ..w 54 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) R Number 2 " — 7 2 4 1. PSE Project Job Positions. CITY OF BRENTWOOD (Subgrantee shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (.tan-Months) #173 7/5/77- Community Development 7/4/78 Tech. 1 12 Community Development Aide 1 12 Steno-Clerk Typist Trainee 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: -c Subgrantee County Dept. 001'12 I PROJECT BUDGET Q Number 2 `J — `1'`J 2 4 1. PSE Project Budget. CITY OF BRENTWOOD (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) , 173 (1) Participant Wages $ 26,076 (2) Participant Fringe Benefits 6,011 (3) Training -0- (4) Supportive Services -0- (5) Administration -0- TOTAL (Project Payment Limit) $ 32,087 'b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgraatee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior �— written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: Subgrantee County Dept. 00P I , !n thz Board of Supervisors 28 - 724 of -OnI ra Coss`a Count), Slate of Ca f of nim Sep te„aber 20 19 77 In the,Mutter of Authorizi.ag the Director, Hunan Resources Agency, to Execute Subgrant Aareecents with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, -in accordance with each Subgrantees respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- meats with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant ..greemants with each of the Subgrantees currently authorized to operate CETA Title VI PSE Projects in order to maintain project operations and corpliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Euman Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CM Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the Couaty Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects-as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE p=oject participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. I herroy certify that tha foregoing is a true and correct copy of an order entered on the+ minutas of said Board of Supervisors on the data aforesaid. Ori "Numaa^Resources Agency Witness my hand and the Sea] of the Board of Atte: Contracts & Grants Unit Supervisors cc: County Administrator ofr'ixed this, ZD tday of September 19 77 County Auditor-Controller County Manpower Project J. R. OLS,,©,y, Clerk Director ` Subgrantees Sy Deputy Clerk �l Jeanne 0. `iacyl' o C. 1ItA 00 i RJP:dg H-24 3!!6 25fn f (AcetlOmwnt to ')/70/7'/ llu;lyd Ordor) •,, , =,g C.VTAyI'1'1LE VT PURI-TC, SERVTC1. 1-111,11MMI?NT 111%(1.IECT 'atil(ARAN't'_Ai�laa?Fi_1�aJ'I'_"1'I:(;TI%1:CJ1'I'_I'O►�'ti CIIAIt'I' Ru, (1 nc:Llydu;i 1't'c),J�.c:t:rt ;uitlwt•J..:r,.l I:�,i: ..lurt,I�cu�ar 1,�!.Jou Lrh Jutrc nn�l ,\u1;u;:t.,.�I'i�.��)�...� .... ' . Hew MAXIMUM 12-MONT11 PROAXT MAXIMUM SU11GRANT ACR EY" ::T 5U1:CIt,\V'1'Eis PROJI.C'1' NUi•1DER NUMBER OF JOBS PAYMENT T.IMI1' 1'AYM1:'4'1' 1.T1IT'1' 1. Contra Costa Legal Services Foundation, 302 3M $ 31,362 $ 31 ,36.2 Inc. 2, Home Health and Counseling Services, Inc. 310 3 19,704 311' 2 20,494 40,198 3, City of Pinolc 312 3 40,810 313 2 26,017 314 1 13,025 315 , 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,1386 304B 3 31,612 305 5 50,074 124,372 5, Neighborhood House of North Richmond, Inc. 309 7 76,247 76,247 X 6. Los Medanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp fire Cirls, Inc. 321. 3 30:989 301989 8, Enki ltesearch Institute, Inc, 327 5 58,382 328 7 85,302 143,684 9. Pinola Family YMCA 300 4 380980 3£;,930 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 , 106,962 11. Carquinez Coalition, Inc. 308 4 119,196 t, 308B 3 44)963 94,159 12. Phoenix Program6', Inc, 329 7 68,946 68,946 13. New horizons Center, Inc. 325 3 32,762 32,762 14, Contra Costa Children's Council 331 3 331152 33)i52 �t �.w�t.. . u .� u., .... J,..� r Il.hllU 1i111U1 ) ,'l• tit � .. w` ' f 7 MAXIMIN 12 1�1OW11 PRO.11:C'r 1tM}:1M1!bf itltt.ltA{i'1`t:l i'1t11,itrf;'f'�_PfUft111.1t N111-1111,"R 01: 10115 1'AYPii;f31'. t;lttr:{'_. . .. . . . 1 ,�ti'?:f t;'r I.Is{'..i....... . . •` 1.5. Not., (a k Advvivoten for Youth---f)f.rtb 10 V0.1ey 33.1 7 66,917 1G, CoitiCrri Contn Criiti:t and Suicide Intervention 3116 3 301t94 30, t)/I 17. 1?:t:rC County Re,,ourve Centor, Tile. 33.7 3 37,706 17,706 18. Internationnl Insttitut:e of Alctmedn County 334 4 37 ,322 37 ,3 2 19. ift. Diablo YMCA 301 5 43,776 43,776 20, Region IX American Indian Council, Inc. 323 7 841448 84,448 � 21. Linton Business College, Inc. 320 3 23,872 23,872 22. Mu3ical Arts of West Contra Costa County, Inc. 330 3 32,778 32,775 � Current PSE, SubBrantees 1. City of Antioch 169 3 42,000 170 6 7 8,416 171 3 411105 172 1 12,400 173,921. 2. City of Brentwood 173 3 32,087 32,0$7 3, City of Concord 174 6 82,080 175 7 95,760 176 4 54 ,720 177 7 95,760 178 G 82,080 179. 7 95,760 180 G 82,080 182 6 82,080 183 G 82,080 .820,800 184 5 681400 4. City of Irl Cerrito 107 2 24,847 108 G 701774 109 2 23.,346 3.3.0 7 8513.69 111 1 3.11,053. 140 3 321113 3.44 1 10,715 :?5a,o15 5. City of Lafayette 145 1 120436 143 1 131183 25,619 MAXIMUM12•Plt1N'1'It 1'}tt}.lt.t.'1' MAXIMUM ,tiartti'ANT A;.a.t•1t�1.t...' ' �ttl11G1�11h'1'lil'w 1'1tQJ1?fes{{' NW1111, NUM11111t 011 .1(1115 PAYMENT1.1{'11'C _ _ ... .__ }'Al'lii:r�i� 1.ili1'}__.___._' 6. City of Martinez 185 3 42,400 18511 2 27,1303 186 3, 141204 187 1 12,600 97 ,007 7. City Pittsburg 152 2126-1872 153 3 43,417 154 3 36,691 155 1 13,140 156 7 107,015 T'- 157 2 29,182 324,545 �E- 158 5 68,228 T`- 8. Pleasant still Recreation and Park District 134 1 11,167 135 1 11,685 22,852 9. City of Walnut Crock 145 1 13,039 146 3 30,420 167 1 130039 65,498 10. Antioch Unixied School District 1.16 1; 57 :107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11. Brentwood Union School District 150 4 50,584 151 3 34 ,414 55,198 12. Byron Union School District 162 1 14,200 14 ,200 13, John Swett Unified School District 103 6 68,000 103B 7 761384 144,384 1.4. Knightsen School District 104 1 121*81 9 12'839 15, Lafayette School District 105 3 39,200 105B 4 561031; 106 7 95p234 190,t+G3 16. Liberty Union School District 143 7 94,767 188 1 12,052 146,319 r� i x:. Order)(AtLachwe:ctt: to 9/20/77 Boarcl MAXIMUM UJM 3.24101J'I'll 1'1W.11.1C1' MAXIMUM wUi'CI,AN'1' hGllil'r+l �1' g ;lt1;GR,1tJ'J'l.Cs )'JtOJECI' Z`lU2•J ER NUhtBM 0T JOBS PAYMENT 7,11-ITT 17. Martinez Unified School District 146 5 $ 62,000 14613 2 29 ,058 91,058 18. 'toraga School District 1.02 2 23,475 10213 5 59,004 82 ,479 19. Mt. Diablo Unified School District 118 4 56,328 119 5 58,981 120 6 66,215 122 3 279/16, '`. 123 4 50,*673 124 6 68,9:36 ' 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 ' 131 4 441027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 1598 3 401788 160 4 53,196 ` 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36,382 149D 4 51,558 871940 22. Richmond Unified School District 112 6 63,302 Al. 113 6 65t 664 114 6 65{664 115 3 ;351731 230,361 23. San Ramon Valley Unified School. District. 142 1 12,224 12,224 24. housing Authority"of the County of Contra Coote 141 6 861623 86,(123 r, w 25, State of California 190 3 33.:754 191 2 20,303 193 5 52,599 194 1 10,506 1151162 e I �i 4.? '3 3 8 RESOLUTION NO. 77- 64 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING . - EXECUTION OF CETA VI PSE PROJECT AGREEMENT WITH CONTRA COSTA COUNTY. BE IT RESOLVED, that the City of Brentwood a public agency duly constituted and existing under the laws of the State of California, approves Agreement *28-724 with the County of Contra Costa for the term from July S, 1977 to July 4 , 1978 , for CETA Title VI PSE Projects Subgrant Agreement and that James M. Buell , City Administrator of Brentwood, is authorized and directed to sign said Agree- ment on behalf of this public agency and to execute any bonds or other documents required in connection therewith. PASSED AND ADOPTED by the City Council of the City of Brentwood at its regular meeting on December 13, 1977, by the following vote : AYES : Councilmen Ghiselli, Guise, Shahan and ;Mayor Cunningham NOES : Councilman Gambel ABSENT: None _ Approved: ATTEST: J. K.V Cunningham,4Mayor mes i. Buell , City Clerk CERTIFICATE OF CITY CLERK I , James M. Buell , do hereby certify that I am the duly appointed, qualified and the City Clerk of the City of Brentwood, that the foregoing is a full ,true, and correct copy of a resolution duly adopted by the City Council of said Public Agency- on December 13, 1977 , and that said resolution is now in full force and effect. I declare under penalty or perjury that -he matters set forth in the foregoing certificate are true and correct. Executed at Brentwood , California on December 13 , 1977 . aures M. Buell , �4�• ler - 00'"179 n a Contra Costa County Standard Form D W1 Fi SUBGRANT AGREEMENT EC 71977 (CETA Title VI PSE Projects) ... „ '� Number 2 8 7 f 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: BRENTWOOD UNION SCHOOL DISTRICT Capacity: Public Agency Address: 250 First Street, Brentwood, California 94513 3. Term. The effective date of this Agreement is June 23, 1977 and it terminates July 17, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 85,198 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By By Designee Designate fficial capacity in public Recommended by human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By �,�� k�-�'-e authorizing yfecution of this Agreement) Designee Attest: (DeqUnate official oacity) C,fi By. (Form approved by County Counsel) Dated: Microfilmed with board order Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Q c� Number 2 8 � � '� ►1 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Resort and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this.Agreement. If said cost report shows that the allowable costs . that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: Subgrantee County ept. 00' 81 - 1 - a i Contra Costa County Standard Form PAYt1ENT PROVISIONS (CETA Title VI FSE Projects) c� Number � 8 r) .� 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts). above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee`s failure to perform properly any of its obligations under this Agreement. Initials: Subgrantee County ept. 00'782 - 2 - i'i'�Qi .`� �TM..ri -•:. .n ,. ._'' _.. ,' ". 09 Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title GI Subgrants) Number 8 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. S. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to anv required State or Federal approval. b. Administrative A_7endments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, prcvided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. 001'83 Initials: 1/1--1 Subgrantee County/Dept- .- -1- i Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) v Number sr [ •� . 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final _ determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or etployee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from an. -failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this =greere=t or monies due or to become due, without the prior written consent of the County A6:inistratdr or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between rwc'i_.cependent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to thle County upon demand a valid copy of its most recently adopted bylaws and also a ccrpzete and accurate list of its governing body (Board of Directors or Trustees) and to t rely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its er=lcyees -o comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served uncer this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administrc__on of er relating to Subgrantee's program under this Agreement will be confidential, and :.•ill not be open to examination for any purpose not directly connected with the ad--fn=stration of such program. b. No person will publish or disclose, or permit or cause to ba ?ibl'-s ed or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employe-as, aganrs and partners of the above provisions, and that any person knowingly and inteaticcall•: disclosing such information other than as authorized by law may be guilt•, of a ri.sde_eanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, Gr.- :hat -. r,- e shall be used, in whole or in part, for religious worship or instruction. // 00784 Initials: l� { Subgrantee Ccz apt. -2- Contra Costa County 0 L .ac,c&Lu ..v, GENERAL CONDITIONS • (CETA Title VI Subgrants) _ Number 2 � 7 43 3 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all _ consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall !seep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than .the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgrantee County ept. 00-8J -3- SPECIAL CONDITIONS ' (CETA Title VI PSE Projects) t� Number 7 3 ,� 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. Project of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars) , County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, waves, fringe benefits, or services for any program partici- pant, including Sub grantee's staff, or to expend less during the effective tern of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 5.a. of these Special Conditions as to any separable part performance under this Agrae=ent, allowing the remainder of the Agreement to continue in force. C. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c. , shall occur only upon County' s sending of notice thereof to Subgrantee. Initials: Subgrantee Count: Dept. -- -1- 01)t "� WA SPECIAL CONDITIONS ' (CETA Title VI PSE Projects) Number Q — 7 .33 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60) . Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin 7'29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control ?pct (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Departrent of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned perfor--ance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial *1anagement Requirements. Subgrantee shall comply with Federal Management Circular RIC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providi=g: a. Accurate, current, and complete disclosure of financial infor--at_on pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequate-; safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. ' Initials: `'t Subgrantee CcurtyDept. -2- 00,787 yi h k• 1 w. .d SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number d 13. Property Management Requirements. Subgrantee shall comply with applicable - requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall net hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgrantee Count ept. '-881 -3- SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding pa-=eat of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreeaent, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following term=ation of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its irfanpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to insect, monitor, and evaluate the work being performed under this Agreement. Initials: if Subgrantee Count Dept. -4- 00 M a$jS'��'e�.� ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) �} c� Number 2 8 — 7 3 ,) J Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee`s governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI ana VII of the Civil Rights Act of 1964 (P.L. 58-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in, the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: !/C Subgrantee County Dept. 001-90 -1- Rla b L+..ar..rr.. amu. .c..:. . .:�7l.,o..h.« '�" `' ,. . . erY„ 'a"4•.•t. .wa ::"e'...w .:.m a. ♦.ter ASSURANCES AIND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 C7 7 3 •9 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 113(2)), 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)) . 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 emplo;,.ent, classroom training, services to participants, and other activities, where others sirilarly engaged are not covered by an applicable workers' compensation statute (sections 703(6) and 203(4)) . 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section -703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment op?orzuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the pla=ning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the Count,;'s review to assure that funds are being expended in accordance -with the pur?eses and provisions of the Act, including the maintenance of records to assist the Secretary or County in determining the extent to which the program meets the special neeas of disadvantaged, chronically unemployed, and low income persons for meaningful emp?ot=ent opportunities (sections 703(12) and 311(c)). Initials: Subgrantee Count- a a:)t. -2- i ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 7 ,12 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)) . 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1) (B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c) (1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (_PA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exewpt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Esoloyment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated 'nigh demand, or (c) provide participants with self-de-velopment skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing ccntained in this paragraph shall be construed to precli:de persons or programs for whom the foregoing coals are not feasible or appropriate (sect:vns 205(c) (4) and 604) . Initials: Subgrantee County ept. 00 M -3- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) cc� Number 2 V — 7 •� .1 - 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604) . 3. It will give special consideration in filling transitional public_ service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)) . - 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)) . 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in pub is service jobs, who want to pursue work with the employer (Subgrantee) , in the sate or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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) . 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)) . 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)) . 1.2. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)) . Initials: /Y Subbrantee County/Dept. O(1`14913 -4- 1 f ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 `ty 3 .1 I 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. in order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title 11 of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 20u(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). initials: Subgrantee County Pept. 0 lye -5- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number ( , 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s) . Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number M in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred ,applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: 1� (� y Subgraneee County Dept. -1- O�l X95 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 V — 7 3 " Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest- in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)) . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income (computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)) which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; 'or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(l)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: . Subgrantee Countyept. -2- 00796 i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 8 — 742 .2 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4). Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the .reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)J. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 S. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Subgrantee County/Dept. -3- 001 io PROGRAM OPERATING PLAN (CETA Title JI PSE Projects) Number �f s + 3 el 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A. Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions, pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: /Y,A Subgrantee County Dept. -4- ��1',4y8 d. PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 733 Number - 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements) , page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: �. Subgrantee County/Dept. -5- `1f) 99 i 4. y' f PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) 1'� Number 2 8 f 33, 1. PSE Project Job Positions. BRENTWOOD UNION SCHOOL DISTRICT (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #150 6/23/77- Grounds Developer 4 48 6/22/78 #151 7/18/77- Maintenance Helper 3 34 7/17/78 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Subgrantee County ept. 00800 i PROJECT BUDGET - Number 1. PSE Project Budget. BRENTWOOD UNION SCHOOL DISTRICT (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects r under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) ' 150 6/23/77- (a) Participant Wages $ 38,064 6/22/78 (b) Participant Fringe Benefits 11,096 (c) Training -0- (d) Supportive Services -0- (e) Administration 1,424 TOTAL (Project Payment Limit) $ 50,584 (2) #151 7/18/77- (a) Participant Wages 26,566 7/17/78 (b) Participant Fringe Benefits 7,452 (c) Training -0- (d) Supportive Services -0- (e) Administration 596 TOTAL (Project Payment Limit) $ 34,614 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85Z of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower. Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials: l Subgrantee County Dept. i PROJECT BUDGET Number 28 - 733 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. 12-Month Project a. PSE Project. Project Term Payment Limits (1) #150 6/23/77 - 6/22/78 $ 50,584 (2) #151 7/18/77 - 7/17/78 34,614 TOTAL (Agreement Payment Limit) $ 85,198 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: bgrantee County//Dept. c -2- 00802 I In tha Board or Superyisors of 28 Contra Costa County, of California September 20 , 19 77 In the Matter of Authorizing the Director, Hunan Resources agency, to Execute Subg ut Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, -in. accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to mane initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Hunan Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees currently- atithoriied to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Huetaa Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Sub-rant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September. 30, 1978, for operation of CETA Title VI PSE Projects -as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. ! he-.eby certify that tha foregoing is a true and correct copy of an order entered on tha minu.'" of scid Board of Supervisors on the dots cfortsoid. Orig: ;"Fiuran-Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervison cc: County Admi ni s t rat ur affixed thh, lathday of S eo t emh er 19 77 County Auditor-Controller County Manpower Project Director / J. R. OLSSON, Clerk Subgrantees gy —�,�.0 Lr`�7:-s��C,._.. Deputy Clerk Jeanne 0. `iacrl�_10 C. P.JP:dg 0o803 H-24 3/76 15m y}. 1y (Aetctrhmunt to 9/20/77 11twurd Urdar) .a�;ti ► «, �, } t:t:'i'A VT 1'URI.TC 81.ItVIC1. 1' �i1'I,t}YA11.N'1' PRt1.Ti;t,'i' aU11tMAN'1' AC}:1.1`.M1•N'1' ;li'kCTI�T.CAIJONS CHART {}ttt:l.ucta:► 1'1:0j0c:La all tilt)t'l.fi'•c1 1:(}t* .fmil l.t:lttt:"LaLlon In June tinct Attl;tt::t,..t.t117)� 1. New I'M- MAXIMUM ' MAXIMUM 12-MONTII PROJECT MAXIMUM SUBCRA1!'1' At�t:1i1:,11"st1T SUL'CRANn.i. PROJECT NMER NUMBER 017' JOBS PAYMENT LIMIT PAY -'?4'r LIMIT 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31. ,362 Inc. 2, llomc 11ealth and Counseling; Services, Inc. 310 3 19,704 3111 2 20,494 40,198 3. City of Pinola 312 3 40,810 313 2 2 6,917 314 1 13,025 ap 315 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc, 304 4 42,686 304B 3 31,612 305 5 502074 124,372 5. Neighborhood 11ouse of North Richmond, Inc. 309 7 76,247 761247 6. Los t}edanos Community Hospital District 322 4 43}584 43,584 7. Alnmeda•-Contra Costa Council of Camp fire Girls, Inc. 321 3 301989 301989 8, Enki Research Institute, Inc, 327 5 58,382 328 7 851302 143,684 9. Pinola,Vamily YMCA 300 4 38 ,980 36,930 10, Contra Costa Community College District 318 6 609450 319 5 46,512 , 106,962 11. Carquinez Coalition, Inc. 308 4 _ 49,196 3088 3 44,963 94,159 12. Phoenix Programs', Inc. 329 7 68,946 68,91,6 13. New horizons Center,- Ines 325 3 32,762 32,762 14. Contra Costa Children's Council 331 3 33 ,152 331152 E.V 19 1 r; t t r !Fr E3 E � d a. iliHV.tt. t.0 !J+-v f t J OUttL U t)LUUL) I a.;u us 7 MAXIMUM! 12-1'ONT11 PROJECT MAXIMUM SU!'.{.11,11!'1' AC1t1:1:?1ENT SU1lCRAr!'L'1:1: PROJECT NUMBER NUMBER 01. JOUS PAYM1'Mr 1,IM1'!' PAY,1l11T 1.1ld:'!' r _ ._. ._.r. _.._ . 15. Social Advocates for Youth-Diablo Valley 333 7 $ 66,917 $ 66,917 16. Contra Costa Crisis And Suicide Intervention 326 3 30,494 30,494 17. East County Resource Center, Tne. 33.7 3 37,706 37,706 18. Tnternationnl Institute of Alameda County 334 4 37 $ 22 37 ,322 1.9. Mt. Diablo YMCA 301 5 430776 43,776 V:) 20. Region IX American Indian Council, Inc. 323 7 84,448 84,448 00 0 21. Linton Business College, Inc, 320 3 23,872 23,872 22, Husic.al Arts of West Contra Costa County, Inc. 330 3 32,778 32,778 Current PSC Subsrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 321037 3, City of Concord 174 6 82,080 175 7 95,760 176 4 54 ,720 t 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 821080 182 6 821080 Y 183 6 82,080 .820,800 184 5 68,400 4. City of El Cerrito 107 2 24,847 108 6 70,774 109 2 21,346 3.1.0 7 8511.69 ill 1 14,051 140 3 32,113 1.44 •1 10171S 259,015 o 5. City of Lafayette 145 1 12,436 148 1 13,183 251619 a ,r C, < s. a �•-»..•�. .. 4 .. J7t {ilt.4{ 1{ Ili it{.i.� . y• f y MAXIMUM 1'1.-MON'I'll PttO.11"C'I' MAXTt4tIM SUC(;I;AIJ'l' n�ritl:llllill'1' Sh)1(;RAN'I'l?1: PROJI:C'I' NUMBER NUMI1113 011' jolts1'AYMI:N'1' LIMIT 6. City of Martinez 3.85 3 42,400 Y 185D 2 27,803 e, 186 3. 14$204 187 1 120600 97 ,007 7. City Pittsburg 1.52 2 26'872 153 3 43',417 154 3 36,691 C� 155 1 130140 GiC) 156 7 107,015 - :^ 1.57 2 29,182 324,545 � 158 5 681228 8, Pleasant JIM Recreation And Park District 134 } 1 11,3.67 22 852 135 1 11,685 9. City of Walnut Creek . 165 1 1.3,039 166 3 39,420 167 1 13,039 65,198 10. Antioch Unified School District 116 4 57,107 117 4 57 ,107 136 2 26j954 137 1 11$632 1.38 4 56,712 209,512 .,� 11. Brentwood Union School District 150 11 01 151 3 34 ,614 85,198 12. Byron Union School District 162 1 11+ ,200 11+ 1200 13, John Swett Unified School District 103 6 68,000 103B 7 76,384 144,384 3.4. Knightsen School District 104 1 12;819 12,83 9 15. Lafayette School District 105 3 39,200 105D 4 56,034 . 106 7 95,234 190,468 16. LibertyUnion School District 143 7 94,767 188 1 12,052 106,:119 �r s :A a (,A'ttachment to 9/20/77 Board Order) Pare 4 of 4 MAXIMUM 12-•1t0ITII PROJrCT 1 IMM.•i SUPGRANT AGPEFt•'.E\,1' SUBCR2WEE PR0JECT NIUMBER NUMBER OF JOBS PAYMENT LIMIT PhY.t;�I1' I.T.bii'1' 17. Martinez Unified School District 146 5 $ 62,000 146B 2 29,058 91,058 18. Iloraga School District 102 2 23,475 102B 5 59,001; 82,1,79 19. Flt. Diablo Unified School District 118 4 56,328 119 5 58,981 `' 120 6 66,215 122 3 271.946 C '123 4 501:673 124 6 68,936- 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 if 44,027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 159B 3 40,788 160 4 53,196 161 7 90,200 236,887 21. Pittsbur8 Unified School District 149 3 36,382 149B 4 51,558 87,91#0 22. Rirhrsond Unified School District 112 6 631302 113 6 651664 114 6 651664 115 3 351731 230,361 23. San Ramon Valley Unified School District 1.42 1 12,224 12,224 24. dousing huthority'or the County of Contrn Costa 141 6 861623 861623 25. State of California 190 3 311754 191 2 20,303 193 5 52,599 194 1 10,506 115,162 BREATTIVOOD UNION SCHOOL DISTRICT BRENTWOOD SCHOOL DISTRICT OFFICE - GARIN SCHOOL EDNA HILL SCHOOL TEL. 634-3408 TEL 415/634-1168 TEL- 634-3543 250 FIRST STREET BRENTWOOD. CALIFORNIA 94513 BOARD RESOLUTION 10 - 78 December 8, 1977 THE BOARD OF TRUSTEES, BR�tT l00D UNION SCHOOL DISTRICT, hereby resolves to continue under contract with the Count of Contra Costa to participate as a subgrantee in the C..E.T Y. Title V1 P.S.E. Project. Furthermore, the Board appoints William B. Bristow, District Superintendent, as their authorized representative on all actions concerning this project. AYES NAYES: ABSENT: O Certified: Date 1-? -- 7-7 Signed: Roy r ky, Clerk Board of Trustees Brentwood Union School District 0�8�8 -s,.v2°�:oiC Contra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) i Number 2 `� — 7 1 3 1.• Agreement Identification. , Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: NEW HORIZONS, INC. Capacity: Nonprofit California corporation Address: 5205 Railroad Avenue, Pittsburg, California 94565 3. Term. The effective date of this Agreement is July 22, 1977 and it terminates July 21, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 32,762 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-71/78 CETA Comprehensive Title VI Plan (U. S. Department of .Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By Awhl, 4W B y Designee (Designate official capaglity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By authorizing execution of this Agreement) Designee l (D_signate ofTicial capacity) (Form approved by County Counsel) Dated: tkcro{ilrriod wiih bddrd,&d# Contra Costa County Standard Form ` PAYMENT PROVISIONS (CETA Title VI PSE Projects) !'�► Number 2 V Q — ` 1 3 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in :chole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: " J/ Subgrantee County Dept. 00810 - 1 - ,.. :v„,:..... ,,,.''.,�5�.ai'-s...„"i-,_F.. r.�..ti✓�.tiS��+u.. "b+ #• r... _".:.�.. .,.. was .q. Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI FSE Projects) Number 28 = 713 713 ' 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as =--y be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agree=ent. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Pay--ant Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such e-%cess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to per-form properly any of its obligations under this Agreement. Initials: Subgran ee Count# Dept. 01811 - 2 - a Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 28 - 713 Number 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. . 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. b. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Ad=inistrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program OperatingPla . t)ORO Initials: Z Subgra tee Count Dept. -i- 77 ~•b ti.w- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) � _ u 7, J Number � 13 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final _ determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or' Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 15. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disel.osing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. Initials: Subgrantee CounLy Dept. -2- uontra uusLa uuuu.y GENERAL CONDITIONS (CETA Title VI Subgrants) 28 - 713 Number 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is :wade, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: 1CTL Subgran ee County Dept. 00814 -3- i r. ,. '3Ml v'S-7 .i Y`a,.Y•sr',". .yt.L..i:RL. _n'� {. i.:T:.. t _ ..... i ....Kl. !�:.6.T •- .. a ,. .i- . :.,,.. ..."_.,�.•` m_:S.wTrcl:.^d:?T� .u. t .. 3 +r •ter....... SPECIAL COZDITIONS (CETA Title VI PSE Projects) 28 - 713 Number 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Co ies. Copies of the County's Project documents, as specified in Paragraph 8. Project of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Subgrantee Count Dept. -1- 00815 SPECIAL CONDITIONS (CETA Title VI PSE Projects) 2 Number 28m713 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such r documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be raintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled :`Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2., pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. i Initials: SubgranteeL` Count Dept. 01'7816 -2- SPECIAL CONDITIONS (CETA Title VI PSE Projects) 28 - 713 Number 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500) . Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use; condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular F111C 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maxi-.1,r! open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maxi_— possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising,, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member'of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgrantee Count De?t. 0 .)81"1 -3- SPECIAL CONDITIONS (CETA Title VI PSE Projects) R Number 2 " - 7 1 3 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated ,by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for 'up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The -Manpower Project Office will represent the County in all the program phases of the wore, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Subgran ee Count Dept. -4- 00818 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) '/ Number 28 - 713 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA) , 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(x) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federa! funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)) . Initials: Subgrantee County Dept. 00819 —1— .,+,:c .. -n.:..a..t,z ."t... .+:; ._,..s.. 5 «rtr rc,r.• ��st:_-r: c.' e:<.r.si' c ! � rsa^i" ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) i Number 2 8 _ ` 111 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than Supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . 0 Initials: Subgrantee Count Dept. 00040 .wrw.,c'24 �'.`� '.':,r.. .rLT�a.�,_�-i rvy..;:..,.-.v T'.'z'i.:',`". ..,��, ,• :�.3'��..ta'ic.,-. ''.an.«%-1r.�a ..n,...o-t,F 41:. .. ....7+... .:^�c�n�� r� ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 v w ` 1 3 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c)(1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCG 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604) . Initials. { Subgran ee Eo_untX Dept. -3- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 713 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to ea-pand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6) and 604). 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5_ Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)) . 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other ranpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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) . 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)) . 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)). r: Initials: Subgran ee County Dept. 0088, -4- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 713 13. Jobs are in addition to those that would be funded by the Subgrantee in _ the absence of assistance under the Act (section 205(c) (24)). 14. 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 exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the -employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a)(2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). 1 Initials: i Subgrantee County Dept. PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 8 = '718 1. PSE Projects Program. Subgrantee shall provide certain administration and _ staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgracit Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan' and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number W in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: f Subgran ee County Dept. -1- 00824 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 7 3 Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)j . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)j which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC) , including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii) , (iii) , and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: 5`.- � T f Subgrahtee County Dept. -2- \d jc�)`/l 0i/` 2a PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 713 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition,of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35Z veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations (29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)]. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). a Initials: v� SubgraAtee County Dept. -3- 00826 ..a:�. n:;a`•`.. _. .. :.5 '�t'ti v,�''�..i� z.y. - :>.�_� a'.- .. ��^. -IF':._ .3' +s':,.. .,.�v:� ..LY"'w�'i+:ai7:..?� 1 K:�a+9:... r>�. .. ,�:: .>.e^��X °�,Y:'++. .5. raK w w t PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 714#9 • 9. Public Service Employment Positions. Subgrantee shall comply with CETA _ regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; C. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: Subgrantee County Dept. -4- {� 2 i ' +ow -' Cr..cam .•,. . w.... _.r .. [C, a.�- 1. 1 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 2 8 - 7 1 Number 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) _ of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work–related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for - said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee Count Dept. –5- 008-28 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) R Number 2 " m 7 1 3 1. PSE Project Job Positions. NEW HORIZONS. INC. (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #325 7/22/77- Eco-Systems 7121/78 Developer 2 24 Teacher/Program Director 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: ubgran ee Courity Dept. 00829 PROJECT BUDGET Q i Number 28 - 713 1. PSE Project Budget. NEW-HORIZONS, INC. (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) #325 (1) Participant Wages $ 27,360 (2) Participant Fringe Benefits 1,874 (3) Training 728 (4) Supportive Services -0- (5) Administration 2,800 TOTAL (Project Payment Limit) $ 32,762 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 1152 of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: Subgrantee Count Dept. du Y: . • � u* {ou ions (7Ent'e Z' �nc. 5W5 RAILROAD AVENUE PITTSBURG2 CALIF,. 94565 (415) 439--9794 Certification of Resolution: It is hereby resolved that the Board of Directors of New Horizons Center, Inc. approves agreement #325 with Contra Costa County for the term from July 22, 1977 to July 21, 1978 for the amount of $32,762 for operation of a CE'TA Title VI PSE Projects Program and that Donald L. T{eefauver, Chairman, is authorized and directed to sign agreements on behalf of this Board. I hereby certify that the above is a true and complete copy of a resolution passed by the Board of Directors of New Horizons Center, Inc.,. resolved on December 13, 1977• Cara_Lyn Douglas Program Coordinator, Board of Directors December 13, 1977 008"1 49k' WN,-9 *aa4--Z-7�4 x� III In th? Board of SuperYlsorS 28 - 713 r Or Contra Costa County, State, of California September 20 , 19 7 77 In the Mot:er of -Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements with Forty-Seven CETA Title VI PSE' Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized; by its Orders dated June 28, 1977, Augt-Ist 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial sub-rant payments to certain CETA CX Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees currently- authorized to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of on order entered on tha rrinutes of scid Board of Supervisors on the date aforesaid. Orig: . F uman-P,esources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed thi32n ay of September _ 19 77 County Auditor-Controller County Manpower Project Director J. R. O1_SSON, Clerk Subgrantees sy �•-,� ,� G:.`'I'i=��-�f', . Deputy Clerk Jeanne n. *1a-i 00 32 RJP:dg H-24 31:6 :5m (Atcar. mwnt to 9/70/77 ('V-TA TITLE V" T 1',U111.TC til 1WICH EMIILOV11-.NT 11ROJE.CT -SUBURANT ACRE '.�WN'I' ;;l'1.CTI�T.CAT_T(1hS CIIAN'T (1:ncl.udes Projocta authorized for :impl.ementution In Junc and August, 1.977) I. New PSE Subgrantees: MAXIMUM 12-MONTH PROJECT MAXIt11M SUBC1:Atd1' ACtt1:L' 0,T SUBGRANTEE PROJECT NUMBER NUMBER OF JOYS PAYMENT LIMIT PAYMrNT LIMIT 1. Contra Costa Legal Services Foundation, 30.2 3 $ 31,362 Inc. $ 31 ,362 C'^ 2, Home health and Counselini; Services, Inc. 310 3 19,704 M 311' 2 20,494 40,198 ' 3. City of Pinole 312 3 40,810 313 2 26,917 314 1 13,025 315 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 3048 3 31,612 305 5 50,074 124,372 5. Neighborhood house of North Richmond, Inc. 309 7 76,247 76,247 6. Los Medanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp Fire Cirls, Inc. 321 3 301989 301989 8. Enki Research Institute, Inc. 327 5 58,387. 328 7 85,302 143,684 9. Pinole Family YXCA 300 4 38,980 38,950 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 • 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 308B 3 44,963 94,159 12. Phoenix Programa', Inc. 329 7 68,946 68 ,946 13. New horizons Center,. Inc. 325 3 32,762 32,762 14 , Contra Costa Children's Council 331 3 331152 33 ,152 9Z F 4114 Ma•4..11111 is{{\. {.0 J J -•+J I UVc\11S US US.i4 f M v.J Yr MAXIMUM 12-MONT11 PROJECT MAXIMUM SUBGHANIT SUIIC.HANTIIi PROJECT NUMBER NUMBER OF JOBS PAYMENT LIMIT PAYX*'NT LUM •,• 15. Social Advocates for Youth--Diablo valley • 333 7 $ 66,917 $ 66,917 16. Contra Costa Crinis and Suicide Intervention 326 3 30,494 30,494 17. East County Resource Center, Inc. 33.7 3 37,706 37,706 18. Internationnl Institute of Alamedn County 334 4 37 $ 22 37 ,:3?.2 19, Mt. Diablo YMCA 301 5 43,776 43,776 20. Region IX American Indian Council, Inc, 323 7 84,448 84,448 21. Linton Business Collage, Inc{ 320 3 23,872 23,87'? Ci 22, Nu3ical Arts of Wast Contra Costa County, Inc. 330 3 32,778 32,775 • Current FSE Subgrantees 1. City of Antioch 169 3 420000 170 6 78,416 171 3 411105 172 1 120400 173,923, 2. City of Brentwood 173 3 32,087 321037 3. City of Concord 174 6 82,080 175 7 95,760 176 4 540720 1 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 82,080 183 6 820080 820,800 184 5 68,400 4. City of El Cerrito 107 2 24,847 108 6 701774 109 2 211346 3.10 7 85,169 111 1 14,051 140 3 32,113 3,114 .1 10,71.5 259,015 5. City of LaCayotte 145 1 12,436 1118 1 13,183 25,619 . i P,t X G. 4: 1• ,� • ....-..... . . ia . as . .�.a t/ � � ;it�t. , �.� . , F 1• MAXIMUM 17.-MON'T'11 1'1OJEC'1' MAYT.IdtlM St! C)ZANT AGItl.11,113ft MOM= NUMBER NUMI1CIt OF 30118 PAYMENT.' LIMIT 6. City of Martino. 3.85 3 42,400 18511 2 27,803 186 3. 14,204 187 1 121600 97 ,007 7. City Pittsburg 152 2 26,872 { 153 3 43-v417 154 3 36,691 Ll" 155 , 1 13,140 156 7 107,015 Q 157 2 29,182 324,545 -- 158 5 68,228 ` 8. Pleasant hill Recreation and Park District 134 t• 1 1113.67 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57,107 117 4 579107 136 2 26,954 137 1 110632 138 4 56,712 209,512 ll. Brentwood Union School District 150 4 50,584 151 3 34,614 J 85,198 12. Byron Union School District 162 1 14,200 14,200 13. John Swett Unified School District 103 6 68000 103B 7 76,384 144,384 ¢' 3.4• inightsen School District 104 1 129819 12,819 15. Lafayette School District 105 3 39,200 1058 4 56,034 106 7 950234 190,468 b `= 16, Liberty Union School District 143 7 94,767 188 1 12,052 106,819 a .�4gg a � r t' t.' {' f 1 i (Attaclmant to 9/20/77 Board Order) Paso 4 of % • MAXIDIUM 12--MON'1'li PROJECT 1,I&XIMUM SU1;t:1' NT SUL'Cf:f1N'1'i.l: PROJECT NUMBER NUMBED OF JOBS �PA.Y_!•fEXY LTIIIT PAl'tfi::.9' T.i3.4t'1�_�rL 17. Hirtinez Unified School District 146 5 $ 62,000 , 146B 2 29,058 9.1 ,058 18. Mornpia School District 3.02 2 23,475 1028 5 59,004 19, Mt. Diablo Unified School District 118 4 56,328 119 5 58,981 120 6 66,215 ..., 122 3 271946 , 123 4 501,673 124 6 68,936 125 4 45,8.40 126 6 68,136 127 6 661215 128 4 56,328 121 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741,539 20. Oakley Union School District 159 4 52,703 159E 3 40,788 160 4 53j3.96 161 7 90,200 236,887 21. Pittsbur8 Unified School District 149 3 36,382 149B . 4 51,558 87,940 22. Richmond Unified School District 112 6 631302 113 6 651664 114 6 651664 115 3 351731 230,361 23. San Ramon Valley Unified School District 142 1 1.21224 12,224 M( , 24. dousing Authority..of the County of Contrn Costa 141. 6 861623 861623 3 25. Stute of California 190 3 31.1754 191. 2 201303 193 5 52,599 194 1 10,506 1151162 I t .t :x i "x a c .. 7- Contra Contra Costa County Standard Form SUBGRANT AGREEMENT c" 7 1977 (CETA Title VI PSE Projects) tc 8 735 t Number Y 3 i :.; . �p �.: =„r t--,,n, i 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: John Swett Unified School District Capacity: Public Agency Address: 341 B. Street, Box 847 Crockett, California 94525 3. Term. The effective date of this Agreement is July 5, 1977 and it terminates September 5. 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 144,384 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By Vim - �77 By Designee Business ager (Designate official capacity in public Recommended by Human Resource Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By authorizing execution of this Agreement) De ignee Attest: Superintendent D signate of i al pa y f By (Form approved by County Counsel) Dated: November ? , 1977 011831 Microfilmad with board order Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 2 R 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to S-b grantee for all services and program activities provided under this Agreement s'a1-1 be only for costs that are allowable costs (see Paragraph 3. below) and are =Crtlallv incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance :zth the below provisions for Cost Report and Settlement, Audits, and Audit 7-ceotions, and subject to the Payment Limit of this Agreement, County will pay an a=o,=t equal to Subgrantee's allowable costs that are actually incurred each month, but s=3ject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are deter.=ned in accordance with General Services Administration Federal Management C_rcu_ar FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other dreu=ents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on Ce•wty Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are a:tually provided. Upon approval of said payment demands by the head of the Cou=t- Department for which this Agreement is made or his designee, County will make -_or__h-1 payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee :hen, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subzrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or doc=ent its demand(s) for payment. b. Cost Report and Settlement. No later than forty-five (45) days following the ter-d-oration of this Agreement, Subgrantee shall submit to County a cost report in the .form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments Vide by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. if said cost report shows that the payments made by County pursuant to Paragraph 2. (Pat=ent Amounts) above exceed the allowable costs that have actually been incurred y Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: Subgrantee County Dept. L�_f.0' - 1 - Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI FSE Projects) Number 2 8 ` 3 5 f 7. Audits. The records of the Subgrantee may be audited by the Count State g Y Y> > or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: lzv— Subgrantee County ept. 0IY39 - 2 Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) � 8 _ 735 35 ' i Number 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the cork in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this J%greement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provi.ded herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. S. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or F, deral approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendrient executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. F.40 s Initials: Subgrantee County Dept. -1- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) � 3 Number 28 - 735�8 — 7 3 5 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or pa}ments therefor, or any combination of these acts, 'shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a- corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. 00841 Initials: �— Subgrantee County bept. -2- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 2 g 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, 'without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: l5� Subgrantee County/Dept. 00042 -3- i SPECIAL CONDITIONS (CET4 Title VI PSE Projects) Number "' J 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph $. Project of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. C. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: -- Subgrantee County Pept. -1- 00843 SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 735 � 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled :'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G. Paragraph 2., pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current.—and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, -and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: Subgrantee County Pept. 90F44 -2- 1 it SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 735 ' 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials Subgrantee County bept. {un.7F J -3- A SPECIAL CONDITIONS (CETA Title VI PSE Projects) 9 Q Number2 v "7 3 5 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. _County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, 01 monitor, and evaluate the work being performed under this Agreement. Initials: (. Subgrantee County Dept. -4- 008146 ASSUMNCES AND CERTIFICATIONS (CETA Title VI Subgrants) R Number " — 7 5 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839 and P.L. 93-567, 88 Stat. 18 5 and P.L. 94-444) , hereinafter referred to as the Act, and with the regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the a=endments or revisions that it cannot so conform, so that the County may take a.propriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a); 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (?.L. 58-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (inclucing this Agreement), and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). S. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Subgrantee County ept. 0OP4 7 -1- w ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 9 7 3_'1 ; 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General., and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)). 1 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . i Initials: 'ZVI-- Subgrantee County Pept. -2- 0O i8 - .r. .,.:' •.i.,J6=- tea.. 'J ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Numbery ,� 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensatediby the employer (Subgrantee) at such rgtes, 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a)(1)(B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide parciciparts with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604). Initials: ��' A Subgrantee County Dept. 00('949 -3- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number2_8 8- 735 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6) and 604). 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c)(17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a) (1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel: procedures and collective bargaining agreements have been complied with (section 205(c)(24)) . Initials: \Sw'" Subgrantee County ept. 00F50 -4- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) R - 735 Number t 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to Sate and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: Subgrantee County ept. —5— I PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number _ 735 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number U) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and -Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: _1�0—' Subgrantee County Pept. -1- 00F52 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) R M% Number 2 " ` f Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii) , (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Subgrantee County Pept. -2- oo853 I, PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q f�j� Number 2 V ` 3 5 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)]. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Subgrantee County/`Dept. -3- 00854 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - '735 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: 7U— Subgrantee County Pept. -4- i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 735 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work—related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee County Dept. -5- 00855 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 2 8 — 7 3 5 .` 1. PSE Project Job Positions. JOHN SWETT UNIFIED SCHOOL DISTRICT (Subgrantee shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #103 7/5/77- Painter-Glazier 7/4/78 Trainee 3 36 Grounds Keeper Trainee 3 36 #1O3B 9/6/77- Painter-Glazier 9/5/78 Trainee 2 24 Grounds Keeper Trainee 3 36 Custodial-Security Worker 2 24 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Subgrantee County ept. 0085"1 PROJECT BUDGET GJ Q Number 4-e V ' 7 3 1. PSE Project Budget. TaHN qwETT UNTFTED SCHOOLISTRICT (Subgrantee shall conduct its CETA Title VI Public Service Employment PSE Projects under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #103 7/5/77- (a) Participant Wages $ 54,252 7/4/78 (b) Participant Fringe Benefits 8,928 (c) Training -0- (d) Supportive Services -0- (e) Administration 4,820 TOTAL (Project Payment Limit) $ 68,000 (2) #103B 9/6/77- (a) Participant Wages 63,084 9/5/78 (b) Participant Fringe Benefits 8,400 (c) Training -0- (d) Supportive Services -0- (e) Administration 4,900 TOTAL (Project Payment Limit) $ 76,384 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials: IG ^ Subgrantee County Dept. -1- 0OF55 :a PROJECT BUDGET Number 2 V - 7 3*15 t 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. 12-Month Project a. PSE Project. Project Term Payment Limits (1) #103 7/5/77 - 7/4/78 $ 68,000 (2) #103B 9/6/77 - 9/5/78 76,384 TOTAL (Agreement Payment Limit) $ 144,384 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: Subgrantee County Dept. 0OF59 -2- Al :''r ,.:;n•_�F..:i't- _ice'. -n..F'. ,aw .F.is., r JOHN S14ETT UNIFIED SCHOOL DISTRICT CROCKETT, CALIFORNIA RESOLUTION Agreed that Agreement 28-735 - C.E.T.A. TITLE VI PUBLIC SERVICE EMPLOYMENT PROGRAM be duly approved on this date - period covered Jul; 5, 1977 through September 5, 1978. AMOUNT - $144,384 VOTE: MEMBERS OF GOVERNING BOARD Ayes: C. Bohlig/E. Broglio/J. Garavaglia/P. Hughes L. Leal/W. Thomas Noes: None Absent: A. Jusaitis SPECIAL MEETING OF GOVERNING BOARD DATED: December 5, 1977 !max SECRETARYVERNING BOAU JOHN SWETT UNIP, ED SCHOOL DISTRICT � -r.:• ;.,.r.a a...+'i a*+s, -:�`` ..%..,.`e3t,. sa ...✓r..i -dlxf ._ :a «. _ ..-..... _. - �'-''�'- �� ..,_ � rs. r+co•Ss.w�.. `�+-' '_..5: Jr ,'b ter_ "� ._.;.: ..._....-.-.-_^ ,�;:... -, - .h , the Board o Suparyisors28 - 735 f of ontra Costo County, State of California September 20 19 77 Ir the Matter of Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees currently- authorized to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977 . I hereby certify that tha foregoing is a true and correct copy of an order entered on tha minutes of said Board of Supervisors on the date aforesaid. Orig: . Human' Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this_2Dt}lday of September 19 77 County Auditor-Controller County Manpower Project Director J. R. OLSSON, Clerk Subgrantees gyt�-� �-y L `1��r, f Deputy Clerk Jc_lnne 0. '3aa1-VIO RJP:dg H-24 3/76 15m I L' i li f L (AtVti6miant to 9J20f 77 hoard Order) CKTA TITLE, Vl' 1'U111,TC 81?1tVTGH 114PLOYMI?NT 111HOJEC".1' `>U11011ANT ACHr-I'MENT 1;P1-,CT1:TCN1"T0N5 CIIAI�1' . .., . � '(1.11cl.udes'rojeet:s authorl.zed for .LwplemettLaLl.on In Junc and Ati ut;tj 1977)�^�� I. New PSR Subgrantees MAXIMUM 12-MONTH PROJECT MAXIMUM SU13GRANT 0,11EEMEZIT SUL'CRi\\NTrE PROJECT NUMBER NUMBER Of JOBS PAYMENT LIMIT PAYMENT LIMIT 1. Contra Costa Legal Services foundation, 30.2 3 $ 31,362 $ 31 ,362 Inc. 2. dome 11calth and Counseling; Services, Inc, 310 3 19,704 311, 2 20,494 40,198 ' t 3. City of Pinola 312 3 40,810 313 2 26,017 314 1 13,025 315 1 13,025 y 316 1 11,750 105,527 £' 4, United Council of Spanish Speaking Organizationa, Inc, 304 4 42,686 304B 3 31,612 305 5 50,074 124,372 5, Neighborhood 11ousc of North Richmond, Inc, 309 7 76,247 76,2117 6, Los Medanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp fire Girls, Inc. 321 3 30,989 301989 8, Enki Research Institute, Inc, 327 5 581382 328 7 851302 143,684 9. Pinole Family YMCA 300 4 38,980 38,980 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 . 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 3088 3 44,963 94,159 12. Phoenix Programs', Inc. 329 7 68,946 68 ,946 13. Now Horizons Center,. Inc. 325 3 32,762 32,769- 14. 2,76214. Contra Costa Children's Council 331 3 33 ,152 3.3 ,152 0006 i 1 l� l' i F (A.ttachment to 9/20/77 Board Order) MAXIMUM12-•i~iCtt`i'P!I T'f:i1,I1:C't' MAXIMUMSUI;(;it11';7' SU1lGl;AN'1'i;l: 1'ROJT`,C1' NUrlllllt I+flil�tf11:1t OF .7013S PAYMENT LIMIT 1'Al%MF.l•;7' 15. Social Advocates for Youth--Diablo Valley 333 7 $ 66,917 $ 66,917 16, Contra Costa Crisis and Suicide Intervention 326 3 301494 30,494 17. }vast County Resource Center, Inc, 317 3 37,706 37,706 18, International Institute of Alameda County 334 4 37 ,322 37 ,322 19. Mt. Diablo YMCA 301 5 43,776 43,775 20. Region IX American Indian Council, Inc, 323 7 841448 84,448 21. Linton Business College, Inc, 320 3 23,872 23,572 22, Musical Arts of West Contra Costa County, Inc, 330 3 32,778 32,778 I• Current PSE; Sub,^,rantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 32,OS7 3. City of Concord 174 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 82,080 183 6 82,080 .820,800 184 S 68,400 4. City of El Cerrito 107 2 24,847 108 6 70,774 1.09 2 21,346 3.10 7 85,169 111 1 14,051 140 3 32,113 3.44 1 10,715 259,015 5. City of Lafayette 145 1 12,436 148 1 131183 25,619 �!.'»Lilt It^:vltl' Cu t1;'0i/77 iSt)at'ti t)t'J 3;; 1':. ;v 3 t r !, MAXIMUM 12-MONT11 PROJrCT 'MA.XTt•t11;1 S11t1C1:ANY'C1; 1'IZAJrC'f NIIPill,lt NUMlll:Jt OF JOBS' PAYMENT 1,111-11T ..��, 1'Al`iiltll'1' 1.11-If F G. City of Martinez 7.85 3 42,400 18513 2 27,80:1 186 7. 14 204 187 3. 12,600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43-t417 154 3 36,69I 155 1 13,140 156 7 107,015 157 2 29,182 324,545 158 5 68,228 $, Pleasant Bill Recreation and Park District 134 s• 1 11,3.67 135 1 11,685 22,852 9. city of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57,107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11. Brentwood Union School District 150 It 50,584 151 3 341614 85,198 12. Byron Union School District 162 1 141200 14 ,200 13. John Swett Unified School District 103 6 681000 103B 7 761384 144,384 3.4. tnightsen School District 104 1 12,819 12,819 15. Lafayette School District 105 3 39,200 105D 4 561034 106 7 951234 190,468 16. Liberty Union School District 143 7 94,767 188 1 12,052 106,S1 9 00 1 (Attachm.ent to 9/20/77 Board Order) ^arc 4 of 4 + MAXII-MM 12-MONTII PROJECT MAXT.d N SUBGRANT AGrZEM"! :;r SUBGRANTEE PROJECT VIUMBER NUMBER Or, JOBS PAYR ENT LMIT PAYI11M.T LTMIT 17. Martinez Unified School District 146 5 $ 621000 146B 2 29,058 91,058 18. Moraga School District 102 2 23,475 1028 5 59,004 82,479 19. Ott. Diablo Unified School District 118 < 4 56,328 119 5 58,981 120 6 66,215 122 3 27,,946 123 4 501,673 124 6 68,936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741,539 20, Oakley Union School District 159 4 52,703 1598 3 40,788 160 4 53,196 161 7 90,200 236,887 21, Pittsburg Unified School District 149 3 36,382 149B 4 51,558 87,940 22. Richmond Unified School District 112 6 63,302 113 6 651664 114 6 651664 115 3 351731 230,361 23, Szn Ramon Valley Unified School District 142 l 121224 12,224 24. Housing Authority*of the County of Contra, Costa 141 6 86,623 861623 25. State of California 190 3 33.1754 191 2 20,303 193 5 52,599 nn �! 1941 10,506 [l0 ++ *! 115,162 x: l l In the Board of Supervisors of Contra Costa County, State of California December 6 , 19 77 In the Matter of Authorizing the County Manpower Project Director to Execute Certain CETA Contracts and Subgrant Agreements During the Week of December 5, 1977 The Board having this day authorized the Director, Human Resources Agency, to execute, on behalf of the County, full-term novation contracts with thirteen service providers (for a total of sixteen contracts) recommended for funding for CETA Title I manpower programs in Federal FY 77-78, upon approval of said contracts as to legal form by the Office of the County Counsel, and The Board having authorized (by its order dated September 20, 1977) the Director, Human Resources Agency, to execute, on behalf of the County, standard form Subgrant Agreements with forty-seven (47) CETA Title VI PSE Project Subgrantees with effective dates between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects, and The Board having considered the report and recommendations of the County Manpower Project Director regarding the need to execute certain of the above-cited CETA Title I Contracts and CETA Title VI Subgrant Agreements during the scheduled absence of the Director, Human Resources Agency, in the week of December 5, 1977, through December 9, 1977, IT IS BY THE BOARD ORDERED that the County Manpower Project Director is AUTHORIZED, as an alternate in the absence of the Director, Human Resources Agency, to execute, on behalf of the County, such CETA Title I Contracts and CETA Title VI Subgrant Agreements as may be needed during said week, subject to the availability of funding. PASSED BY THE BOARD on December 6, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order enteral on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Orig: - Human Resources Agency Supervisors Attn: Contracts & Grants Unit 6th December _cc: County Administrator affixed this day of 19 77 County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director By Deputy Clerk tl Jeanne 0. Ilaalio 00F H-24 3%76 15m m Contra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) /� t Number s 734 1. Agreement Identification. Prime Sponsor: County of Contra Costa' Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County) , for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: BYRON UNION SCHOOL DISTRICT Capacity: Public Agency Address: Route 1, Box 48, Byron, California 94514 3. Term. The effective date of this Agreement is August 4, 1977 and it terminates August 3, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 14,200 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By Q,.,.,._.. By Designee yZ (DesignaV official capacity in public Recommended Human agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By �' `'"" authorizing execution of this Agreement) Designee Attest: f Designat o ficial capacity By (Form approved by County Counsel) Dated: ;nz Microiihmed with board order 1 Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 8 -734 t 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total pay--E-,.t to Subgrantee for all services and program activities provided under this Agree=ent shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this agree=et. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular F11C 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost) , and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operatizg Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for pa:=-ort in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be =ade on County Demand Form D-15 and in the manner and form prescribed by County. Sucg=a=tee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program actinit:es are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will =ake monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Sucgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) tae Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days follouni g t:ae termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this.Agreement. If said cost report shows that the allowable ccs;.s that have actually been incurred by Subgrantee under this Agreement exceed the paV_-E:ts made by County pursuant to Paragraph 2. (Payment A=.-ounts) above, County will re=-- -- a=;: such excess amount to Subgrantee, but subject to the Payment. Limit of this Agree=e=t. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Pay-.ent Amounts) above exceed the allowable costs that have actually been ince red by Subgrantee under this Agreement, Subgrantee shall remit any such excess at:ount to County. Initials: Subgrantee Counter 7_e_ . ooF1s18 _ 1 _ . Contra Costa County Standard Form PAYiWT PROVISIONS (CETA Title VI PSE Projects) Number 8 - 724 ' 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. t Initials: Subgrantee Counde tpt. 09869 - 2 - Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 28 - 7 -14 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, - hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. S. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided 'herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatorychanges, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended b;: a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Pay=ent Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subbrantee and the County Administrator or his designnee, subject to any required State or Federal approval, provided that such administrative amendLents may not materially change the Payment Provisions or the Program Operating Plan. tM 008 Initials: _ Subgrantee County Dap t. _1_ m Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 28 - 734� ' Number • 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administratdr or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two'indererdent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comp] with all applicable State or Federal statutes or regulations respecting con_`i— dent?ality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and c:ill not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally: disclosing such information other than as authorized by law may be guilty of a risdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and programs activities under this Agreement small be available to all qualified persons rega_eless of w age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. 098 t Initials: —16 Subgrantee County eat. -2- i Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 8 7 3 4 Number 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all . consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a: policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles,. naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. 'N'otices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice-shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgrantee County ept. 00872 -3- i SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q Number 2 v — 73 -Al , 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (ProjectT of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the teras of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- rures from, payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Acreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repa went of funds made by the County to the U. S. Department of Labor at the request of that Depart-ment's Secretary after it has been determined that such repayment is requi:e.i from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 5.a. of these Special Conditions as to any separable part performance under this Agre2az::, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of Notice theraoi to Subgrantee. Initials: Subgrantee County tEpc. -1- 00873 3 SPECIAL CONDITIONS (CETA Title VI ?SE Projects) Number 28 734 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, co=pute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled :'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60) . Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal lacy, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terns of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply" with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or' Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: Subgrantee County Dept. 098" 14 -2- SPECIAL CONDITIONS (CETA Title PI PSE Projects) Number °' 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under Luis Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors- b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent. conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- mments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22). Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgra��unty ept. r -3- i I I SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 2 8 — 7 el ` s 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Subgrantee County ept. -4- 0987 j'7 _ ASSURANCES AND CERTIFICATIOtiS (CETA Title VI Subgrants) Number 8 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA) , 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 regula- tions and policies promulgated thereunder. 2. it will comply with Federal *!anagement Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)) . 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 83-352) , and in accordance with Titles VI and VII of that Act no person in the United States shall on the grounds of race, color, sett, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712) . S. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provi,_c,s for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)) . initials: Subgrantee County bept. • OV-7 -l- 0: ,4. :. :�'�. .ate- ..�. _✓:. _>-S-.,.., r .:x ._r.-> _- .. ._ .... en * ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 734 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)) . 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)) . 18. Training will not be for any occupations which require less than ndo weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section -703(8)) . 19. Training and related services will, to the maximum extent practicable, be consist .nt with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Subgrantee County ept. 0081 9 -2- r_ a ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 2S - x' 34 Number _ 23. Its program will, to the maxi=um extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)) . 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Laabor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c) (1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Emvloyment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604) . Initials: Subgrantee County-Dept. 00SW) -3- Y 8_ . Cs'k'+ .., �.,.. ... :-, -t ,.^.,: a ,..��,�. . .r . _....-a .w 4. - _ - .. _ .+.._ .. - ''I�:`e=.i.'.F' Ih; "';i' ''?�'?:f'• ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) ? Number 2 .8 ' t 2 4 - 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604) . 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)) . 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). . 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)). 11. ?obs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)) . 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)) . Initials: Subgrantee CounLy fiept. O' FSO -4- ati t%- tim f ASSUR91NCES AND CERTIFICATIONS (CETA Title VI Subgrants) `� Number 2 8 -_72 `�' 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. Persons employed in public service jobs under this Act shall be paid cages 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 ::here a participant is exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are .filled. During this period, the employment service may refer those veterans specified above. If sufficient nunbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in for=ulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title :'I of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extant feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance un-4er Title TI of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 20=(c) of the Act (section 603(x) (2)). 2. To the maximum extent possible, administrative staff shall be drawn fro= unemployed and underemployed persons (section 205(c) (20)) . Initials: Subgrantee Count: Deot. 00 81 -5- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Numbe 0 - t 1. PSE Projects Program. Subgrantee shall provide certain administration and - staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number M in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee' s deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other :leans. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page S, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County' s Manpower Project Office for verification of eligibility for participation. Initials: ,4.. Subgrantee County,Dept. -1- OOfi82 e PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number 40 `! ! 734 Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during -the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(l)(a) and (b)(i) , (ii), (iii) , and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Subgrantee County ept. -2- ooFd—.d% 04 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q IBJ Number 2 " — ` 2 4 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i) , (ii) , (iii) , and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English—speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub— stantial unemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor— porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non—selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c) , and 98.18(b)j . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401—D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35) . Initials: Subgrantee County Dept. —3— 09F84 84 i i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) QQ !y ,/ Number % V — t 3 `# 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regulars unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of�participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: _ :L4 ubgrantee County pept. -4- 09F85 td +,,,f .c r"5•'r4 'u i.,�.<vs.;..+sY3 '..::irt': n, raxa.' s.n..r. a+ 1 i.: ..F. PROGRAM OPERATING PLAN (CETA Title oI PSE Projects) Number 28 - 734 r 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee County PeFt. -5- 0088 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 2yQ - t734 1. PSE Project Job Positions. BYRON UNION SCHOOL DISTRICT (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #162 8/4/77- Custodian/Bus 8/3/78 Driver 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Subgrantee County Dept. 00F8'7 1 PROJECT BUDGET Number 2 8 - '7 3 4 1. PSE Project Budget. BYRON UNION SCHOOL DISTRICT _ (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) , 162 (1) Participant Wages $ 9,200 (2) Participant Fringe Benefits 2,920 (3) Training 1,200 (4) Supportive Services -0- (5) Administration 880 TOTAL (Project Payment Limit) $ 14,200 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 1152 of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: Subgrantee County Dept. VV�010 W Byron Union School CONTRA COSTA COUNTY ROUTE i BOX 48. ■YRON. CALIF. 94514 TLLE►HONE (415) 624-2128 Be It Resolved: ; Byron Union School District wishes to participate in the Contra Costa County CETA Ill PSE Projects, and hereby 1 ) authorizes the District Superintendent, Ted R. Hanberg, to execute all Agreements pertaining to the Public Service Employment CETA Title vi Project. Certified bys j Official city �? 219 22 D ate 00F89 r' In tha Board o; Supervisors 28 - 734 of Confra Costa County, Sate of California September 20 , 19 77 In the Matter of Authorizing the Director, Human Resources agency, to Execute Subgrant Agreements with Forty-Seven CETA •Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, -in accordance with each-Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project -Subgrantees, pending completion of Subgrant Agree- meats with each Subgrantee, and The Board having considered the recommendation of the Director, Human. Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees current-ly-acithorized to operate CETA Title VI PSE Projects in order to maintain project operations and corpliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Hurlan Resources Ageacy, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CX CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects-as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreemeat Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the data aforesaid. _ Ori fi- 1 Human.-Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this. Zntttday of September 19 77 County Auditor-Controller County Manpower Project Director J. R. OLSSON, Clerk Subgrantees By u-,�-�-v `f`n�4 Deputy Clerk Jeanne 0. `lacrl o nil RJP:dg 008M H-24 3/76 15m E: (ktachitivnt• to 0/20/77 Board Order) 1 6 t') , • 1 CETAVT PUKI.TC SIP.I(VICE 1?hJJ'I.c)1'ril:t9'i' PROJECT 5UBORANT ACRE1,11ENT ';V1:,CTPT.CNJ`r0N8 CIIART �(Jttc:l.ucic'a J't'o�rcCr: autltorJ.ied J`or .I.nip].cntantatl.on In Jttne and Aug%wL,-1h77} I. New PSE SubRrantees: MAXIMUM 12-MONTR PROJECT MAXIMUM SUBC1W,T AGREM-121,11 SUBCRAN'SEE PROJECT NUr{BER NUMBER OF JOBS PAYMENT LIMIT PAYrWNT LTHIT 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31 ,362 Inc. 2. Home Health and Counseling Services, Inc, 310 3 190704 3111 2 20,494 40,198 3. City of Pinola 312 3 40,810 313 2 26,017 314 1 13,025 315 1 13,025 316 1 11,750 105 ,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304B 3 31,612 305 5 50,074 124,372 5. Neighborhood house of North Richmond, Inc. 309 7 76,247 76,247 6. Los Mednnos Community Hospital District 322 4 431584 43,584 7. Alnmeda-Contra Costa Council of Camp Fire Cirls, Inc. 321 3 301989 301989 8, Lnki Research Institute, Inc, 327 5 581382 328 7 85,302 143,684 9. Pinole Family YMCA 300 4 38 ,980 38,980 10, Contra Costa Community College District 318 6 60,450 319 5 46,512 . 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 308B 3 44,963 94,159 12. Phoenix Programs', Inc. 329 7 68,946 68,946 13. Vew horizons Center,. Inc. 325 3 32,762 32,762 14. Contra Costa Children's Council 331 3 331152 3-3 115 t•.tt.IM06 Itl, LU J / 11 1,Ut11 a to tlul ) ► ago U1 !1 MAXIMUM 12-MONT11 111M.IEC7• MAXIMUM :; 11',(:H 11 r SUIIGHAN• I"E 1'Itt1,t1?f,"1' NUMBER NUMBER OF ,x311:; 11AYP11'"Wl* 1,1MPt' r1�1r11 rrr i.i;r, r 15, Social. Advoc:icte:l for Youth-Diablo Volley 333 7 $ 66,917 {t 66,917 16. Contra Costa Crini,u and Suicide Intervention 326 3 30,494 30,494 17. Eant County Resource Center, Inc, 33.7 3 ,37,706 37 ,706 18, International Institute of Alameda County 334 4 37 ,322 37 ,322 19. Mt. Diablo YMCA 301 5 43,776 431776 20. Region IX American Indian Council, Inc. 323 , 7 84,448 840448 21. Linton Business College, Inc. 320 3 23,872 23,872 22. tiusical Arts of West Contra Costa County, Inc, 330 3 32,778 32,778 Current PSE Subrrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921 2. City of Brentwood 173 3 321087 32)037 3. City of Concord 174 6 82,080 175 7 95,760 176 4 54 ,720 177 7 95,760 178 6 82,080 179, 7 95,760 180 6 821080 182 6 821080 183 6 82,080 •820,800 184 5 68,"400 4. City of El Cerrito 107 2 24,847 108 6 70,774 109 2 23.,34 6 3.10 7 0513-69 ill 1 14,051 140 3 321113 144' •1 10,715 259,015 5. City of Lafayette 145 1 12,436 008.M 148 1 131183 25,619 Lt.LL41UHtt4!ti{. LSt 7%-'v/ ! t tSSlal'tl U1"tISS i;j 1`411;4: .! U� /r y .— rtAumm l.2-•Mt?vrlt mtoirC'1` MAXII-IUM SUtSt;It,'tNT ACRE114,117. • . SllflGf:APt1'f?f; PRt?JI:CT NUMB1A NUMIWIR Ole J0118 PAYAII:I@T I.It•IIT i'A1'1t1?NT LIMIT 6. City of Martinez 1.85 3 421400 1858 2 27,803 186 1. 14,204 187 1 120600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43-1417 154 3 36,691 155 1 130140 156 7 107,015- 157 2 29,182 324,545 158 5 68,228 B. Pleasant hill Recreation and Park District 134 ? 1 11,].67 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57,107 117 4 57 ,107 136 2 261954 137 1 11,632 138 4 56,712 209,512 11 , Brentwood Union School District 150 4 50,584 151 3 34,614 ' 85,198 12 Byron � 13. John Swett Unified School District 103 . 6 681000 103B 7 761384 144,3814 3.4. Knightsen School District 104 1 12,819 12,819 15. Lafayette School District 105 3 39,200 1058 4 561034 106 7 95,234 190,468 16. Liberty Union School District 143 7 94,767 188 1 12,052 106,81 9 00893 l (Attachtnant to 9/20/77 Board Order) para 4 of liti.Zt-1UH 12—MON 11 PROJECT M&Kr-,vMI SUPICT"A"T SUBGRATTFE PROJECT NUMBER NUMBER Or' JOBS w Pr1YT•iT:n LIMIT PA.Y.11M."T T.TMI`i' � 17. Martinez Unified School District 146 5 $ 621,000 146B 2 29 ,058 9.11058 18. Mornga School District 1.02 2 23,475 1028 5 59,004 F,2 ,479 19. Mt. Diablo Unified School District 118 4 56,328 119 5 58,981 120 6 66,215 122 3 27,946 123 4 50,673 124 6 68j936 125 4 45,840 126 6 68,936 127 6 661215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,539 20, Oakley Union School District 159 4 52,703 159B 3 401788 160 4 5313.96 161 7 900200 236,587 21. Pittsburg Unified School District 149 3 36,382 149B 4 511558 87,940 22. Richmond Unified School District 112 6 63,302 113 6 65;664 114 6 651664 115 3 35731 230,361 23. San Ramon Valley Unified School District 1.42 1 121224 12,224 24. Housing Authorityof the County of Contra Costa 141 6 861623 861623 25. Stute of California 190 3 31.t754 191 2 201303 193 5 52' �� 599 194 1 10,506 8 115,162 i , 4 • l E In the Board of Supervisors of 'Contra Costa County, State of California December 6 . i9 77 In the Matter of Authorizing the County Manpower Project Director to Execute Certain CETA Contracts and Subgrant Agreements During the Week of December 5, 1977 - The Board having this day authorized the Director, Human Resources Agency, to execute, on behalf of the County, full-term novation contracts with thirteen service providers (for a total of sixteen contracts) recommended for funding for CETA Title I manpower programs in Federal FY 77-78, upon approval of said contracts as to legal form by the Office of the County Counsel, and The Board having authorized (by its order dated September 20, 1977) the Director, Human Resources Agency, to execute, on behalf of the County, standard form Subgrant Agreements with forty-seven (47) CETA Title VI PSE Project Subgrantees with effective dates between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects, and The Board having considered the report and recommendations of the County Manpower Project Director regarding the need to execute certain of the above-cited CETA Title I Contracts and CETA Title VI Subgrant Agreements during the scheduled absence of the Director, Human Resources Agency, in the week of December 5, 1977, through December 9, 1977, IT IS BY THE BOARD ORDERED that the County Manpower Project Director is AUTHORIZED, as an alternate in the absence of the Director, Human Resources Agency, to execute, on behalf of the County, such CETA Title I Contracts and CETA Title VI Subgrant Agreements as may be needed during said week, subject to the availability of funding. PASSED BY THE BOARD on December 6, 1977. 1 hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: " Human Resources Agency Witness my hand and the Seal of the Board of Supervisors Attn: Contracts & Grants Unit affixed this day er 19 of Deeeab77 cc: County Administrator _ County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director Deputy Clerk tl Jeanne 0. M- glia 008.9 H-24 3/7615m ■ ar _„-. . -. .,a..,,r'. . _-.:.*x.,.g.,,..,,�,49Yi:;_...w._. :.•. ... ..S.:s?....ffi�.u� x.. UZcx:'f":":'i. ..'�.:'i X="-r•, � . Contra Costa County Standard Form 1 SUBGRANT AGREEMENT ACETA Title VI PSE Projects) C 71977 '� Number 10 1. Agreement 'Ideatification. _ Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County) , for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: CONTRA COSTA CO1*fUNITY COLLEGE DISTRICT Capacity: Public Agency Address: 500 Court Street, Martinez, California 94553 3. Term. The effective date of this Agreement is August 8, 1977 and it terminates August 7, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 106,962 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement her o: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE DACE B. FINK Designee' ASSISTANT SECRETARY s Designate official capacity in public Recommended by Human Resources Agen y agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By authorizing execution of this Agreement) Designee ! Attest: Ss.s ,..,� (Designate official capacity) ' r c -7 (Form approved by County Counsel) D ed: Q2EC, ,1�` Microfilmed with board order 09Zest Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 7' 10 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allocable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Pavment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Patent Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this_Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: r` Subgrantee County opt. - 1 - 00897 Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI FSE Projects) Number 8 - 71. 0 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: Subgr ntee County ept. - 2 - Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 710 .1 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, - State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this*Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to _ this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. S. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Pay Went Provisions and the Program Operating Plan may be amended by a written administrative amendment eNecuted by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendr.cnts may not materially change the Payment Provisiona or the Program Operating Plan. 00 M. Initials: r Sub rantee County ept. —l— Contra Costa Countv Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) _ t Nu -110 mber 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two'independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, -their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic backgrctind, and that none shall be used, in whole or in part, for religious worship or instruction. Initials: 00900 Subgrantee County ept. —2— `JV VV ��-�r"-� .,;..:,;". .trx. i_ ..'"'• .s-:...�:,,Yas ...,., ._ _*.- _..,. _.. *c+..�—...._.�'a.... ._a..r..»a.,. "+4� x .. .. - .�.. ... _...�.5%;` _n. .r_—e ... _ .,�--- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) a Number � i 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees.. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subg antee County Pept. 00901 -3- i r SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number ll 1. . Compliance with Federal Requirements. Subgrantee shall comply with all _ Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. Project of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department' s Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Sub-rantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c. , shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Subgrantee County ept. -1- 0(( �nns�,G[�:7l/ SPECIAL CONDITIONS (CETA Title VI PSE Projects) umber� y ?v ' d 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such - documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. S. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under =6 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled :'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin f29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or reguiatio=s issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to progra= goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal ?Management Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial infor—tion pertaining to its program in accordance with County or Federal reporting require=eats, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agree-. a-z. 1 Initials: Subgra tee County kept. -2- 00903 SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q Number 2 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards) . Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent, conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay .incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum e:-:tent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 95.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. l Initials: Subgrantee County apt. -3- 00904 e'�'.t v- ,...h:w'C,;;'s,..+,..e;fY ' r t,, M %. -{'r_ri•:'i+*• .-.5r.. _... ri.yC. _ s�.g Ell SPECIAL CONDITIONS (CETA Title VI PSE Projects) {� Numbed U 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Subgrdntee County ept. -4- 00905 c7ea�s.o�.c�..._"... .,. _ .¢_... ., k�..}A ; ^ejK,'r+.7.qi; M ; ¢«'„Y• r: 4 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 2 R Number `� " a 1 © r Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Suborantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 01 (P.L. 8S-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for partic_pation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section .710 and 703(2)) . initials: �v/ Subgra tee County ept. _1_ OU406 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28-- 710 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)) . 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 7030)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 enga.ged are not covered by an applicable workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section-703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or tin County's review to assure that funds are being expended in accordance with the purposes and provisicns of the Act, including the maintenance of records to assist the Secretary or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . s Initials: Subgr ntee County ept. ouQ� -2- 1 ASSURANCES AND CERTIFICATION'S (CETA Title VI Subgrants) 28 ' X 10 Number - 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)) . 25. Its program makes appropriate provision for the manpower reeds of youth in the area served (section 703(15)) . 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1) (B) and 205(c) (1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the perfor*a..ance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide suff_cient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-Oevelopment skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604) . Initials: ' Subgrantee County ept. -3- w ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 'A� 8 � 10 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6) and 604) . 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)) . 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)) . 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a) (1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)) . 11. .lobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)) . n Initials: Subgra. tee Ccunty Dept. -4- _00909 i w 'S ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 ' 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 43-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the act (section 603(a) (2) (B)) to an area eligible for assistance Lader Title II of the Act shall only be used to provide project and program opportunities to persons r.c;;iding in those areas of substantial unemployment as defined in section 20-(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: �c Subgrantee County Pcpt. -5- 00.1910 nv xn PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number �+ 8 ' '7 _1 0 I. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s) . Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number U) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE' project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page S, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: Subgrantee Countyept. -l- 00tell1 �, rhF^ 5. ,�,:s 4 T '!'\• .. .. -. .u' .—..�...- ........a,a. a A.. . , _ ,. ...w. :,...-..' ... . . j,7q ti? is III PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q _ Number'4' " 710 Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)]. c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC) , including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii) , (iii) , and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: 1,e Subg antee County ept. ?_r`?'_ i� PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 E'q — 7 1 0 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i) , (ii) , (iii) , and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications) , in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)j. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: c .. Subgran ee County /Dept. -3- OU1ini3 PROGRAM OPERATING PLAN (CETA Title VI FSE Projects) Number 28 - 710 9. Public Service Employment Positions. Subgrantee shall comply with CETA _ regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; C. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. n Initials: -4- �- Subg antee County Pept. 00914 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 2 8 7 10 Number 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Tu-bhiantee County Dept. -5- 0 0 4-9 1 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) GJ Q8 Number 2 — L?y 1 0 I. PSE Project Job Positions. CONTRA COSTA COMMUNITY COLLEGE DISTRICT (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) 4318 8/8/77- Inventory Clerk 8/7/78 Trainee 6 72 #319 8/8/77- Custodian II 8/7/78 Trainee 5 60 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the orio"r written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Subgrantee County Pept. UU-91AL Sr PROJECT BUDGET Number 2 (9-- 7 1. PSE Project Budget. CONTRA COSTA COMMUNITY COLT.FGE nTSTRrrT (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #318 8/8/77- (a) Participant Wages $ 59,112 8/7/78 (b) Participant Fringe Benefits 1,338 (c) Training -0- (d) Supportive Services -0- (e) Administration -0- TOTAL (Project Payment Limit) $ 60,450 (2) #319 8/8/77- (a) Participant Wages 45,780 8/7/78 (b) Participant Fringe Benefits 732 (c) Training -0- (d) Supportive Services -0- (e) Administration -0- TOTAL (Project Payment Limit) $ 46,512 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 851"0' of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials: d-+ Subgrantee County/Dept. -1- 001'1 1 PROJECT BUDGET Q Number 9 8 — 7 1 0 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. 12-Month Project a. PSE Project. Project Term Payment Limits (1) # 318 8/8/77 - 8/7/78 $ 60,450 (2) # 319 8/8/77 - 8/7/78 46,512 TOTAL (Agreement Payment Limit) $ 106,962 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: 4 Subgrantee County Pept. -2- 00-918 � '�..::u. rk`-:.:v` .. F ,-.i-, t4.�. � -. •..`4 ..+- w..., .ip.:.. ..... __.+..,.r-&--,s .,4 x. .. .. ?�:�,..... _ - ��. is.tF�-0,.y f In tha Board of Supervisors r 28 " 710 of ,-onfro Costa County, Skate, of California September 20 , 19 77 In the Matter of Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, -in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- cents with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Sub-rant Agreements with each of the Subgrantees currently- authorized Lo operate CETA Title VI PSE Projects in order to maintain project operations and cocoliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. I hereby certify that the foregoing is a Crus and correct copy of on order entared on the minutes of scid Board of Supervisors on the data aforesaid. Ori g- -/Euman-P.esources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this ?nthday of Seotertber 19 77 County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director Subgrantees gyu—,� �/ • `�=��f, . Deputy Clerk Jeanne 0. `fa-140 RJP:dg H-24 3/76 ISm _ l � 6 (AiLachment ca 9/70/77 ikutrd Ordur} (.t:'i'A 'i`i"`i'i.T; VT 11U111,TC St?WWrl VII 11I'M ME14'i' PRtJECI`t' SUBORANT AGREEMENT S'M:.CTVTCA7'TON8 OAR- Oncl.udc.4 I'i:ojcc:tb till till)d.,.ecifw'.I.mplemetsLaLl.on .In Juia raid Attguut, �1.977) I. New 1,S1; Subp,2•.nitea.: MAXIMUM 12-MONTH PROJHCl` MAXIMUM SU13GRANT AGit1{i:.•.3 ::':_ SUCCItc INTr .' PROJECT NUMBER NUMBER OF JOBS PAYMENT LIMIT PAYM1s 41' LTMIT 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31. ,362 Inc. 2. Siome Health and Counseling; Services, Inc. 310 3 199704 37.1' 2 20,494 40,198 ' 3. City of Pinole 312 3 40,810 313 2 26,017 314 1 13,025 4' 315 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304B 3 31,612 305 5 50,074 124 ,372 5. Neighborhood house of North Richmond, Inc. 309 7 76,247 76,247 6. Loa Medanos Community Hospital District 322 4 431584 43,584 7. Alaineda-Contra Costa Council of Camp fire Girls, Inc. 321 3 30,9$9 30,989 8, Enki Research Institute, Inc, 327 5 581382 328 7 85,302 143,684 9. Pinole family YMCA 300 4 38 ,980 38,980 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 , 106,962 4 11. Carquinez Coalition, Inc. 308 4 49,196 308B 3 44,963 94,159 12. Phoenix Programs', Inc. 329 7 68,946 68 ,946 13. New horizons Center,, Inc. 325 3 32,762 32,762 14. Contra Costa Children's Council 331 3 331152 33 ,152 - . UV120 �, t Psi �1 's } �ti tM.LILL t.0 JI.-v"r 1r t,Uarti t raer) i ctt;a u4 !, 3IAMMUM 12-•MONTH PROJECT MAXUIUM l'1;CRAINT ACRE �UIiC1tAN'1'1s1% PROHM, NUI BER 3ili!•IBER 03.1 JOBS PAYMI)ERr 1,T MIT .. .� PAYX.V1;'!' 15. Social Advocates for Youth-••-Diablo Valley 333 7 $ 66,917 $ 6("917 16. Contra Costa Crisis and Suicide Intervention 326 3 301494 30,494 17. East County Resource Center, Inc. 33.7 3 37,706 37,706 18. lntern:ational Institute of Alameda County 334 4 37 ,322 37 ,322 19. Mt. Diablo YMCA 301 5 43,776 43,776 20. Region IX American Indian Council, Inc, 323 7 841448 84,448 21. Linton Business College, Inc. 320 3 230872 23,812 22. Nusical Arts of "..lost Contra Costa County, Inc. 330 3 32,778 32,778 Current_ PSI, Subrrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921. 2. City of Brentwood 173 3 32,087 32,037 3. City of Concord 3.74 6 82 ,080 175 7 950760 176 If 54,720 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 82,080 183 6 82,080 .820 800 184 5 68,400 ' 4. City of C1 Cerrito 307 2 24,847 108 6 70,774 109 2 21,346 3.10 7 8513.69 ill, 1 3.41051 140 3 321113 3.44 1 101715 t� 259,015 5. city of Lafayette 145 1 12,1x36 0U-921, 148 1 131183 ?5,619 i ry_ r tAt t F r MAXIMUM 17-MOIr''I'II 11HOJECT MAX7!'1I11•1 .':111"IRANT !'.1!1;1'!':!1*:'� S111(:1;ANITE I'R0JNUM111;It NUT-MMIt O .10115 I'AYMEN'I' LIMIT PAYIII' ,T I 6. City of Marthiez 1.135 3 112,400 10511 2 27,003 106 3. 14,204 3.07 1. 121600 91 ,007 7 , City 111-ttshurl; 152 2 26,872 153 3 43,417 154 3 36,691 155 1 13,140 156 7 107,015 157 2 29,182 324,545 158 5 681228 s B. Pleasant hill Recreation and Park District 134 1 11,3.67 135 1 11,685 22 ,852 9. City of Walnut Creel: . 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57 ,107 117 4 57 ,107 136 2 261954 137 1 110632 138 4 56,712 209,512 11. Brentwood Union School District 150 4 50,584 151 3 34,614 1 85,198 12. Byron Union School District 162 1 14,200 141200 13. John Swett Unified School District 103 6 68, 000 103B 7 76,384 1441384 1.4. !;night sen School District 104 1 12,819 12,83 9 15. Lafayette School District 105 3 391200 105B 4 561034 106 7 95,234 190,468 16, Liberty Union School DistrlcC143 7 94,767 188 1 121052 106,319 0011-22 1�4� 1 .f' Y`� (A`et acl:want to 9/20/77 Board Order) KNXIMM 1241011TH PROJECT M&KII-XIi sul"GUINT, SUBGRANTEE PROJECT NUMBER NUMBER OV JOBS PAYMENT LIMIT PAY'XIM'.1' 1.3MIT 17. Martinez Unified School District l46 5 $ 62,000 146B 2 29,058 91 ,058 18. 'Moraga School District 3.02 2 23,475 1028 5 59,001, 82 ,479 19. Mt. Diablo Unified School District 118 4 56,328 119 5 58,981 120 6 66,215 122 3 27,946 123 4 50,673 124 6 66,936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 440044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 521703 159B 3 40,788 160 4 530196 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36,382 149B 4 51,558 87,940 22. Richmond Unified School District. 112 6 631302 113 1 6 651664 114 6 651664 3.15 3 351.731 230,361 23. San Ramon Valley Unified School District. 142 1- 121224 12,224 24. housing Authori,t y**or the County of Contra Coag 141 6 861623 tr61623 25. State of California 190 3 311754 191. 2 20,303 193 5 5215()9 ' 194 1 10,506 U U 12 115,162 . V F� C In the Board of Supervisors of Contra Costa County, State of California December 6 . 19 77 In the Matter of Authorizing the County Manpower Project Director to Execute Certain CETA Contracts and Subgrant Agreements During the Week of December 5, 1977 The Board having this day authorized the Director, Human Resources Agency, to execute, on behalf of the County, full-term novation contracts with thirteen service providers (for a total of sixteen contracts) recommended for funding for CETA Title I manpower programs in Federal FY 77-78, upon approval of said contracts as to legal form by the Office of the County Counsel, and The Board having authorized (by its order dated September 20, 1977) the Director, Human Resources Agency, to execute, on behalf of the County, standard form Subgrant Agreements with forty-seven (47) CETA Title VI PSE Project Subgrantees with effective dates between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects, and The Board having considered the report and recommendations of the County Manpower Project Director regarding the need to execute' certain of the above-cited CETA Title I Contracts and CETA Title VI Subgrant Agreements during the scheduled absence of the Director, Human Resources Agency, in the week of December 5, 1977, through December 9, 1977, IT IS BY THE BOARD ORDERED that the County Manpower Project Director is AUTHORIZED, as an alternate in the absence of the Director, Human Resources Agency, to execute, on behalf of the County, such CETA Title I Contracts and CETA Title VI Subgrant Agreements as may be needed during said week, subject to the availability of funding. PASSED BY THE BOARD on December 6, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig. Hunan Resources agency Witness my hand and the Seal of the Board of Attn: Contracts b Grants Unit Supervisors cc: County Administrator affixed this 6th day of December 19 77 County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director , By -LLQ--.• U- '�'C-� >c�•, Deputy Clerk tl Jeanne 0. Maglio H-24 3/76 15m �� 9 Contra Costa County Standard Form • SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number 2 "Q = 71 T r 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services' to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County) , for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: CARQUINEZ COALITION, INC. Capacity: Nonprofit California corporation Address: 199 Parker Avenue, Rodeo, California 94572 (Mail: P.O. Box 307, Rodeo, California 94572) 3. Term. The effective date of this Agreement is August 1, 1977 and it terminates September 8, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $.94,159 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By fit�� R�V� f Designee Executive Director (Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By authorizing execution of t4i.s Agreement) Designee Attest: Deputy rirector (Designate official capacity) r-. o ' 3y (Form approved by County Counsel) Dated: November 28, 1977 nt Microfilmed with board order L•`��7�'� Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 11 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this.Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: Subgrantee Countk Dept. 00 � - 1 - - PFA rv'?P=Yti:S 4 C: Mt, w:Y.a ..♦ -,...✓.... n. x. a - v J _..i< .r.« Imam Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 2 8 m 7 l l y 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit ° agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: W 6 4 Subgrantee Count Dept. 09.12 7 2 - i Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 28- 711 s Number 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of°business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final-payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. V V�fGrc7 Initials: Subgrantee Count Dept. -1- _ v w Contra Costa County Standard Form • GENERAL C0N'DITIONS (CETA Title VI Subgrants) � � s Number 711 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. UUnitials: IAV, . Subgrantee County/Dept. -2- A mz� �ie i`Sh.My, `•-..E. .+.o.. �:'.L�... . .-..ptw,�, Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title 9I Subgrants) 2 m 7 1 1 Number "- 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. . Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this agreement will be funded by County under.a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgrantee To—unty Dept. 0U 3U -3- SPECIAL CONDITIONS j (CETA Title VI PSE Projects) Number 2 Q V - '711 1. Compliance with Federal Requirements. Subgrantee shall comply with all _ Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. Project of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this A;reement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment - of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Subgrantee Countk Dept. _1_ 00931 a SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 2 7 1 1 ' 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled `.'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CTR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, -and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: wf) Subgrantee Count Dept. 00932 -2- SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q }y Number 2y m ` 1 1 13. Property Management Requirements. Subgrantee shall comply with applicable - requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular RIC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent. conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgr.ntee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. %enotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgrantee Count Dept. QVaf 33 -3- I SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number2 "R _ 7 1 1 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Subgrantee County Dept. -4- 00�'34 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 "R - 7 1 1 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee`s governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a)'(9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352), and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). ' Initials: IVVU�, Subgrantee TountJ Dept. U[)�3J -1- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 711 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)) . 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)) . 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section -703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Subgrantee Count Dept. 00!P- -2- �., ., ..:: ,fit- � k"• 3',,. � s�... s ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) , Number 28 - 711 - 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area' served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1) (B) and 205(c)(1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCG 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the perfortance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604) . Initials: , Subgrantee County Dept. 0 0 9 W -3- tww,a.'k.."s,",'. r ;."'-.;i r.kK, i'3,. +»'9.. .43,r,".: 'L`.• "'.w. +s:.-.._ -,. r�'_i,A1 `3,..i.. M.irr:u...?- R_.. .. AO ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 v m 7 1 1 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6) and 604). 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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) . 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in 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 that no job will be filled in other t1lan an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)) . Initials: jos Subgrantee Count. Dept. Oo ccn) -4- i s ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Numbei2Q 17 — 7 1 1 i 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)) . Initials: l Subgrantee CountJ Dept. 0U�'39 -5- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) QQ Number 8 — 71 1 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon— sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (r) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici— pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD—referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree— ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: Subgrantee County Dept. —1- 00,940 .. ate PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) R Number 2 " m 7 1 1 Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)). c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 Weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Subgrantee County Dept. -2- 00'evA PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 711 (3) In hiring such new participants hereunder, Subgrantee shall - allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)) . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Subgrantee County) Dept. -3- o06r-4z y F. PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 711 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: � 6— Subgrantee County Dept. -4- OW43 A PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 1'� NumberQ y — ` 1 1 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. i 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee Coun y Dept. OV. y1 -5 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number- 28 = 711 ` 1. PSE Project Job Positions. CARQUINEZ COALITION. INC. (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #308 8/1/77- Administrative Trainee 1 12 7/31/78 Intermediate Typist- Clerk 1 12 Community Aide 2 24 #308B 9/9/77- Administrative Trainee 1 12 9/8/78 Community Aide 2 24 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: W"-' Subgrantee Countyl Dept. 0().m-" PROJECT BUDGET Number28 - 711 1. PSE Project Budget. CARQUINEZ COALITION, INC. (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #308 8/1/77- (a) Participant Wages 36,300 7/31/78 (b) Participant Fringe Benefits 8,600 (c) Training 600 (d) Supportive Services -0- (e) Administration 3,696 TOTAL (Project Payment Limit) $ 49,196 (2) #308B 9/9/77- (a) Participant Wages 27,600 9/8/78 (b) Participant Fringe Benefits 12,166 (c) Training 1,600 (d) Supportive Services -0- (e) Administration 3,597 TOTAL (Project Payment Limit) $ 44,963 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials: Subgrantee Count Dept. -1- 0 0!qj 4S i I 1 PROJECT BUDGET Q Number v `1� 'j 1.1 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. 12-Month Project a. PSE Project. Project Term Payment Limits (1) #308 8/1/77 - 7/31/78 $ 49,196 (2) #308B 9./9/77 - 9/8/78 44,963 TOTAL (Agreement Payment Limit) $ 94,159 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: Subgrantee Count4 Dept. -2- 0o X47 i PO t In t to Board of Supe_ryisors of 28 r711 Contra Costo County, S,atte of California September 20 , 19 77 In the Matter of Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, -in accordance With each:Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 .(referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project -Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreemeats with each of the Subgrantees currently- authorized to operate CETA Title VI PSE Projects in order to maintain project operations and coapliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Hucian Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects-as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. 1 hereby certify the the foregoing is o true and correct copy of an order entered on the, minutes of said Board of Supervisors on the date aforesaid. Ozig- ;Human-Resources Agency `witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator cfnxed this Zn1hday of September' , 19 77 County Auditor-Controller County Manpower Project Director J. R. OLSSON, Clerk Subgrantees gy v C�`�i��`,...: Deputy Clerk Jeanne O. 'lacy RJP:dg `f 0.1,48 H-24 3/76 15m (AtiVaehllwne to 9/20/'/7 llo:i d Order) 4 "a'` � : +• C:VTA '111i,f; VT 1'U111,TC SlUtVTCr *lPLOYh111..N'1' 1'ItC)JECT ;;U11nRANT At11trRMrN i, Sl'1?CT1-4T.grioNS CHART Unelude:, Projects authorized for implementation in June and Auguaat, 1.i117� I. New PSE SubArantees: . MAXIMUM 12-MONTH PROJECT MAXIMUH SUl1CRAVT E.G1tl:i:1•I0T SUBGRANTEE PROJECT NUMBER NUMB M. OF JOBS PAYMENT LIMIT PAYMrNT LIMIT 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31 ,362 Inc. 2. 11omc Health and Counseling Services, Inc. 310 3 190704 311, 2 20,494 40,198 3. City of Pinole 312 3 409810 313 2 269017 ; 314 1 130025 315 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304B 3 31,612 305 5 50,074 124,372 5, Neighborhood house of North Richmond, Inc. 309 7 76,247 76,247 6. Los Hadanos Community Hospital District 322 4 431584 43,58 + 7, Alameda-Contra Costa Council of Camp Fire Girls, Inc. 321 3 3019$9 30x989 8, Enki Research Institute, Inc. 327 5 58,382 ' 328 7 85,302 143,684 9. Pinole Family YMCA 300 4 38,980 38,980 10. Contra Costa Community Collage District 318 6 60,450 319 5 46,512 . 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 308E 3 44,963 94,159 12, Phoenix Programa', Inc. 329 7 680946 63,946 13. Now Horizons Center,: Inc. 325 3 32,762 32,762 14. Contra Costa Children's Council 331 3 33,152 33 ,152 ti �J%A, lUluti' 4%V LU .41�•U1 11 0UttLU ULUULJ t a)."U U1 t, MAXIMUM 12-MON"TII PROJECT MAXIrIO SUJ;c;HANT AcRi:FNIII.NT• .- SU I1GIIANT1-4.1: PROJECT NUMBER NUMBER OF JOBS NAYMI:N'T LIMIT PAY,% 't 1 I,I Al!T 15. Social Advocates for Youth---Diablo Valley 333 7 $ 66,917 66,917 16. Contra Costa Crisis and Suicide Intervention 326 3 30,494 30,494 17. Etat County Resource Center, Inc. 31.7 3 37,706 37,706 18. Internationnl Institute of Alameda County 334 4 37 ,322 37 ,322 19. Mt. Diablo YMCA 301 5 439776 43,776 20. Region IX American Indian Council, Inc. 323 7 84,448 84,448 21. Linton Business College, Inc. 320 3 23,872 23,872 22. 11u3ical Arts of West Contra Costa County, Inc. 330 3 32,778 32,778 Current PSR Sub rantces 1. City of Antioch 1.69' 3 42,000 170 6 781416 171 3 419105 172 1 1.20400 173,921 2. City of Brentwood 173 3 32,087 32,087 3. City of Concord 174 6 82,080 175 7 95,760 1.76 4 54,720 177 7 950760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 82,080 183 6 820080 .820,800 184 5 68,400 4. C#y of El Cerrito 107 2 24,847 108 6 709774 109 2 21,346 1.10 7 85,169 111 1 3.41051 140 3 32,113 259,01s i n 1.44 .1 10,715 d(�:�50 5. City of Lafayette 145 1 12,436 148 1 131183 251619 1 L 1 9 4 i .T ti �R. t 1 1 � w� �. ui�• t l,U '1,•" ( I l 1111,1"U Ul'11411;') 3 of ,. • i' 1t MAXIMUR 1.2-mown Pitojrri' MAXIMUM SU),'GRANT SitiiGltAh'1'C!; PJton.cr NUMBER NUMBER OTS' JOBS �i'AYMi:N'P 1,1141T � PAYMENTi.IFIt'i' ._. 6. City of Martinaz 185 3 42j400 1858 2 27,803 1861 14,204 187 1 12,600 97 ,007 7. City Pittsburg 1.52 2 269872 153 3 43-1417 154 3 36,691 155 1 13,140 156 7 107,015 157 2 29,182 324,545 158 5 68,228 8. Pleasant Hill Recreation and Park District 134 1 11,167 135 1 11,685 22,852 9. City of Walnut Creak . 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57,107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11. Brentwood Union School District 150 4 50,584 151 3 34,614 ' 85,196 12. Byron Union School District 162 1 140200 141200 13. John Swett Unified School District 103 6 681000 103B 7 76,384 144,384 3.4. inightsen School District 104 1 12,81 9 12,839 15. Lafayette School District 105 3 59,034 1058 ► a 106 7 95,234 190,468 µ 16. Liberty Union School District 143 7 94,767 188 1 12,052 106,82 9 VU!+51 6 } s" (A'ttachma=it to 9/20/77 Board Order) Page 4 of 4 i; Mt1)CZI+NM 12-MON'£ll PROJECT i+itl},I2-M SUIiGRA�1T ACF1.0.1L : S'UBGRANTl?E PROJECT NUMB,M- EMBER OT' JOBS PAYMENT LZI IT PAY,tI::IT I.T2t1T 4 17. Martinez Unified School District 146 5 $ 621000 146B 2 29,058 91,058 18. Moraga School District 102 2 23,475 1028 5 59,004 82,479 4. 19. Mt. Diablo Unified School District 118 4 56,328 119 5 58,.981 120 6 661215 fi 122 3 27,9116 123 4 50,.673 124 6 681936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 440044 130 4 51,711 131 4 41+,027 132 4 350359 741 ,539 20, Oakley Union School District 159 4 52,703 1598 3 40,788 160 4 531196 g 161 7 900200 236,887 21. Pittsburg Unified School District 149 3 36,382 149B . 4 51,558 87,940 22. Richmond Unified School District 112 6 63,302 113 J 6 651664 114 6 651664 115 3 35t731 230,361 23, San Ramon Valley Unified School District 142 1 121224 12,224 24, !lousing Authority'of the County of Contra Costae 141 6 86,623 865623 25. State of California 190 3 33.1754 191 2 201303 t 193 52,599194 1 10,506 , OV-5cc�� iG 115162� , , 4Yt cif Contra Costa County Standard Form SUBGRANT AGREEMENT i31 i (CETA Title VI PSE Projects) 28 7 Number 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: ALAMEDA-CONTRA COSTA COUNCIL OF CAMP FIRE GIRLS, INC. Capacity: Nonprofit California corporation Address: 1201 East 14th Street, Oakland, California 94606 3. Term. The effective date of this Agreement is July 25, 1977 and it terminates July 24, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 30,989 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE ByBy, Designee Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By authorizing execution of this Agreement) Designee Attest: (Designate official capacity) � L By (Form approved by County Counsel) Dated: OV53 Microfilmed with board order i Contra Ccsta County Standard Form PAYME14T PROVISIONS (CETA Title VI PSE Projects) 28 - 707 Number 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B. such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than. 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: Subgrantee Coun y Dept. owc M - 1 - Contra Costa County Standard Fora PAYMENT PROVISIONS (CETA Title VI FSE Projects) 28 - 707 Number 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Pa)rment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also; agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: 471 Subgrantee County Dept. QU�'5 5 — 2 — Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) n 8 _ 7 ^ 7 Number U 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. b. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment ProvInlons or. the Program Operating Plan. 00"t"5 ) Initials: ";Pk '& Sub rantee Coun Dept. -1- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 R O Number `� 7 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that neve shall be used, in whole or in part, for religious worship or instruction. 00q-5 Initials Subgrantee County Dept. -2- + - •- xa ..;., -,c' ti_. v �-i..�.� w. ..,n:..c:`. ...c.'''. .w.=s.r.a..:..:i rrr�i« r Oji•>.� " 4 d" td L Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) ' O Number 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Afartinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgrantee Couady Dept. 00oczJ -3- ASSURANCES AND CERTIFICATIONS (CETA Title VI Suhgrants) R Number 2 " _ 7 0 7 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgaLion of the amendments or revisions that .it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(x) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII of that Act no person in the United States shall on the grounds of race, color, sex, or national origin, be excluded from Darticipation in, be denied the benefits of, or be otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age,- political ge,political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: _ Sub ntee Coun Dept. 009059 -1- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 28 - 707 Number 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 203(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvanta.-ed, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . f0 tials: - Subgrantee Coun y Dept. -2- o�•. D ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 "Q 07 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)) . 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1)(3) and 205(c) (1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(0)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing comple•.,.entary training and manpower services designed to: (a) promote the advancement of partScipants to employment or training opportunities suitable to the individuals involved, whethc+r in the public or private sector of the economy, (b) provide participants with skill_: for which there is an anticipated high demand, or (c) provide participants with self-.',:Velopment skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604). Initials: 7 Subgrantee Count Dept. o0Psl -3- I i ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 707 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604). 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in 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 that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)). Initials: 'A� Z4, ubgrantee Count Dept. UU.S62 -4- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number28 - 707 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 whet` a participant is exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a)(2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: SuSu g Count Dept. _5_ ou%63 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 707 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number U) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: Subgrantee County Dept. -1- I 000tH PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 - 707 8 - 7O Number Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A. Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Su srantee Count Dept. -2- OU1ap-S5 1 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 0 - 707 ry Number 2 y ` O (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)] . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: I7 u grantee Cou'ntfy Dept. -3- QUc6 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 9 R Number 2 `� i 7 07 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: AJ '14 Subgrantee County Dept. -4- UU�6'1 _) .... _.n.. 7 •- r :r PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 - 707 8 — Number O 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised), Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work—related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Su grantee CountJ Dept. —5— 00fe!68 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) R Number 2 — 7 0 ALAMEDA-CONTRA COSTA 1. PSE Project Job Positions. COUNCIL OF CAMP FIRE GIRLS. INC. (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of _ Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #321 7/25/77- Community Outreach 7/24/78 Worker 2 23.60 Neighborhood Program Assistant 1 12.00 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therP for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: G&_ Subgrantee Coun y Dept. PROJECT BUDGET �i Number 2 " _ 7 O7 ALAMEDA-CONTRA COSTA 1. PSE Project Budget. COUNCIL OF CAMP FIRE GIRLS, INC. (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project under this Agreement in accordance with the 12--month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) #321 (1) Participant Wages $ 26,547 (2) Participant Fringe Benefits 4,442 (3) Training -0- (4) Supportive Services -0- (5) Administration -0- TOTAL (Project Payment Limit) $ 30.989 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower. Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: Subgrantee Count Dept. 009 to SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 707 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph S. Project of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi— tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici— pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Subgrantee Count4 Dept. —1- 00fa)71 SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 707 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, stat:.stics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled "Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection. Agency. 11. Programs Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: Subgrantee Cro�unt Dept. 0-9" 72 -2- s, mut.'? .. -.'-'::�..:..,,.,�.. c. .':::. ..: .� 4i .•?s...-.t« ,;; ,.. "`,.:.b t.-c. ::t ? •�'�.�-.tm. ., v... ,w .. "i�'�E 4t' SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 707 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards) . Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, Employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFF Subtitle A, Section 93.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgrantee Count Dept. oo"' -3- r SPECIAL CONDITIONS (CETA Title VI PSE Projects) 28 - 707 Number 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Suburantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: ke Subgrantee Coun Dept. 00574 4�» Board Of SUper7iSOrS 28 - 707 of ontro Costa County, Sate of California September 20 1 79 77 In the Mat:er of r Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreeoents with Forty-Seven CETA Title VI PS- Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and A Dust lo, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, nu&tlst 15, 1977 (referenced above), and September 13, 1977, the County Auditor—Controller to make initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Ajreements with each of the Subgrantees currently- authorized to operate ZETA Title VI PSE Projects in order to maintain project operations and co,p'_iance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard forte Subgrant Agreements with the forty-seven (47) CETT Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth. in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the, minuses of scid hoard of Supervisors on the data aforesaid. Ori g• Hunan Resources Agency Witness my hand and the Seal of the Board of At t r.: Contracts h Grants Unit Supervisors cc: County Administrator affixed this__Znt,�;doy of Seutember 79 77 County Auditor-Controller County Manpower Project Director J. R. OLSSON, Clerk Subgrantees gyc�-�-�-v L= "fir===-r�i, , Deputy Clerk .Jeanne 0, `face 0- P.JP:dg 00:975 H-2ij;7G :5m l r i .I r€, (Actaclimvne to 9/20/17 Imard Ordor) o i ('V.TA TITLE VT PUIII.TC SIAVT('E VIII'LOYMENT PROJECT SUBGRANT ACRE1,MR141' SMIC,TI'TCAT'f17N5 01h)t')' 6:1icJ.uEIVS l'roJcC�:z WIL'tuira.zed EM.- 11111lunciltaLl.on 1.11 June and � ttgtu;L,r�1.9'1%) 1. New PSI. Subgrantees t ,F MAXIMUM 12-MONTH PROJECT MAXIMUM SUBGRANT AGRI:1:M]";T SUECRANTRE PROJECT NUMBER NUMBER Or JOBS PAYMENT LIMIT PAYMENT LIMIT 1. Contra Costa Legal Services foundation, 302 3 $ 31,362 $ 31 ,362 Inc. 2. Home Health and Counseling Services, Inc. 310 3 199704 311' 2 20,494 40,198 3. City of Pinole 312 3 401810 313 2 26,917 314 1 13,025 315 1 13,025 316 1 111750 105,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304B 3 31,612 305 5 50,074 124,372 5, Neighborhood House of North Richmond, Inc. 309 7 76,247 76,24.7 6. Los Medanos Community Hospital District322 4 43 584 43,584 7. Alnmcda-Contra Costa Council of Camas Fire Cirls, Inc. 321 3 301989 301989 8, Enki Research Institute, Inc, 327 5 58,382 328 7 85,302 143,684 9. Pinole Family YMCA 300 4 38,980 38,980 10. Contra Costa Community College District 318 G 60,450 319 5 146,512 , 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 308B 3 44,963 94,159 12. Phoenix Programa', Inc, 329 7 68,946 68,946 13. New Horizons Center,. Inc. 325 3 32,762 32,762 r i; 14. Contra Costa Children's Council 331 3 33 ,152 331152 00911 n k {I ;a) 4�,. S' V tt achmeto: to 9/20/77 41 t. Z ul t; MAX3MUM 12-MONT11 PRIOJECT MAXIMUM SUS;C1tA?IT .;UNIZA"I'1EE PROJECT NUMBER NI Ui•ti11,R 011 JOBS PAYMPINT 1.1147'!' f 15. Social Advocates for Youth--Diablo Valley 333 7 $ 66,917 66,9.17 16. Contra Costa Crisis and Suicide Intervention 326 3 30,494 30,1191 r 17. East County Rct:ource Center, Inc. 33.7 3 37,706 37,706 18. lntcrnationnl Institute of Alameda County 334 11 37 ,322 37 ,:322 19. Mt. Diablo YMCA 301 5 43,776 431773 , 20. Region IX American Indian Council, Inc. 323 7 84,448 84,4118 F= 21. Linton Business College, Inc. 320 3 23,872 23,872 ` 22. tiueicnl Arts of Hest Contra Costa, County, Inc, 330 3 32,778 32,778 j• Current PSE Subrrantees 7 1. City of Antioch 169 3 42,000 170 6 7 8,416 171 3 411105 172 1 12,400 173,921 ' 2. City of Brentwood 173 3 32,087 32,037 i 3. City of Concord 174 6 82,080 175 7 95,760 176 4 511 ,720 1.77 7 95,760 178 6 82,080 179. 7 95,760 , 180 6 82,080 182 6 82*1,080 183 6 82,080 : a2a,8aa 184 5 68,400 4. Ci•t.•y of E1 Cerrito 107 2 24,847 108 6 70,774 109 2 21,346 1.10 7 8513.69 ill 1 14,051 , 140 3 32,113 3.44 1 10,715 259,015 5. City of Lafayette 145 1 12,436 009 � Y ;. 1118 1 13,183 25,619 :. :Y 5 } �,'.: i tsClis;srtit ;c, i)r'=n)f I'1 Stt�aYcl t)Y�i�rr.) Is}�,�: 3 MAMMUR 3.2-MOi+T11 PROJECT 14AXTNUM SUI:(.KANT ACIU.l141?;1,1' S1t1iC1;AN'1')~1: PROJECT NUMBER NUMBER Or JOBS PAYMENT 1.11.111 •� PA1'1.11.1iT 1.11.1IT 6. City of Martinez 185 3 421400 185D 2 ?71803 I$6 3. 14,204 187 1 12,600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 4S,417 154 3 36,691 155 1 13,140 156 7 107,015• 157 2 29,182 324,545 158 5 681226 • 8, Pleasant hill Recreation and Park District 134 1 1113.67 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57,107 117 4 57 $107 136 2 26,954 137 1 11,632 138 4 56,712 209,512 11, Brentwood union School District 150 4 50,584 151 3 34,614 ! 85,198 12. Byron Union School District 162 1 14,200 14 ,200 13, John Swett Unified School District 103 6 68, 000 103B 7 76,384 144,384 3.4. lnightsen School District 104 1 12,819 12,8x9 15, Lafayette School Distract 105 3 39,200 105B 4 56,034 106 7 951234 190,468 16. Liberty Union School District 143 7 94,767 188 1 12,052 106)81 9 (ACtacl:ment to 9/20/77 Board Order) I�zg�� o.. b'ii`;Il ,u 12—\1101 'II PROJECT h1A.v,I:T1.4 SUrCPJMT SUDCRA`1TI?T's PROJECT ►IUMBER DUMBER OF JOBS PAYI•IEAT T..P41T 17. Martinez Unified School District 146 5 $ 62,000 146B 2 29,058 91,058 18. Moraga School District 3.02 2 23,475 102D 5 59,004 8211.79 19. Mt. Diablo Unified School District 118 . 4 56,328 ` 119 5 58,'981 120 6 G60215 122 3 27>.946 123 4 50 673 124 6 68,•936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 441027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 159E 3 40,788 160 4 53,196 161 7 90,200 236,887 21, Pittsburg Unified School District 149 3 51,382 558 87,940 1498 4 , 22. Richmond Unified School District. 112 6 63,302 113 6 651664 114 6 651664 115 3 351.731 230,361 23. San Ramon Valley Unified School District 142 1 121224 12,224 24. Housing Authority'of the County of Contra Costa 141 6 86,623 86,6"23 25. State of California 190 3 312754 191 2 20,303 193 5 52,599 1941 10,506 115,162 m Contra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number 28 - 702 702 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: HOME HEALTH AND COUNSELING SERVICES, INC. Capacity: Nonprofit California corporation Address: 110 Petticoat Lane, Walnut Creek, California 94596 3. Term. The effective date of this Agreement is July 20, 1977 and it terminates July 31, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 40.198 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan ' (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By 11 pjodto-3ul Designee Designate official capa itt•`�.n,•gublic Recommended by Human Resources Agency agency or corporation an a,EE4.x corporation seal or atta h a certified / copy of the governing bo y resolu`t° on By / �7' authorizing execution of t O egrgep.t Designee -1� �) �� J ') y ; Attest: ��Cf-arak 4b Designate official capacity) By (Form approved by County Counsel) Dated: n n 4WrProti)MWJ with bvi) board order �80 i Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 28 - '702 t 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. S. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the foie required by County, showing the allowable costs that have actually been incurred by Subgrantee under this_Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Pa�-ment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: SubgraTitee County Dept. _ 1 _ 0981 I Contra Costa County Standard Fora PAYMENT PROVISIONS (CETA Title VI PSE Projects) iJ n Number 2 8 — � �G ! 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. S. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: &ee Subgra tee County Dept. a 00408O - 2 - Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) o Number 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Natwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. Initials: �✓ Subgr tee County Dept. -1- .�. n M n �� X�sk�fi' '."}. ..�•,;y r.'�. W.?:.� � .--..7y., ...'r.��+"=-� �.t-� �:. -. ....+ -,.,> -..GXr... �."�+'n�;a�d !6:�, .�+�.Y�.. a. . ,... ...,.[tM.. �r3�'.. ."sir.;a: �NS� Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 8 — 7 O Number 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreent is by and between two'independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall- be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or etlinic background, and that none shall be used, in whole or in part, for religious worship or instruction. ` Initials: 0i'1., SubF antee County Dept. -2- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) — Number 28702 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. A11 notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgr ntee County Dept. ooq�8 —3— SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 702 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Subgr tee County Dept. -1- 00r38 S _•a'„sn."_'.` .1�� .�''l 3'•rr¢�+�{cti.. �:i;.:. .,'�� :,'�"-:.a. .. . ...w.- ..:'S3.,t.-- .. K ,..�:`..i J�ac2Na-s. - . .� ... .e .i:+. :, ..- - '� ... - t �f'Q��._,, �,;„�`r• - ��'-X.C- ?.,r. „.g_1 �°',�.�•.• "i..r-.moi-�_. `sF'?,:''. .;.:';: �:.: x ?s?_ .'. tsr .^a `h.:Ss: ui-'"�'' �,... �..: _��eis'kt.«7 .... aY .. �•..e�: .y .f ?* ��.x,'n`�.-.e_. za r. ''. -- _ 13. 4 'ka SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 700, 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.'Equal Employment Opportunity,” as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60) . Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin 7,29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management- Circular FMC 74-7, Attachment G, Paragraph 2., pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shrill ensure that they are used solely for purposes authorized under this Agreement. Initials: �!f SubgraAtee Count;: Dept. 0V �•! -2- SPECIAL CONDITIONS (CETA Title VI PSE Projects) 28 - 702 Number 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500) . Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular :21C 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent, conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertisin.g, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee`s records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFF Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her inanediate family is already employed in an administrative capacity by Subgrantee. Initials: /v Subgr tee County Dept. -3- GUbs SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q }y 02 4 Number tt7) ` 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any ' subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: " ' G Subgr ntee County Dept. -4- 0(W 89 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 28 - 702 Number : Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(x) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352), and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement), and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 LTSC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act wl'11 discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 1.0. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Su gr tee Count; Dept. 00.'90 -1- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 28 ' '72 Number 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . i Initials: Subg ntee County Dept. 09001VJ -2- ems, : 5. «�.z�•.. " .;. ," "`• .. _..- ...�,.�--.�...:�,4., _`... <_._.�t.z ., a ._. a+... i.. . . ._. � - ,:,✓"^�jyp�7y v i ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 702 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). , 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local mi.niwum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It ui.11 comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1) (B) and 205(c) (1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c) (1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the perforitar_ce of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing comply:.;entary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-e'.,!vclopment skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604). Initials: Subgr tee County Dept. o()ps2 -3- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 28 - 702 Number 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604). 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c)(21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)) . 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in each promotional line in no way infringe upon tiie promotional opportunities which would otherwise be available to persons currently employed in public service jobs not subsidised under the Act, and that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)). 7 Initials: Subg fi — tee County Dept. 00093 -4- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Q Number 2 8 — 7 09 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a)(2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: _ Subgr ntee County Dept. _5_ ou:9.94 'I PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 - 702 w - Number 2 Vu 7 0 2 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (0) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: Subgraftee County Dept. -1- OU�`9 13 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) �y Number 2 8 L O Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)]. c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii) , (iii) , and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Subgr ntee County Dept. -2- 00 9 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q n Number 2 8 — 7 09, (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for. Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)]. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: CA Subgr tee County Dept. -3- 00%0:9 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number = 702 `1 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; C. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: vS (P u gr -4- ntee Coun y Dept. 0U Q,!Q PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 702 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgr tee County Dept. -5- 00 1099 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Q Number V 7 0 2 1. PSE Project Job Positions. HQMF HEALTH AND COUNSELING SERVICES, INC. (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #310 7/20/77- Clerk Typist 3 36 7/19/78 #311 8/1/77- Driver 1 12 7/31/78 Dispatcher 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: w ' Subgra tee County Dept. 01000 PROJECT BUDGET Number 2Q y — 7 0 2 1. PSE Project Budget. (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #310 7/20/77- (a) Participant Wages $ 15,498 7/19/78 (b) Participant Fringe Benefits 2,956 (c) Training -0- (d) Supportive Services -0- (e) Administration 1,250 TOTAL (Project Payment Limit) $ 19,704 (2) #311 8/1/77- (a) Participant Wages 16,298 7/31/78 (b) Participant Fringe Benefits 2,812 (c) Training 207 (d) Supportive Services -0- (e) Administration 1,177 TOTAL (Project Payment Limit) $ 202494 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials: Subg antee County Dept. PROJECT BUDGET Q Number 8 — 7 02 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. 12-Month Project a. PSE Project. Project Term Payment Limits (1) #310 7/20/77 - 7/19/78 $ 19,704 (2) #311 8/1/77 - 7/31/78 20,494 TOTAL (Agreement Payment Limit) $ 40,198 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: Subgr ntee County Dept. -2- 01002 H, ...'`.'! :.. •r'^'x'Tx .y-;-w y ;-0'41 T_ WOE- In tha Board o7 Supervisors Of 28 - '702 Contra Costa County, Sate. of California September 20 119 77 In .he Molter of Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, •ia accordance with each -Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project -Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees currently- authorized to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY TETE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects-as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with i Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. 1 heraby certify that tha foregoing is a true and correct copy of an order entered on tha minutes of said Board of Supervisors on the date aforesaid. Orig- ;Numan-Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts S Grants Unit Supervisors cc: County Administrator affixed thisZDthdoy of September 19 77 County Auditor-Controller County Manpower Project Director J. R. OLSSOy, Clerk Subgrantees By Vis— -t/ C�`�n��-� Deputy Clerk Jeanne D. 'tail"o 01003 RJP:dg H-24 31-36 ISm (ACl'o6w%vnV to 9/20/17 11,oard Order) CVTA 'MI'LE, VT. PURT.TC 81,ltV CE 11411LO MEN1 PROJECT ,uMIRANT AGREEMENT S1'1.CTVTCN1''T0NS CHART (fnal.udr.:,' P1:0joet.8 Lill0101*1ZOd fait: .11111 .cuiet1U10.011 In June quid Aur ti:ct, 1,(M) I, New PSE Subgrantecs: MAXIMUM 12-MONTII PROJIsCT MAXIMUM SUBG1{ANT SUECRA`ITEE PROJECT N%1BER NUMBER OF JOBS PAYMENT LIMIT PAYI.11 NT 1 TMIT 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31 ,362 Inc. 2. Hoare health and Counseling Services, Inc. 310 3 19,704 2 40.198 , 3. City of Pinola 312 3 40,810 313 2 26,917 314 1 13,025 315 , 1 13,025 316 1 11,750 105,527 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304B 3 31,612 305 5 50,074 124,372 5. Neighborhood 11ouse of North Richmond, Inc. 309 7 76,247 76,247 6. Los Medanos Community Hospital District 322 4 43:584 43,584 7. Alameda-Contra Costa Council of Camp Fire Girls, Inc. 321 3 30,989 301989 8. Enki Research Institute, Inc, 327 5 581382 328 7 85,302 143,684 9. Pinola Family YMCA 300 4 38,980 38,930 10. Contra Costa Community Collage District 318 6 60,450 319 5 46,512 . 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 308E 3 44,963 94,159 12. Phocnix Program', Inc, 329 7 68,946 68,946 13. New horizons Center,, Ine, 325 3 32,762 32,762 14, Contra Costa Children's Council 331 3 331152 33 ,152 01004 �iti( 1.1C}Iri;C ltl LO 9/Zu/I7 11W,%l'tl 01%lec) MAXIMUM 12-MON'I'll P1;a.31 T MAXIMUM ffl',GRANT U}}C1:APS'1'}iSs 1'ROJI'MT NUMBr1k NUMBER 01. JU}SS 1'AY�ti;id'1' S,7141'1' 15. Social Advocates for Youth-Diablo Valley 333 7 $ 66,917 $ GG,91`l 16. Contra Costa Crisis and Suicide Intervention 326 3 30,494 30,49/1 17, East County Resource Center, Inc, 33.7 3 37,706 37 ,706 18. International Institute of Alameda County 334 4 37 ,322 37 322 19. Mt. Diablo YMCA 301 5 43,776 43,776 20. Region IX American Indian Council, Inc. 323 , 7 84,448 84,448 21. Linton Business College, Inc. 320 3 23,872 23,872 22. Nusical Arts of West Contra. Costa County, Inc. 330 3 32,778 32,778 I• Current FSE: Subgrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 411105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 32,057 3. City of Concord 174 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 82,080 183 6 82,080 820,800 184 5 68,400 4. C3Ly of El Cerrito 107 2 24,847 108 6 70,774 109 2 23.,34 6 1.10 7 8513.69 111 l 3.4,051 140 3 32,113 3.44 Z 10$W259,015 5. City of Lafayette 145 1 12,436 01.««��05 148 1 1.3,183 25,619 �r.:.'L't1�11;,�nl' Cu )JLl)j77 li��:1t'tl t1►•�icr,) I'„!•,u ..f c.( f. -� MAMIUM 3.2-r'ONT11 1'ROJrC'1' ?GAJC7.MUM SU1;t:RANT AGR1•:E 11 :1 St113CRAN'1'1sl% PROJrCT NLhtBlat NUMBER OF JOBS 1'AYMF',N ' LIMIT fAYII!:!r''1' 1.1!il7' 6. City of Martinez 3.85 3 42,1100 185B 2 27,803 186 3. 14,204 187 1 12,600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43,417 154 3 36,691 155 1 13,140 156 7 1070015 157 2 29,182 324,545 158 5 681228 8. Pleasant Hill Recreation and Park District 134 f 1 11,3.67 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57 ,107 117 4 57 ,107 136 2 261954 137 1 11,632 138 4 56,712 209,512 11, Brentwood Union School District 150 4 50,584 151 3 34,614 85,198 12. Byron Union School District 162 1 14,200 14 ,200 13. John Swett Unified School District 103 6 G8, 000 103B 7 76,384 144,384 3.4. Knightsen School District 104 1 12,81 9 12,839 15. Lafayette School District 105 3 39,200 105B 4 56,034 106 7 95,234 190,468 16. Liberty Union School District 143 7 94,767 188 1 122052 106,819 01006 i p: k (Attachment to 9/20/77 Board Order) Ptir�c !f o:' ., MAximuM 17.-moiail PROJECT MAY,II-Mel SUBMIANT SU BCR.1,N l i?E PROJECT NUMBER NUMBER OF JOBS 'PAYRENT LIMIT PAY'ME ;1' 17. Martinez Unified School District 146 5 $ 62,000 146B 2 29,058 91,058 18. ;Moraga School District 102 2 23,475 102B 5 59,004 82,479 19. Mt. Diablo Unified School District 118 - 4 56,328 119 5 58,981 120 6 66,215 122 3 27,•946 123 4 50,'673 124 6 68,936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,539 20, Oakley Union School District 159 4 52,703 159E 3 40,788 160 4 53,196 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36,382 149B 4 51,558 87,940 22. Richmond Unified School District 112 6 631302 113 6 651664 114 6 651664 115 3 35).731 230,361 23. Sar. Ramon Valley Unified School District 142 1 121224 12,224 24. housing Authority*of the County of Contra Coatu 141 6 861623 861623 25. State of California 190 3 31.1754 191 2 20,303 193 5 52,599 t� n } 194 1 10,506 111IQ}=t 11.5,162 Contra Costa County Standard Foran ` SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number 2 8 — 7 1 d 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County) , for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: EAST COUNTY RESOURCE CENTER, INC. Capacity: Nonprofit California corporation Address: 159 East 4th Street, Pittsburg, California 94565 3. Term. The effective date of this Agreement is July 21, 1977 and it terminates July 20, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 37,706 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Flan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Trainiag Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By BY Designee Designate official capacity in public Recommended by Humat; Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By " authorizing execution of this Agreement) � Designee Attest: — TJ Designate official capacit-yyY By o �}- (Form approved by County Counsel) Dated: 42- 2 l 7 Microfilmed with board order 01008 A �. h� �._.wnsw"i='^(t ^'S '.... •�. $. ...4��'h e,....3a.. 1.. :_.. ;_..rte .. .mit:",.. a.. ._, :w:a. .nw C Cost:! County Standar.! Form �'- ': PAl,.u:. T PnOGISI0N5 (CE1,X Title VI PSE Projects) Number 28 - 71 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in e--:cess of they total a=ount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Su'cgrantee for all services and program activities provided under this Agree :ent be only for costs that are allowable costs (see Paragraph 3. below) and are act::ally incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an a=oust equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FIC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other docu=ents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee s.--;all submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will rake =onthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for pa3ment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (?a}ment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: - Su ntee County Dept. 010109 - 1 - C?ntra Carta County Standard roan PArL-1EL%7 PROVISIONS (CETA Title VI FSE Projects) Number 7. Audits. The records of the Subgrantee may be audited by the County, Sr:;:te, or United States government, in addition to any certified cost report or audit required by to Program Operating Plan. Any certified cost report or audit required by tl:rs Prooran Operating Plan shall be submitted to County by Subgrantee within such period Of tie as may be expressed by applicable State or Federal regulations, policies or contract-s, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Pa}�ent Aaounts) above exceed the allowable costs that have acutal.iy been incurred by Subgrantee under this Agreement, including any adjustments ma"cl-: pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agues to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments rade by County pursuant to Paragraph 2. (Payment ?.mounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Deport and Settlement) above, then County agrees to pay to Subgrantee any such excess a=ount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: SuWr#fitee Cb6Ay Dept. 01010 — 2 — Contra Costa County Standard Fon GENERAL CONDITIONS (CETA Title VI Subgrants) Number28 - 717 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and� local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining" to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspdction by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. 'Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to thelother, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended .by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such adninistrative amendments may not materially change the Payment Provisions or the Program Operating Plan. 01011 Initials: SAL VDIfrantee -County Dept. Crn;_ra Costa County Standard Form GENERAL COtiDITIOSS (CETA Title VI Subgrants) Number 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determdnation in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for ny work contemplated under this Agreement and shall not assign this Agreement or mcn*:ls due or to become due, without the prior written consent of the County Administrator or 'pis designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent conLractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any meWbers of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Sub,-rcntee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. 1). No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the adminisLration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knotringly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. Olfil2Initials: �/ JL S rantee County Dept. -2- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title hI Subgrants) Number 28 - 711 13. Indemnification. The Subgrantee shall defend, save harmless and indei.nify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Ccnditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-o,,med auto=obiles, naming the County and its officers and employees as additional insureds, with a :aiai=um combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to =he County shall be addressed to the head of the County Department for which this Agreez.ent is mace, c/o the County Public Service Employment Programs Office, 651 Pine Street, :iarti�ez, California 94553. i:otices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the d=te of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Su g ntee County Dept. . 01013 -3- i SPECIAL CONDITIONS (CF:TA Title VI PSS Projects) � Number 2 �"/ 1. Compliance with Federal Requirements. Subgrantee shall comply with all Fe-era! regulations, guidelines, bulletins, and circulars applicable to Title VA of the Compre::ensive EeployMent and Training Act of 1973, as amended, including 'fide 29 o. the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as p-tSlished in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, too. 7, luesday, January 11, 1977, and Vol. 42, No. 93, Friday Flay 13, 1977; as may bn revised and amended; and which are incorporated herein by reference. 2. Available Conies. Copies of the County's Project documents, as specifi:d in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular busine:is hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee ramain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrsatee is an independent contractor, and County shall not have control over the methods and details by which the teres of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi— tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici— pant, including Subgrantee's staff, or to expend less during the effective term of CP this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. I«atial-s: � S rantee C66nty Dept. —1— 01014 SPECIAL CONDITIONS (CETA Title t'I PSE Projects) r L'II► er 28 - 717 7. Statistics, Reports, and Records. Subgrantee shall keep .and maintain si-0, doc=znts, records, and accounts as way be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and protide to County all such statistics, program reports, and records as may be required by County. Skid documents, accounts, s Uatistics, retorts, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion •.:hich the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 27 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.'Equal Employment Opportunity," as atmanded by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin 29-76, "Affirmative Action Requirements for FT 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environrental Protection Agency. 11. Program :management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terns of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve ics overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal I-anagement Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current,.and complete disclosure of financial info=ati.on pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds,.property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: 1901 1 Su g ntee ty Dept. 01015 -2- � e...aara+Ww�i.'..'S+-=•`•P` x.+•w.:�.a l)C^. ..k�'..,^:i.�w.:....:�,. 1 .:..,, t;_';..: _+ ... cK;;:.F.:. r-t• .. �°.A;:.«..... .'+nr_- .. .�'�%i;a�r•�.i« � w SPECIAL COMOITIONS (CETA Title VI PSE Projects) 28 717 Number 13. Property .management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal. property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including federal Management Circular FmC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, id_-ntifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records) , page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. lfaintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. ;fake positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the ma:.imum extent practicable. Subgrantee's records of such procurements small contain justification for subcontractor selection and any use of negotiation in lieu of formal. advertising, and the basis for the cost or price negotiated. 16_ Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate fammily is alreedy employed in an administrative capacity by Subgrantee. Initials: Sikeantee o my Dept. -01013 -3- � +.aN�sXr'�C`--.�" -, '.g ,�yk fs 3:�;�`:e��s-. ,..s '.,-e,.'... r..�::wC•-. _.,. .._ ,.a, - - .. r_'..@ .... ' SPECIAL CONDITIONS (CET:1 Title VI PSE Projects) 1`y Number 17 17. Davis-Bacon Wage rates. Subgrantee shall comply with applicable regulu=ions the V. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding pa, --nent of prevaili:g sage rates to all laborers and Mechanics employed by Subgrantee or any _;bcontractor in any construction, alteration, or repair, including paintin;, and ecorati^„ of projects, buildings or works which are assisted under this Aareemcnt, :n accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following ter.mination o= the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the ter3i^.ation o= this Agreement, all financial, program, performance, and other reports requir-:d by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout ?eriod for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Parent Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated _ts -Manpower Project Office to monitor performance under this Agreement. The Manpower Projezt Office will represent the County in all the program phases of the ::ork., but it is not authorized to change any of the terms and conditions of this greemment. Such changes shall be only by a properly executed modification to this Agreement. the Manpower Project Office shall at all times have the right to inspect, =onitor, and evaluate the work being performed under this Agreement. Initials: AZ S rantee ounty Dapt. -4- 0 1 10-1 p l j __ _ i ASSli XINCES AND CERTIFICATIO::S (C,i;TA Title VI Subgrants) 28 - 717 y �y ::umber Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation Of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of- the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). S. It will comply with Titles VI and VIZ of the Civil Rights Act of 1904 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 20004) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the -- Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: S antee t6unty Dept. 0101:5 A ASSURAIICES A-ID CERTIFICATIONS (CETA Title VI Subgrants) Dumber 28 - 717 11. 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 vain for themselves or others, particularly those with whom they have family, business, or ot::_r ties (section 702(a)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and .'::e County, through any authorized representative, the access to and the right: to e_-Ca=re all records, books, papers or documents related to this Agreement (sectina 713(2)) . 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subo_antee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of Workers' compensation insurance or medical and accident insurance for injury or dise;,se resulting from their participation to those individuals engaged in any program activity Lade: tie Act, i.e. , work experience, on-the-job training, public service employ:..`nt, class--room training, services to participants, and other activities, where others sim`.'arly engaged are not covered by an applicable corkers' compensation statute (sections 703(5) and 208(4)). 17. Its program will not result in the displacement of employed workers or i-_pair e::isting contracts for services or result in the substitution of Federal funcs for other funds in connection with the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-e-_?loyment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and !05(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and ad--i^.istration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will main.ain records and provide access to them as necessary for the Secretary's or the Ccun-:;'s review to assure that funds are beim; expended in accordance with the purposcs and previsions of the Act, including the maintenance of record:; to assist the Secretary or C,_,un ty in determining the extent to which the program meets the special needs of disFc& antaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: -Y S Co antee unty Dept. -z- 41019 _ m mxw.+¢+aJ'`4;:''.'e� .: ... -.rql.•-�`*T}:'�k,.."s-:..:n:'7 4z_�.;iS'.:"'x ,.":ii:x .7., .4. s;.:<'sa.. :. " 'u't:.....°.ts''a: hi«e .ate ... li .......... ....'::. ,a., 3"tzr...w 3 .d4 - i ASSURMICES AND CERTIFICATIONS i (CETA Title VI Subgrants) r 28 - 717 Number 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)) . 24. Its program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in-service training and technical assirtance programs, and other policies as may be necessary to promote the effective use of funds section 703(14)) . t 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). I 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. it will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities Cp in violation of 18 LSCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal I-later Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; i (b) it x: ..11 notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this i assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. f B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide i sufficient prospects for advancement or suitable continued employment by provides ng complc,lentar., training and manpower services designed to: (a) promote the advancement of ' participants to er,.ployment or training opportunities suitable to the individuals involved, whet:ier in the public or private sector of the economy, (b) provide participants with skills for v-hich there is an anticipated high demand, or (c) provide participants Frith self•-F,::vel.oprnent skills; except where exempt under the provisions of section 604 of the Act, pz:ovidet., however, that nothing contained in this paragraph shall be construed to precl-ade persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604). Initials: S antee unty Dept. 010,20 -3- ASSUP-MCES MD CERTIFICATIONS (CETA Title VI Subgrants) 3 � 1 `7 Number 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemplo}^ent rate recedes except where exempt under section 604 of the Act (sections 205(c) (6) and 604) . 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terns of the length of ti=e they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)) . 4. No funds will be used to hire any person to fill a job opening created by the acticn 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of emplo3ment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, with a vier. toward removing artificial barriers to public employment of those whoa it is the purpose of the Act to assist (section 205(c) (18)). 8. Mhere appropriate, it will maintain or provide linkages with upgrading and other manpcwer programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the sane or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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) . 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its prograr. will be employed in a bona fide professional capacity (as such term is used in section 13(x)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in each promotional line in no u ay infringe upon the, promotional opprir.tunities which %,ould otherwise be available to persons currently a=ployed in public service jobs not subsidized under the Act, and that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)) . Initials: � Su q antee County Dept. 01GJQ1. -4- ASSURANCES AND CERTIFIC.;MONS (C%TA Title CI Subgrants) Number 28 - 717 13. Jobs are in addition to those that would be funded by the Subgrantee in th_ absence of assistance under the Act (section 205(c) (24)). 14. Persons employed in public service jobs under this Act shall be paid :cages 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 L_cE,nr Standards Act of 1938, as amended. The only exceptions to section 6(a) (1) are whera a participant is exempt under section 13; b. The State or local minimum wage for the most nearly comparable covared 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 co=unity 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time oppo-rtunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Tule VI, except those to which former employt-es are being recalled, must be listed u ith the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c)(5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a)(2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(x) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials: _ /,, SUP,90,ntee 63unty Dept. -5- UWN A' V i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 717 1. PSE Projects Program. Subgrantee shall provide certain administration alid staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Compreh^nsive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title V1, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (v) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. _Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to .Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: Z,. SuVgfantee County Dept. -1- 01023 A PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 4 Number 28 - 717 Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days followinS, the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediar.::ly by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written veri€icati!Ja of in-eligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)]. c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFP. Subtitle A, Section 99.42 (a)(2)J which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and. received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Stboantee County Dept. -2- �1Q2*� i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 —8 — Number 717 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified i:i Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups) : (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35ro veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle P_, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)j. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Z, S antee W unty Dept. -3- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 - 71 Number 1 9. Public Service Employment Positions. Subgrantee shall comply with CETA =e3ul ations regarding acceptability of public employment positions (29 CFR Sub- tirle A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only '-e used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., ;obs which are likely to lead to regular, unsubsidized employment or to opportunities =or continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to carer advancement and the development of the employment potential of participants, ^.d Subgrantee will provide opportunities for continued training to support the up::ard nobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 , and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, ::ritten notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the Name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot bep aid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime ::ork, Wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal ::orking hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: X" S ntee ounty Dept. -4- 01G�2 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 717 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Coats) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, -of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: S00antee unty Dept. -5- 01021 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) ^ Number `�•� 8 - 717 1. PSE Project Job Positions. EAST COUNTY RESOURCE CENTER, TNS:. (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Honths) #317 7/21/77- Outreach Counselor 1 12 7/20/78 Vocational Counselor 1 12 Placement Counselor 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: S antee County Dept. 01028 PROJECT BUDGET Number 28 - 717 1. PSE Project Budget. EAST COUNTY RESOURCE CENTER, INC. (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Proj�.ct under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-`fONTH PROJECT B-*DG-z L a. Project. Cost Categories (Federal :f:ds) #317 (1) Participant Wages $ 27,096 (2) Participant Fringe Benefits 7,900 (3) Training -0- (4) Supportive Services -0- (5) Administration 2,710 TOTAL (Project Payment Limit) $ 37,706 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, whi--h specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line ,item budget amounts. Initials: Su "antee County Dept. 01029 i 281 N-I i0-:) BOCIrd of SliperYISOIS r Of \�On►ro COSta COU31ty, S'10t-� Of CU1iforniCI scptember 20 Iy 7 h-—.he sMai ar a. :ho=2z-'n- the Director, Hunan ieso.- ceS A-ency, to Execute Sub7rant =ire events with io==v-Se e: CETA Title VI ?SL project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and L!gu3t Io, 1977, certain CETA Title VI PSE Project Subgrantees to he oin hirir.3 to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantees respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, A=ug_,st 15, 1477 (referenced above), and September 13, 1977, the County Acc_tor-Controller to matte initial sub-rant payments to certain CETA Title VI ?SE Project Subgrantees, pending completion of Subgrant Agree- mer._s wit; each Subgrantee, and The Board having considered the recommendation of the Director, Hunan Resources Agency, regarding the need for prompt execution of such S::b;ra::t Acreemeats with each of the Subgrantees currently- authorized to operate lE_i Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, ..uaan Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title Vi: PSE Project Subgrantees identified in the attached "CETA Title VI public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard form Subgrant Agreement by the Of-fice of the County Counsel, with the effective dates of said Agreements to be bet::ezn June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant agreements. PASSED BY THE BOARD on September 20, 1977. 1 herby certify that the foregoing is a taus and correct copy of an order entered on iia, rninu es of said Board of Supervisor on the data aforesaid. Ori o: . Mman•Resources agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this,_2D_t.�,ciay of Septertbe2 19 77 County Auditor-Controller County • Ma^ ower Project J. R. OLSSO�1, Clerk Director Subgrantees �c.�-i- ,�-v li=.K--�f. Deputy Clerk By . Jeanne n. `tacyIzO' p.J?:dg 01030 H-24j;7G15M (ACI.►ctins .lC to 9/20/77 ilward Urdor) CETA TT VIX, VT 11U111.TC SV.RVT(',1; 171-11'Id)1'MI,NT t'IZC?.T!?(T .1RU11,GMANT AGRI"l-N1714T $1'1{CTVTCA'I'TONIS CHART {l.nclude's 1.11:0,juets,� au Litt)O.rod for 1111plullwilvaLloii In Jtn►e ,a►d I. New PSE SubS+rancces: MAXIMUM 12-MONT11 PROJEM MAXIMU't SU1 CRAM SULC1u114'EM' PROJI.CT NUMBER NUMBER OF JOHS PAYMENT LIMIT PAYMENT 1X11 I. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31. ,361 Inc. 2. Home Health and Counseling; Services, Inc, 310 3 19,704 311" 2 20,494 1.0,195 3. City of Pinole 312 3 40,81.0 313 2 26,017 311► 1 13,025 315 1 13,025 310 1 11,750 105,527 4, united Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304D 3 31,612 1 305 5 50,074 124 ,372 5, neighborhood House of North Richmond, Inc, 309 7 76,247 76,247 6. Los ;iedanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp Fire Girls, Inc. 321 3 301989 30,989 8. Enki Research Institute, Inc. 327 5 58,382 328 7 85,302 143,GS4 9. Pinole Family YMCA 300 4 38,980 38 ,9SO 10. Contra Costa Community College District 318 G 60,450 31.9 5 46,512 . 106,962 11. Carquinez Coalition, Inc. 308 4 1+9,196 308B 3 44,963 94,159 12. Phoenix Program', Inc. 329 7 68,9116 68,91;6 13, New horizons Center,- Inc. 325 3 32,762 32,762 14. Contra Costa Children's Council. 331 3 33 ,152 33 )i5' 01031 _ (o MAXIMUM 12-•Nt?1`l'I'1I l'ROJI:C'!' SU II RAi•:'1'I:I: 11I10JI:Ci' NUMBEI, OF .TOAs PAYMI iii 15. Social Advocates for Youth--Diablo Valley 333 7 $ 66,917 c, GG, 17 16. Contra Costa Crisis and Suicide Intervention 326 3 30,494 30,494 17. I'.ast County Renourc e. Center, Inc. 33.7 3 37,706 3' ,7016 16, Intern.(tionnl Institute of Alameda County 334 4 37 ,322 :47 ,:1 19. 'Mt. Diablo YMCA 301 5 43,776 43 ,76 20. Region IX American Indian Council, Inc, 32.3 , 7 84 1448 84 44S 21. Linton Business College, Inc. 320 3 2:3,672 7.3 ,:372 22, Musical Arts of West Contra Costa County, Inc, 330 3 32,775 2 ,775 Current FSE Subprantees 1, City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,1100 173,921 .� 2. City of Brentwood 173 3 32,087 .12,C3 3. City of Concord 174 6 82,080 175 7 95,760 176 4 54,720 1.77 7 95,760 178 6 82.,080 179. 7 95,760 180 6 82,080 182 6 821080 18.3 6 82,OGO .820,800 5 681400 4. City of Bl Cerrito 107 2 24,847 108 6 701774 1.09 2 ?.3.,346 1.10 7 85)3.69 ill 1 3,4,051 140 3 3.44 l 101715 01032 5. City of 'Lafayette 145 1 12,436 148 1 131183 25,('19 J t t 4 F y r 1•IAY.T.AIUM 12-IMONT11 PROJECT 'iAv'(►d=id` ;.t'.'+:;'A!:'!' i.t't;t !' :; S111Y:1.Air"4'i?1: I'1.C?�)1:C'I' Nt1�il�lat NUM111.1t 01= .30154 PAYMENT 1,1141a'�__ 6. City of M.trtis C/. I.I3J � 1►1.,1100 1.11.ill 2 ?.7,803 3.UG 3. :1./, ,201► 7, City Pittsburg 152 2 261872 153 3 43',417 151, 3 36,691 3.55 1 13,1110 156 7 107,015 157 2 29,182 324,545 158 5 68,228 8, I'lea:,ant Hill Recreation and Park District 1.311 1 11,167 , 135 1 11,685 22 ,852 9. City of Walnut Creck 165 1 13,039 166 3 39,420 167 1 13,039 6511,98 10. Antioch Unified School District 116 4 57 ,107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,712 209,S12- 11, 09,51211, Brentwood Union School District 150 4 50,584 151 3 341614 5;,19F 12, Byron Union School District 162 1 1.11,200 14,200 13. John Swett Unified School District 103 6 68, 000 103B 7 76,384 1441 334 1.4. Knightsen School District 104 1 12"819 12,839 15. Lafayette School District 105 3 39,200 105B 4 56,034 106 7 951234 190,1169 16. Liberty Union School District 143 7 94,767 188 1 1?.1052 106,R? 9 ' t`y r Y f _ :F i� P # i i, Fy Y {Iittachmr--t to 9/20/77 Board Order) ri o: ' MICKINIPM 12-?e01MI PROJECT �£tkxn-.! CUNPUi`1T"B PROJECT NUMBER NU14BER OT JOBS PAY1.11 NIT LrHI.T Pi:ti".::'::�' i.::;I": 17, Martinez Unified School District 146 5 $ 62,000 146B 2 29,058 ?.L ,05E 18, Moraga School District 102 2 23,475 102B 5 59,006 82 ,1,79 19, Mt. Diablo Unified School District 118 4 56,328 119 5 58,981 120 6 66,215 122 3 27,94 6 '123 4 50,.673 124 6 681,936 125 4 115,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,539 20, Oakley Union School District 159 4 52,703 159E 3 40,788 160 4 53,196 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36,382 149B 4 51,558 87 ,940 22. Richmond Unified School District; 112 6 63,302 . 113 6 651664 114 6 651664 125 _ 3 351.731 230,361 23. Sar. Ramon Valley Unified School District 142 1 12,2211 22,224 24, Housing Authority,.of the County of Contra Costa 141 6 861623 SGIC,23 25, State of California 190 3 31.1754 191 2 20,303 193 5 51, Wil 194 1 10,506 1151162 0 1013 1 ='sew"...s•....ra,. ....".. t o ^_ RO.BasIW St. Piirsburg.CA 94565 t] (.1at�32'4664 EaA Count (415143-7-4576 ictoenRefourceCenter Execucve 1?77 Is `:arab• resolved by the Board of Directors of East County Canter, Inc. that: The proposed CETA Title V1 contract for FY 77-78 belueen tie Contra i osta County Hunan Resources Agency 'Tanpo�rer Project and the East County Resource Center, Inc. as contractor should be and the sane is hereby approved. _. The ^irector of East County Resource Center, Patrice Jensen is here-by authorized and directed to sign and execute said acrearreant for and on behalf of the East County ?esource Center. 'asses and adopted by the Board of Directors of East County 79-=�jrce Center at its monthly Board of Directors meeting day of &2Q. 1977, by unanimous vote of sa_T - Roard. for verification is: 0--trics Jansen v n .3uerrero, Chairperson __s= County Resource Center 1:1, East 4th. St. Pittsburg, Calif. 94565 Board Members ' r John Guerrero .Stuart Watson Mark Shatter Employment Development Dept. Contra Costa County Public Defender Bernice McNamara Probation G eorge charrey Many Hands Joe Archimede Legal Aid. Robert Griffin Mexican-American Laura Brander 01035 Patsburg Police Political Assn. City of Pittsburg Community Relations Unit Planning -. .. .:..Iia.... STATE OF CALIFORNIA On this ........1.4th....day o f._...November in the year one thousand nine COUNTY OF. Contra Costa }� hundred and........77............ before me,...Mi chal ene A: Bond , ......... ..... ..... ................ a Notary Public, State of California, duly commissioned and sworn,personally appeared.........Earl_ H. Bond.......................................................................... .............................................................................................................................. known to me to be the person.....whose name..... S.....subscribed to the within instrument and acknowledged to me that.....he.....executed the same. IN WITNESS WREREOFI have hereunto set my hand and affixed my " '_""""'""T;2:::fifRd2LG!!f!l222C62ilLi26Lliai2LlL� � _• OFFICIAL SEAL _ official seal in the.......................... County oAQJltrs3.&JQ.$tA.the day and year MICHAIENE A. BDND = certifu ate first above written NOTARY PUBLIC_CALIFORNIA in this COUNTY OF•AN MATED my ' .CearhMon t:pkM ley 15,IM � .. �. ............... LuuuymenaeeancaL�p�YIWflRa7NCfC7�tli/HY�lJpl9 Notary Public,State of California My commission expires .....�U1 y 15, 1980 ............................................ Cowdery's Form No.32—Acknowledgement—Genera!(C.C Sec.1190x) o10-3-s mom Standard Fora Contra Costa County r Contra Costa County Standard Fora SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number2 8 719 9 t 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants ?. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: MT. DIABLO YOUNG MEN'S CHRISTIAN ASSOCIATION (YMCA) Capacity: Nonprofit California corporation Address: 350 Civic Drive, Pleasant Hill, California 94523 3. Term. The effective date of this Agreement is September 6, 1977 and it terminates Septebmer 5, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 43,776 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUMRANTEE ` J - f _ By By Designee (Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the gov rning body resolution B • _f Q' authorizin a cution of th' greement) Designee Attest: esignate of£ tial capac' e By (Form approved by County Counsel) Dated: 0 037 Contra C:eta Count; Standard Form f PAYMENT PROVISIONS (CETA Title VI PSE Projects) v. Number 719 1. Pavment Basis. County shall in no event pay to the Subgrantee a sum itc excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payr.ent to Subgrantee for all services and progra:i activities provided under this Agra�!:-:rnt stall be only for costs that are allowable costs (see Paragraph 3. below) and r.re actually incurred in the performance of Subgrantee's obligations under this Agr_ ment. 2. Pay=ent Amounts. Subject to later adjustments in total payments in accnrd- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pad an amount equal to Subgrantee's allowable costs that are actually incurred each atoath, but subject to the Project Budget. f 3. Allo%:able Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular PMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Ite.-as of Cost), and, subject to said Attachments A and B. such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of aroviding those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: Subgrantee County Dept. - 1 - V ing8 ...ten.M. 3 i • Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 28 - 719 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts,. but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: Su grantee County Dept. 01039 - 2 - -Contra Costa County Standard Form GENERAL COMMONS (CETA Title NI Subgrants) .. Numb e r 719 1. Compliance with Law. Subgrantee shall be subject to and comply with all Feceral, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Govern. ent. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Suborantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may tenninate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject ratter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, s;onit-oring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is alrecdy required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any suns of money to be paid the Subgrantee as provided herein. Informal agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. :Modifications and Amendments. a. General Amendments. This Agreement fray be modified or amended by a written (!ocument executed by the Subgrantee and 17110 Contra Costa County Board of. Sui.ervi:;oro or, after Board Approval, by its designee, subject to any required State or Fzderal approval. b. Administrative AIne:ldmonts. Subjoct to the Pay.,ent Limit, the P.iylnent Prov!sions and the Program Operating Plan may be wiended. by a writre n ad-ministrative amenut::_crlt executed by the Subgrantee and the County A(1-minitiCrLtar er his designee, subject to ::ny ri'-quired State or Federal approval, provided that s:Ich administrative amend:-t_ is may not t.,;terially change tate Payment J1r,-vii1onr or the Frogras:l Operat_:?Lng Plan. l��lfYttitials e grantee County Dept. -1- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VZ Subgrants) � � s Number • 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Ad=inistrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 1.6. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agree«ent, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except- as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that core shall be used, in whole or in part, for religious worship or instruction. 01041tials Subgrantee County Dept. -2- -Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 28 - 719 13. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sici:ness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comp_-eher_sive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. `Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not liziit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials• Subgrantee County Dept. 01442 -3- SPECIAL CONDITIONS (CE'TA Title VI PSE Projects) Number ~ 719 1. Co^pliance with Federal Requirements. Subgrantee shall comply with all - 1 regu'_ations, guidelines, bulletins, and circulars applicable to Titl(! VI of :..e Co_0rehensive E:3nloyment and 'training Act of 1973, as amended, includin ; Title 29 o. ^e Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as pu,)Jished =n the :ederal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreamant, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee re:aain in tae County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subor;:ntee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of ts:is Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expe di- t-ures from pa)ments otherwise payable to Subgrantee in order to recover any amount expended -or unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- Dent, including Subgrantee's staff, or to expend less during the effective term of r.-is Agreemant than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment o= funds made by the County to the U. S. Department of Labor at the request of that DeDartment's Secretary after it has been determined that such repayment is required moron the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the =olloaing: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days a*ter the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. C. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Subgrantee Coun y Dept. -1- NUMB SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number-28 - 719 ' 7. Statistics, Reports, and records. Subgrantee shall keep and maintain st:c:h records, and accounts as inay be required by the County or the Fec:eca l _eru:ations, guidelines, bulletins, and circulars applicable herett,. shall compile, compute, and provide to County all such statistics, program an' records as may be required by County. Said documents, accounts, statistics, r;::o-=s, and records shall be aaintained and provided In the form and manner prescribed S. Child Labor. No person under 18 years of age shall be employed in any occupa- ti nt .:'+ich the U.S. Secretary of Labor has found to be hazardous for persons betwa-�tn 1: a:_ 1S years of age (purstiart to 29 CFR Part E) . Any eligible participants und:!r 16 Years ofage will be employed only in accordance with the limitations imposed by 29 CFR ?art 500, Subpart C. 9. _ffir=ative Action Plan. Subgrantee shall comply with all applicable require- t:e_ts of =x=cutive Order No. 11246, entitled "Equal Employment Opportunity," as amended b,: Executive Order No. 11375, and as supplemented in Department of Labor Regulativas (=1 C=? Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if recsi=ed by State or Federal law, which declares that it does not discriminate on the b-asis o= race, color, religion, creed, national origin, sex, and age and which specifies gals and target dates to assure the implementation of that plan. Subgrantee shall also co=>>y vita requirements established by County and the Department of Labor, including CETA Regional Bulletin X29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,00, Subgrantee shall comply with all applicable standards, orders, or regulations CX issued vu suant to the Clean Air Act of 1970 (42 U.S.C. 1857 at seq.) and the Federal hate: Pollution Control Act (33 U.S.C. 1251 at seq.) , as amended. Violations shall be repar:ed to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 1 .. ?rograz Management Requirements. Subgrantee shall establish and maintain i:_er=a? prograa management procedures for the effective administration of its public se-n ioe e-plo3mment program hereunder, including provision to: a. 111onitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. ::easure and evaluate the effectiveness and impact of program results in terms o- participants, program activities, and the community. i;nen S::bgrutee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek-'to improve its overall program =auagement and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal %-anase-_eat Circular FMC 74-7, Attachment G, Paragraph 2., pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish .and maintain a financial management system providing: a. Accurate, eurrent,.and complete disclosure of financial information pertaining to its program in accordance with, County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: (4/vr Subgrantee County Dept. 01044 -2- �.:.r�u:. .i .ark'+. e..:.M•ni.:k.....•.r,.a a'• ..._.. ..'tiXi2 a.� r:.._':..ti..e. ::ra. .. ._ .• .. �•. ..p I9...... _ L' 6 C: SPECIAL CONDITIONS (CETA Title VT PSE Projects) kA Number 2 8 13. P ronerty Man:tgacient Requirements. Subgrantee shall comply with applicabl.re ze =:ewe:ts established by County or the U.S. Department of Labor governing the ?_zicu a-ent, oiniership, use, and di:.:position of CETA equipment and other personal ?-a (ircludino minor equip-ment costing over $50 per item and unused p=--=s:-nal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 1=. Property Records. Subgrantee shall maintain accurate records of any CETA e-ui?rent and other such property procured with CETA funds or otherwise acquired under t _s Agreement in accordance with requirements established by County or the U.S. Depart- =en: of Tabor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertainir_g to the maintenance of records to provide property description, idantifi- cs:ion numbers, acquisition date and cost, source, location, use, condition, and d_s?osition. Subgrantee shall investigate and fully document any loss, damage or theft r�: property. Votwithstar_ding Paragraph 4. (Retention of Records), page 1, of the Ceneral C-:nd_tions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local rules, and regulations governing the procurement of supplies, equipment, and other at-erials and services, and with requirements established by County or the U.S. Department o= Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its o_ icers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum c?en and free competition and prevent conflicts of interest or noncompetitive practices unich may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, w-3ta adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising:, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for 'subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 15. nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22). Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already a loyed in an administrative capacity by Subgrantee_ Initials: Subgrantee County Dept. 0104.5 -3- T,rte SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number28 - 710 17. Davis-Bacon rage Rates. Subgrantee shall comply with applicable regulations of the L. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing :rage rates to all laborers and rsechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and d--corati:g, of projects, buildings or works which are assisted under this Agreeci_-nt, in accordance with the Davis-Bacon Act, as amended. 1S. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the ::ithin Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: FIN a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: grantee Co6nfy Dept. -,4- 0104 . f ASSURANCES AND CERTIFICATIONS (CFTA Title VI Subgrants) Number 28 - 719 Subject to the General and Special Conditions, Subgrantee assures and certifies A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and 7=ai,ino Act of 1973 (CETA), as ascended (P.L. 93-203, 87 Stat. 839 and P.L. 93-567, 88 S=_=. 1845 and P.L. 94-444) , hereinafter referred to as the Act, and with the regula- r_:,ns and policies promulgated thereunder. 2. It will comply with Federal Management Circular (RIC) 74-4 and 74-7, as t=osa circulars relate to activities such as the utilization of funds, the operation c= programs, and the maintenance of records, books, accounts, and other documents L_�e the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take aD--roDriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, Lo=ion or similar action has been duly adopted or passed as an official act of the 5__-1-=antee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person i_eazified as the official representative of the Subgrantee to execute this Agreement to Drovide such additional information as may be required (sections 102(x) ; (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 C'•=• 88-352) , and in accordance with Titles VI and VII of that Act no person in the r:=:_ted States shall on the grounds of race, color, sex, or national origin, be excluded .c= participation in, be denied the benefits of, or be otherwise subjected to discrimi- nation. any program or activity for which the Subgrantee receives Federal funding (i ziuding this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide e-p?o3-ment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, poI?=ical affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and -Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: _ Subgrantee County Dept. -1- 0101 ASSURANCES AIND CERTIFICATIONS (CETA Title V1 Subgrants) Number 28 - 71. 9 , 11. 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 o_:er ties (section 702(a)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and rhe County, through any authorized representative, the access to and the right to exams-a all records, books, papers or docu;tents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 35. 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 Subgrantee (section 703(4)) . 16. It will ensure provision of workers' compensation protection to participants in o^-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 (Subgrantee; who are covered by a State or industry workers' compensation statute; and provision of workers? compensation insurance or medical and accident insurance for injury or disease resu'_rirj from their participation to those individuals engaged in any program activity L-:: cr the Act, i.e. , work experience, on-the-job training, public service employment, c1.%ssroom training, services to participants, and other activities, where others similarly e:-aged are not covered by an applicable workers' compensation statute (sections 703(6) and 203(4)). 17. Its program will not result in the displacement of employed workers or i=,it e_:isting contracts for services or result in the substitution of Federal funds for ever funds in connection with the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks or' f.re-ew?loyment training, unless immediate employment opportunities are available in that occupation (section 703(8)) . 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties ::i_ch will enable participants to become economically self-sufficient (sections 703(9) and _105(a) (6)). 20. Institutional skill training and training on the job shall only be for occurations in which the Secretary of Labor or the County has determined there is real-rzable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than: supplant, the level of funds that would othen.ise be available for the planning and adni istration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maint.-_in records and provide access to them as necessary for the Secretary's or the Count='s review to assure that funds are being expended in accordance with the purposes and -_.r--)visions of the Act, including the maintenance of records to assist the Secretary or Cr.::a t.; in determining; the extent to which the program meets the special needs of disa:i •antaned, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)). Initials ubgrantee County Dept. -2- 01X. ASSUMNCES AMID CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 719 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its pro-ram has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in-service training and technical assistance programs, and other policies as tray be necessary to promote the effective use of funds (section 703(14)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)) . 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local Lin`m m wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (d) the -i=imtm 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 rd -t_a rate required by an applicable collective bargaining agreement. 27. It will comply with the labor standards requirements set cut in section 706 of the Act. 28. Services and activities provided under this Act will be ad--inistered by or under the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c) (1). 29. leo funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Viclating Facilities; (b) it will notify County, prior to award, of the receipt- of any co=u._cat on from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that a facility to be utilized under this Agreement is under consideration zo be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Et'ployment Pro2ra=s. For public service employment activity: 1. Special consideration will be given to the filling of jobs � 4cn provide sufficient prospects for advancement or suitable continued employment by prcv ding complementary training and manpower services designed to: (a) promote the a vancement of participants to employment or training opportunities suitable to the irc_v c, als involved, whether in the public or private sector of the economy, (b) provide part_c-_�:a;ts with skills for which there is an anticipated high demand, or (c) provide Far=ic_pz_�nts with self-development skills; except where exempt under the provisions of seczicn 604 of the Act, provided, however, that nothing contained in this paragraph shall be ccnstrued to preclude persons or programs for whom the foregoing goals are not -feasible or appropriate (sections 205(c)(4) and 604). Initials• subgrantee Ccunty Dept. 01049 -3- l ASSUMV110ES AND CERTIFICATIONS (CETA Title VI Subgrants) Number d Al V 7 19 2. To the extent feasible, public service jobs shall be provided in occupational -,:--ch are most likely to expand within the public or private sector as ti-e -ent Yate recedes except where exempt under section 604 of the Act (sections 23 6) and 604). 3. It will give special consideration in filling transitional public service j+_Ds to unemployed persons who are the most severely disadvantaged in terns of tis length o_ t_=e =hey have been unemployed without assistance, but such special consideration s -=1z authorize the hiring of any person when any other person is on lay-off from to s==e or any substantially equivalent job (section 205(c)(7)) . 4. No funds :ill be used to hire any person to fill a job opening created by acr=on of an employer in laying off or terminating the employment of any other regular emplotiee not supported under the Act in anticipation of filling the vacancy so cre=zed by hiring an employee to be supported under the Act (section 205(c) (8)). 5. Due consideration will be given to persons who have participated in manpower programa for whom employment opportunities would not otherwise be iLmnediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Acc ::ill be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- =ez_s a: all levels of employment, including civil service requirements and practices _elhors- thereto, in accordance with regulations prescribed by the Secretary or County, ci-i a v_ew toward removing artificial barriers to public employment of those whom it is th? ?��-pose of the Act to assist (section 205(c) (18)). 8. E-here appropriate, it will maintain or provide linkages with up-radIng and or^ar. —zpo::er programs for the purpose of: (a) providing those persons employed in p::Jlic service jobs, who want to pursue work with the employer (Subgrantee), in the sa=e or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) providing those persons so employed, who do not wish to _;:=sue De=_- anent careers in such field, with opportunities to seek, prepare for, and obtain kark, in other fields (sections 205(c)(19) and 604). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including o??ortsnities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this liiitation in exceptional circumstances (section 205(c) (22)). 11. Jobs will be allocated equitably within local governments and agencies takinj into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in each promotional line in no way infringe upon the promotional oDDortunities which would otherwise be available to persons currently employed in public service jobs not subsidized under the Act, and that no job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)). Initials• IAV $ubgraentee County Dept. 41050 -4- { 1 ASS MUTCES AND CERTIFICATIONS (CE'tA Title VI Subgrants) Number 8 13. .Yobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. 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 wave set out in section 6(a) (1) of the Fair Lahr Standards Act of 1938, as amended. The only exceptions to section 6(a) (1) are where a participant is exam-pt under section 13; b. The State or local minimum wage for the most nearly comparable covered e--ployment; 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 co=unity 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Sne cific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employeas are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments_ All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum. extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2)(B)) to an area eligible for assistance under Title II of the act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). Initials• Subgrantee County Dept. -5- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 8 — i 1 9 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA. Conprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee' s PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (u) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals dill have been verified by EDD as federally eligible for participation in Title VI FSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: P_ 4 _)V Subgrantee County Dept. -I- 01452 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number a" 7 Subgrantee must obtain written verification of eligibility from the County's :Manpower Project Office prior to the hiring of any such applicant, except that in cases of aDD icants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are :ocr.a to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)]. c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Managemeat and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initial 4bg tee County Dept. -2- 01053 i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 l � (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii) , and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, EI Sobrante, North Richmond (unincor- porated area) , and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)]. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials. Subgrantee County Dept. -3- PROGRAM OPERATING PLAN (CETA Title UI PSE Projects) 28 —8 _ Number 711) 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtin;e work, wages, or employment benefits; C. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing r y assisted jobs. Initials: 1V S bgrantee County Dept. -4- 01U5� PROGRAM OPERATING PLAN i (CETA Title VI PSE Projects) Number2 V — 719 14. allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised) , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: P—bg—ranitee County Dept. -5- 0101 b � :iceRONFAKfat PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 28 - 719 19 1. PSE Project Job Positions. Mt. Diablo YMCA (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (,tan-Months) #301 9/6/77- Assistant Program 9/5/78 Director 3 36 Assistant Physical Director 1 12 Secretary/Receptionist 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued emplo ent. Initials: Subgrantee County Dept. y ' •dmf. ♦ • �u. PROJECT BUDGET Number 28 - 719 1. PSE Project Budget. Mt. Diablo YMCA (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) 11:301 (1) Participant Wages $ 34,416 (2) Participant Fringe Benefits 6,118 (3) Training -0- (4) Supportive Services -0- (5) Administration 3,242 TOTAL (Project Payment Limit) $ 43,776 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials Subgrantee County Dept. 01�� Mount Diablo YMCA 350 CIVIC DRIVE. Telephone 687-8900 PLEASANT HILL. CA. 94523 SERVING CENTRAL and EASTERN CONTRA COSTA COUNTY November 11, 1977 This is to certify that at the Mount Diablo Y.M.C.A. Board Meetings of June 23, 1977 and September 20, 1977, the Mount Diablo Y.M.C.A. agreed, to enter into a contract between the Mount Diablo Y.M.C.A. and the County of Contra Costa under the Comprehensive Employment Training Act, Title VI. Earl H. Bond, John McCracken or Dave Hyre will be the authorizing signatures for committment of the Y.M.C.A. A ; Earl H. B011C General Ma--2F-g ,er EHB/lt cc: Secretary of Board rp. I!-v- Nov 16.1977 HUNIIANRESOU"Cc'S "s':"Cy A Urited Way Agency "Building Youth To Match Our Mountain" 01059 In >ha Board of SupeP7iSors 28 - 719 Qr contra Cos;a Covni-x , .'51-ate of California September 20 , 74 77 In the Mo."er OF Authorizing the Director, Human Resources Agency, to Execute Sub—ant Arrreaments with Forty-Seven CETA Title VI PSE Project Subgrar-teas The Board having authorized, by its Orders dated June 14, 1977. and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resourcas Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees currently- authorized to operate CziA Title VI FSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Rua-an Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications, Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreacents to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977 . I hereby certify that tna foregoing is a tress and correct copy of an order entered on tha miru.'es of scid Boord of Supervisors on the date aforesaid. Ori U• . Human' Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this?nr'4oy of September 19 71 County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director Subgrantees sy��i.� �-u L• �i=-=c--,.f_, Deputy Clerk Jeanne 0. lagl1 o P.JP:dg 01U00 H-24317G15m (At:vaciifiient: to 9/70/77 ii(trtrd Order) ,. .,, , . .. , , � t;i"i;A. 'rT'I`1.T; V1.;�j'Uii1,7C 51,itV7l,T: 1�r1I't�c)1rI1�,iat rl,f�.Ti;t.I I>U1;(,itANi/�c,ltl;rra?tar "1'I;CTI'T,CK1"r!1Ia5 rllrt_l,'i_ •� �(1.irc:l.uctc�ai 1't:q,jr:ct:t4 :t�ititt�t'1�r.cd i'o � l.tnnctttit LJott Lit Jttitc ;tial Aui;u:sC, ri.'11'J)Y I. New I'Sr Subi"rantcua; MAX MUM 12-MONT11 i'IiOM,'C'1' MAXIMUM SUL'Cit�1�I'I'l:l: PItt il".C'1' NUrM111"M NUr1I4I.R OI? JOIIS 2'AYr12,rI'1' IM PAY1,11"iT LIMIT M 1. Contra Costa Legal Services foundation, 307. 3 $ 31,362 e5 32. ,362 Inc. 2. Monte health and Counseling; Services, Inc. 310 3 19,704 313' 2 20,494 40,198 3. City of Pinola 312 3 40,810 313 2 26,917 ; 314 1 13,025 315 1 13,025 316 1 11,750 105,527 4, United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 30413 3 31,612 305 5 50,074 1241372 5. 'Neighborhood Louse of North Richmond, Inc. 309 7 4 76,247 76,247 6. Lo: -ladanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp Fire Girls, Inc. 321 3 301989 301969 8. Enki Research Institute, Inc, 327 5 58,382 328 7 85,302 143,684 9. Pinole Family YKA 300 4 38,980 38,9SO 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 . 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 30813 3 44,963 94 ,159 12. Phoenix Programs', Inca 329 7 68,946 GS,91.6 13. *yet.• Horizons Center,• Inc. 325 3 32,762 32,762 14. Contra Costa Children's Council. 331 3 ;I;t ,15:? ;3 >>r• 010-6-1 � Rj� 11-'T i °z 01 tiJ.e;t"111��.ttc ccs y j�Qr 77 i;.ar:: :)r,lcr) MAXIMUM .12-•S•10?.'Cfi IT',9JECT 14A?;1 Nti:f I'R0J1:C7 NUrti'TIk 1t141111"t OS� ,70115 i'AY.:•,1•.,r1` 1. :.t7. , „1Y;.r .i' l,1.•i. ;' 15. Social Advocates for Youth—Diablo Valley 333 7 $ 66,917 GE fr. 16, Contra Costa. Crisis and Suicide Intervention 326 3 30,11911 30,4911 17, fast County Recouren Ccnter, Inc, 31.7 3 37,706 37 ,706 18, International Institute of Alameda County 334 4 37 ,322 37 ,:3?2 19, Mt. Diablo YMCA 301 5 113,776 43,776 20, Region IX American Indian Council, Inc, 323 , 7 84,h48 84141,8 21. Linton Business ColleCe, Inc, 320 3 23,572 23 ,572 e • 22, Musical Arts of I•?eat Contra Costa County, Inc, 330 3 32,778 32 ,77S A Current PSD Subgrantees I, City of Antioch 169 3 42,000 170 b 713,416 171 3 1111105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 32,C.�7 3, City of Concord 174 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 178 G 82,080 179. 7 95,760 - 180 G 82,080 182 G 82,080 183 6 82,080 .820,300 184 S 68,400 4, City of El Cerrito 107 2 24,847 108 6 701774 109 2 21.13116 3.].0 7 8513,69 r 113. 1 1.1►,051 1110 3 32,113 144 1 10,715 "1 5. City of Lafayette 145 1 121436 01062 148 1 131183 25,619 ii * i i t I 11 f' 11 1 1 f'� 1 11• y• '1 MAXIMUM 1''241�11'r'll ITO-7!?(' r c�rncrnnrt r rr;n.lt c;t, rlu�tl,rtt ►av?ai�t rt c»1 .7c�rti;� ._._._in�l►r�:;li r_r.�..ri:!' . .. .__ _ _. ?'AY!I 6. City or Mavtinev 1.85 3 42,ri00 18511 2 27,803 t 186 1. 14,204 187 1 12,600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43'1417 154 3 36,691 155 1 1 13,140 156 7 ' 147,015 157 2 29,182 324,545 158 5 681228 8. Pleasant ttill Recreation and Park District 134 1 1113.67 135 1 11,685 22,352 9. City of Walnut Creak 165 1 13,039 166 3 39,420 167 1 13,039 65,49E 10. Antioch Unified School District 116 i 57 ,1.0 1 136 2 26,951, is 137 1 11,632 138 4 56,712 249,512 11, Brentwood Union School District 150 4 50,584 151 3 34,614 + 85,198 12. Byron Union School District 162 1 14,200 14 ,200 13. John Swett Unified School District 103 6 68,000 1038 7 761384 144,38, 1.4. Knightsen School District 104 1 12181.9 12,819 15. Lafayette School District 1.05 3 39,240 105D 4 56,034 146 7 9;,23x, 194;4G�+ 16. Liberty Union School District 143 7 94,767 1138 1 12,452 146,5'_9 O IW3 1 f (Attachment to 9/20/77 Board Order) 'r. "'a ci MAY,11•5JM 12-MON711 PROJECT /,C ONBC•PWITEr. PROJECT NUMBER NUMBER Or JOBS PAYMENT LP-11T P/,r: %:'1' ?,+.::: . 17, Martinez Unified School District 146 5 $ 621000 146D 2 29,058 n1 ,on 18, Morafia School District 102 2 23,475 102D 5 59,004 82,47 19. Mt. Diablo Unified School District 118 4 56,32a 1.19 5 58,•981 120 6 66,215 122 3 27,946 '123 4 50,,673 124 6 68,•936' 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 1.30 4 51,711 131 4 441027 i. 1.32 4 35,359 741 ,539 20. Oakley Union School District 159 4 521703 159B 3 40,788 160 4 53,196 161 7 90,200 236,887 21. Pittsbur8 Unified School District 149 3 36,382 149B 4 51,558 87,940 22, Rich*fond Unified School District 112 6 631302 113 1 6 651664 lit, 6 651664 115 3 351733. 230,361 r 23. San Ramon Valley Unified School District 142 1 1.21224 12,224 24. 11ousing Authority•of the County of Contra Coata 1.41 6 861623 8G 1t�'?3 25, State of California 190 3 33.1754 !; 191 2 20,303 ' . 193 5 52,599 , ;. 194 1 10,506 115,162 ,' . 010 1 1 . d. ..5.-._��.. t.._v_:.r... -, �: jtw" ::ontra Costa County Standard For.1 SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number 28 700 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants Parties. The County of Contra Costa California (County), for its Department n. ed above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: NEIGHBORHOOD HOUSE OF NORTH RICIRIOND, INC. Capacity: Nonprofit California corporation Address: 321 Alamo Avenue, Richmond, California 94801 3. Term. The effective date of this Agreement is July 18, 1977 and it terminates July 17, 1978 unless sooner terminated as provided herein. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $_76,247 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein b: reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out =hat work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated --rein by reference, subject to all the terms and conditions contained or incor- ,orated herein. S. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan N. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 104:5); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRAN £ 3vBy Designee (Des' nate official capacity in public 3ecocmeped by Human Resources Agency agency or corporation and affix �' J ! corporation seal or attach a certified copy of the governing body resolution authorizing execution of this Agreement) Designdz-, ( Attest: (Designate official capac' y) B (Form approved by County Counsel) Dated: 1112 4 01065 C,z:: ..► C<' t2 County Standard Form PAYI• NT P::OVISIOyS (CETA Title VI PSL Projects) ,�. tr Piur ber 8 .r ` �*1 1. Pav—m.!nt Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this AgreemE-nt. SuSjcct to t--- Payment Limit, it is the intent of the parties hereto that the total pay::.tnt to S::bgrantee for all services and program activities provided under this Agreenent shall be only for costs that are allowable costs (see Paragraph 3. below) and ars_- actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord— ance . ith the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Paymmert Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each t:onth, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management. Circular Fi:C 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost) , and, subject to said Attachments-A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in Vnich said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments nade by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: Sub teats e— County• De t. p 01065% - 1 - C:,:+tra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSI: Projects) Number 28 —— 0 5 7. Aulits. The records of the Subgrantee may be audited by the County, ScUte, or t'n_ted States government, in addition to any certified cost report or audio required bJ• the Program Operatirp Plan. Any certified cost report or audit required by the ?rod_:•^ Operating Plan shall be submitted to County by Subgrantee within such period of tiie as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later. than 18 months from the termination date of this ment. If such audit(s) show that the payments Heade by County pursuant to ?c_agraph 2. (Payment Amounts) above exceed the allowable costs that have acuter ly been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph b. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement e_tceed the payments made by County pursuant to Paragraph 2. (2a}went Amounts) above, including any adjustments made pursuant to Paragraph G. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agreas to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: Jjo Subg tee C my Dept. ORM i — 2 _ Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 28 Number 1. Compliance with Lata. Subgrantee shall be subject to and comply with all Federal, State and local laws^and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and cages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and wake available for inspection by authorized representatives of the County, the State of California, and United States Govern�:.ent, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Fundinj. Notirithstanding Paragraph 5.a. above, in the event that Federal, State,. or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this ALreement except to the extent that they further detail or clarify that which is alre8dy required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendicnt executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. 0108 Initials: c% Sub gYantee County Dept. spill %ig: � �.. �.c•'.,a,} + ,. :_..Y6. �.: ."`..:::., n'7..?xs ua :. .. .�:-_ ...;;• '-�-.E`.:-:,. -tr._. ..:��k.A.::.s�`�� .. h;±Aw.. ,t. ,r Ma.�' Y."` Contra Costa County Standard Fora GENERAL. CONDITIONS (CETA Title VI Subgrants)Number 2 8 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determinatio_, in writing by the head of the County Department for which this Agreement is mz:de or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Idaiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with to requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from. bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreerent or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. lb. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowinal.y and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee aErees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, se_:, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religiour, warship or instruction. 0 1OU07 als: vJ Subgranteeunty Dept. -2- v. Contra Costa County Standard Form- GENERAL or-GENERAL CONDITIONS (CETA Title VI Subgrants) G� Number 2 74 5 13. Inde=nification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for da=ages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with th.: operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policie3 of comprehensive liability insurance, including coverage for owned and non-owned aut--^abiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. t•:orkers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, tae State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Suborantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and ray be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agree,7.ent is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, ;fartinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly suaersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: 12 Zoa Subgrantee County Dept. 010"0 -3- Nrr, a SPECIAL CONDITIONS (CET; Title VI PSE Projects) �' Number 2 `' 0 1. Co:.Dliance with Federal Requirements. Subgrantee shall comply w; th all Federal re-Mations, tuidelines, bulletins, and circulars applicable to Title YI of tha Conpr-i.-h, nsive Emplo)—ment and Training Act of 1973, as amended, includir. Titl.r• 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as pl!3lished in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may b2 revised and mended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph S. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, ;:hall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Hanpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain In the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Pa}=ent Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payUents otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partit%- pant, including Subgrantee's staff, -or to expend less during the effective tern of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any paynants made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. or Ini.r..i.Ala: _ 5ubgantee + unty Dept. M. �. V��.f7 ••+Y.. �.rA JNtL.. a .i'11' jE�b . :-' .ate.• a SPECIAL, CO`:DITIO::S (CETA Title VI PSE Projects) Number / . Statistics, Re?orts, and Records. Subgrantee shall };eep and maintain such docu-:_nts, records, and accounts as may be required by the County or the Federal stsrute,, reL;ulations, guidelines, bulletins, and circulars applicable herceto. Sub:rcntee shall compile, co::pute, and provide to County all such statistics, pra;;r.=1 rf!por4s, and records as -a}• be roquired by County. Said documents, accounts, r•:ports, and records shall be maintained and provided in the form and manner pruscri.bed by Co;;nty. S. Child Labor. No person under 18 years of age shall be employed in any occl!pa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between, 16 and 18 years of age (pursuant to 29 CFP. Part E) . Any eligible participants unc.,r 16 years of age will be employed only in accordance with the limitations imposed by 2 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable regl:ire- ments of Executive Order No. 11246, entitled :'Equal Employment Opportunity," as aranded by E::ecutive Order No. 11375, and as supplemented in Department of Labor Regulation3 (41 CF---7, Part 60). Subgrantee hereby certifies that it has an Affirmative Action P.l.an, if required by State or federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin i=29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reporter to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and naintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a•. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. :nen Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular MC 74-7, Attachment C, Paragraph 2., pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: t% . Subgrantee �'Cyounty Dept. 01072 -2- SPECIAL CONDITIONS � (CETA Title VI PSE Projects) 28 - 705 Number 13. Prooerty Management Requirements. Subgrantee shall comply with applica:,l_� re;u__e=ents established by County or the U.S. Department of Labor governing tha procurenent, c:enership, use, and disposition of CETA equipment and other person_O. per:-' (irciuding ^inor equipment costing over $50 per item and unused expend.-i-.1e p: rsonal property with a total inventory value over $500) . Subgrantee shalt est--t`,1.ish a control system, to ensure adequate safeguards to prevent loss, damage, or theft en pr:�pert , including CETA equipment. 14. PrO7ert1 Records. Subgrantee shall maintain accurate records of any CETA equip-men= and other such property procured with CETA funds or otherwise acquired LMIer this Agreement in accordance with requirements established by County or the U.S. D�parL- r:ent of Labor, including, Federal Management Circular FISC 74-7, Attachment id, Par;.graph 5.a. , pertaining- to the maintenance of records to provide property description, idenci i- cation nu--tiers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records) , page 1, of the General Conditions, Subgrantee shall retain such property records for three years after tha disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Depnrtr..ant of Labor for such procurements with CETA funds, including Federal Management Circular F14C 74-7, Attach=ent 0 (Procurement. Standards). Pursuant thereto, Subgrantee shall: a. Mlaintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide -IaNimum open and free competition and prevent. conflicts of interest or noncompetitive practices cc:ich may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. utilize, for procurements over $10,000, the method of formal advertising, u=th adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency twill not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. lb. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: ZA Subgrantee Founif Dept. 010*173 -3- SPECIAL CONDITIONS (CETA Title FI PSE Projects) Humber 5 17. Davis—Bacon Wage Fates. Subgrantee shall comply with applicable regul:3tions t^e L. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding piyme-tt Prevailirt, wage rates to all laborers and mechanics employed by Subgrant4a or- an-• _�bcontractor in any construction, alteration, or repair, including paintin-, and corating, of projects, buildings or works which are assisted under this Agreetcirnt, i^ accordance with the Davis—Bacon Act, as amended. 13. Final Subgrant Closeout. In the event that the program operated by Sub.,rar..!e u_.der this Agreement is not funded by County under a new Agreement following termination Of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports requir !3 by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee ?ursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the ?ayment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpo::er Project Office will represent the County in all the program phases of the ::ork, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this -Agreement. The Manpower Project Office shall at all times have the right to inspect, =onitor, and evaluate the work being performed under this Agreement. 00, Initials: 44 Sub ntee County Dept. —4- 010A { L ASSUELVICES AP:D CEB-TIFIC TIM?S (CETA Title VI Subgrants) 28 - 705 Number abject to the General and Special Conditions, Subgrantee assures and certi.Eies A. General Assurances. 1. It :ill comply with the requirements of the Comprehensive Employment and Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839 and P.L. 93-5i7, 82 S__==. 1843 and P.L. 94-444) , hereinafter referred to as the Act, and with the ru,;ula- t__=s and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FPLC) 74-4 and 74-7, as tz,se circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents u: :__ the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, _= shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may tate appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, no_ion or similar action has been duly adopted or passed as an official act of the S• bo=antee's governing body, authorizing the execution of this Agreement, including all ='-standings and assurances contained herein, and directing and authorizing the person _d=ntiiied as the official representative of the Subgrantee to execute this AC. greament a,c to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (?.L. 88-352) , and in accordance with Titles VI and VII of that Act no person it. thc! t =eco States shall on the, grounds of race, color, sex, or national origin, be excluded participation in, be denied the benefits of, or be otherwise subjected to discrinii- n_=:ion under any program or activity for which the Subgrantee receives Federal funding ('_-eluding this Agreement), and the Subgrantee will immediately take any measures m=cess?ry to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide e_ploy-^ent, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the :ill discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, -litical affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result, of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall in-.olve political activities (section 710 and 703(2)). Initials: 0" Sub antee C unty Dept. 010'5 -1- r �1 t ,�, g,5 z. ..�., EYxyus• `ti n�� `':. v "_9.wa k�'S=4,.»:..r_=i.. T �'"� �g.;�'k.,.iP.r..r:�1sJf_.._, A.3C +.s v--+� .. . G.-:^�".T1w'�ifr.�°.i 1;1.:;.'-i+YL .. b..b '.i :ti3S __ _ _ _ ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 705 11. 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 Clair, nor themselves or others, particulariy those with whom they have family, business, or other ries (section 702(a)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to e:.anine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)) . 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 203(4)). 17. Its program will not result in the displacement of employed workers or i.:.pair existing contracts for services or result in the substitution of Federal funds C or other funds in connection with the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Sub antee County Dept. 0101-13 ASSUF_S_NCES AND CERTIFICATIONS (CETA Title VI Subgrants) aw Number 28 - 700 23. Its program will, to the maxim= extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)) . 24. Its program has adequate administrative and accounting controls, personnel s_a:__ards, 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)) . 26. Individuals receiving training on the job shall be compensated by the e= ?oyer (Subgrantee) at such rates, including periodic increases, as may be deemed re=sonable under regulations prescribed by the Secretary, but in no event at a rate w ,ich is less than the highest of: (a) the minimum .age rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage fcr the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 o_ the Act. 28. Services and activities provided under this Act will be administered by or u�c_r the supervision of the Subgrantee (sections 105(a)(1)(B) and 205(c) (1) . 29. No funds made available under the Act shall be used for lobbying activities in viclation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Later Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Envi:or_=ental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) i_t will notify County, 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 under this Agreement is under consideration to be listed on the EPS? List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing co=plrr_entary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whetbor in the public or private sector of the economy, (b) provide participants with ski II , for which there is an anticipated high demand, or (c) provide participants with self-::r-!veloprent skills; except where exempt under the provisions of section 604 of the Act, rovidcd, however, that nothing contained in this paragraph shall be construed to. preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604) . Initials: Su grantee CKunty Dept. 0107 1 -3- 1 ASSUFUU10ES AND CERTIFICATIONS (CETA Title VI Subprants) Number -28 - 705 I 2. To the extent feasible, public service jobs shall be provided in oc:.:=.cpational fie-ICS which are most likely to expand within the public or private sector as tE� : u p?o m-ent rate recedes except where exewpt under section 604 of the Act (section,, 2:15(c) (6) and 604). 3. It will give special consideration in filling transitional public jobs :o unemployed persons who are the most severely disadvantaged in terms of tee leacth of ti.e they have been unemployed without assistance, but such special consideration s':all not authorize the hiring of any person when any other person is on lay-off from t':e same or any substantially equivalent job (section 205(c)(7)). 4. No funds will be used to hire any person to fill a job opening crenz:ed by th.e action of an employer in laying off or terminating the employment of any oth-!c regu?ar employee not supported under the Act in anticipation of filling the v1c--n,:y so created by hiring an employee to be supported under the Act (section 205(c)(8)). 5. Due consideration will be given to persons who have participated in taantower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c)(17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. i:'here appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the s-ame or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) providing those persons so employed, who do not u ish 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c)(21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(x)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in. the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in 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 that no job will be filled in other than az entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)). Initials: Subgfantee County Dept. 010,78 -4- ASSUR.U4CES AND CER'TIFICAnoNS (CETA Title VI Subgrants) Q Number 2S 705 13. Jobs are in addition to those that would be funded by the Sub,;rantee in tc:e a'jsence of assistance under the Act (section 205(c)(24)). 14. Persons emplo ed in public service jobs under this Act shall be paid ::Noes wnlch shall not be lower than whichever is the highest of: a. The minimum hourly gage set out in section 6(a) (1) of the Fair Iabor Standards Act of 1938, as amended. The only exceptions to section 6(a)(1) are wheril a pa==icipant is exempt under section 13; b. The State or local minimum wage for the most nearly comparable covered e=ploym ent; c. The prevailing rate of pay for persons employed in similar public otc-Upations by the same employer (section 2O8(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 co=unity 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to eligible disabled veterans, special veterans, and veterans who served in the Armed Forces and who received other to=a a dishonorable discharge within four years before the date of their application. Suborartee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. SDechic effort should be made to develop appropriate full or part-time opportunities fon such veterans. In order to ensure special consideration for veterans, all public sa vice employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hour: (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, t:a:- also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 2O5(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 1O4(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a)(2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 6O3(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from une=ployed and underemployed persons (section 2O5(c) (2O)). Initials: Sub rantee County Dept'. -5- 010'19 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) ",� Number 2 v 7 0 tom. 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgr< nt Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and progra..1 activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (-4r) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDA, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to. Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: S rnntee my Dept. —1- 01080 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number Sul-grantee must obtain written verification of eligibility from the County's Manpower ?ro, :zt Office prior to the hiring of any such applicant, except that in cases of ap a-its who attest in writing to their own eligibility, Subgrantee must obtain necessary written verification from County no later than 60 days following t*-e ate that the applicant is hired by Subgrantee; in such cases, participants who :tre fou, to be ineligible shall be terminated from participation hereunder immediat-tly br Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification o ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each' such person must be bot;l: (a) A member of a family which either receives cash welfare pay=tints or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)j which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 130 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Sub antee County Dept. _2- 01081 PROGRA.K OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 7105 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, El Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)). 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann :filler, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Sub antee un y Dept. -3- 01082 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 8 - 70D 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met ant, to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participan=a, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to U.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgraatee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assist jobs. OF Initials: 114 ". S antee County Dept. -4- 01083 N PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 28 - 705 Number l4. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable cosCs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.1_, and 95.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work—related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Sub antee Co my Dept. -5- 01081 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) 2 8 a. 7 0 T' Number a 1. PSE Project Job Positions. NEIGHBORHOOD HOUSE OF NORTH RICHMOND INC (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Emple�mi-at a. Project Term Job Titles Positions (:Ian-Hz%iths) #309 7/18/77- Unit Coordinator 1 12 7/17/78 Drama & Film Specialist 1 12 Arts & Crafts Specialist 1 12 Dance Specialist 1 12 Beautification Specialist 2 24 Youth Counselor 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CET: wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: .� S antee County Dept. 01085 .. , Law.�-3w PROJECT BUDGET Number 28 - 705 1. PSE Project Budget. �iFTCHRORHOOn HOLISF OF NORTH PTCH'"0\jZ, INC. (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projcct under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: PROJECT BUDGET a. Project. Cost Categories (Federal Funds) :7309 (1) Participant Wages $ 62,916 (2) Participant Fringe Benefits 7,911 (3) Training 1,420 (4) Supportive Services 2,000 (5) Administration 2,000 TOTAL (Project Payment Limit) $ 76,247 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Pian on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plate, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred .by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: Subgrantee g ee County Dept. -. - ne .r w"wv --`-•- .:::. -.� sem`*. :a --is>.....:r '' r -'"+ '� x r � '�' �� In i'31a Board o; Svaeriisors r or onsra ossa County, Slate of California September 20 1 19 77 In the hka::er or` _u_horizin the Director, Euman Resources Agency, to Execute Sub,--rant Agreements with Forty-Se-:en CETA Title :'I PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain C-TA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Sub-raatee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to mare initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- cents with each Subgrantee, and The Board having considered the recommendation of the Director, Hunan Resources Agency, regarding the need for prompt execution of such Subgrant Agrezmea_s with each of the Subgrantees currently' authorized to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf o the Couaty, standard fora Subgrant Agreements with the forty-seven (47) C'M Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard fora Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1975, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977 . I hereby certify that the foregoing is a trus and correct copy of an order entered on th3 rninu;es of said Board of Super.-isors on the date aforesaid. Orig• I'.unan' Resources Agency Witness my hand and the Seat of the Board of Attn: Contracts S Grants Unit Supervisors cc: County Administrator afiixed thisynrj;doy of September 19 77 County Auditor-Controller County Manpower Project J. R. OLSSOV, Clerk Director Subgrantees sy �v -c� L'`�=-��f, . . Deputy Clerk .Jeanne 0. `iacrA:6 RJP:do X108.7 P-24 3/7615m (r\CC:10111.3vnC to 9/20/77 Board Ordor) C1.'1'A '11' I.E., VT 11URI,TC Sl.IM(Il1. 141!'LOYl•iEN1' VROJECT SU110RANT Ats1,10.l•1U.N'1' SPI.CTFT.CA'1''fONS C11A1;'1' (l.ticJ.ucict 11rojec:ts•: tttsl:ts()t•J.vod 1,'ov -l.mp1miletsLit l.lon In June rtst►I Atit;ts:st,'�Ih77) -� I f�eto NSI. "ubr•t•ctntar:z s 14AXT.MUM 12•-MON'1'11 11110.JEC'l' :+U1;G1tAti'f'i.l: PRO.1!.C'P NUR131,1t NUMM-11k 0V�.1O11S PAYMV11`1. 111h17'`i` 1, Ct�ntr:t G►est::t Luf;n1 "ctvic:t�:: Nc►ttttct:ttl.cstt 1102 3 , :1.1 ,3(,'1. s1 , 3s•'" Inc. 2, ilonte llealth and Counseling Services, Inc, 310 3 19,704 311► 2 20,494 1:0,19s 3. City of Pinola 312 3 40,810 313 2 26,917 314 1 13)025 315 1 13,025 316 1 11,750 105,527 4. United Council of Spanish :peaking Orpsnization5, Inc, 304 4 42,686 304B 3 31,612 305 5 50,074 1241372 5, Nei •ttborhood house of North Richmond Inc. 309 7 76,247 76,247 � � 6. Los Medanos Community Hospital District 322 4 431584 43,584 7. Alameda-Contra Costa Council of Camp Fire furls, Inc. 321 3 30,989 30,989 8, Dnki Research Institute, Inc, 327 5 58,382 328 7 8513Q2 143,664 9, Pinola Family YMCA 300 It 38 ,980 38,9SO 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 , 106,9f'2 11. Carquinez Coalition, Inc, 308 4 49,196 30813 3 44,963 94,159 12. Phoenix Programs', Inc.' 329 7 68,91,6 6S ,94 13. New horizons Center, Inc, 325 3 32,762 32,762 14, Contra Costa Children's Council 331 3 33 ,152 33 ,153 . ti��.�.: :'l1','.l'•l+ lMi� r'J 'v% 1 ! 1•La+•!f :�'. :!L•+ � .,. MAXIMUM 11•.OJEC'r SU 11C1;A„'t'I:1: 11RUJ 1 G11' NUh111F:R NUMBER O .)(M.", PAYMENT 1AMIT 15. Social Advocates for Youth---Diablo VnIley 333 7 $ 66,917 16. Contrm Costn Cri,in and Suicide Intervention 326 3 30,494 30,494 17, Fast County Rcf:ouren Center, Inc, 31.7 3 37,706 37 ,706 18. International I.nstitutc of Alameda County 334 4 37 ,322 37 19, Mt. Diablo YMCA 301 5 43,776 43,776 20, Region I\ American Indian Council, Inc, 323 7 84,448 84 ,445 21. Linton Business College, Inc, 320 3 23,872 23 ,372 22, Husical Arts of West Contra Costa County, Inc, 330 3 32,778 32,778 Current PSE. Subgrantees 1, City of Antioch 169 3 42,000 170 6 78,416 171 3 41, 105 172 1. 12,400 173,921. 2. City o_ Brentwood 173 3 32,087 32,L'37 3, City of Concord 174 6 82 ,080 175 7 95,760 176 4 541720 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 821080 182 6 821080 183 6 82,080 .820,800 184 5 68,400 4. City of B1 Cerrito 107 2 2.4,847 108 6 701774 109 2 21,346 1.1.0 7 8511.69 ill. 1 1.41051 1110 3 3i, 1.13 144 5. City of Lnfayette 145 l 12,436 010OZY 148 1 13,183 25,619 t • MAfiT.ltUtt 12-t'St�'d'i'lI i'1tU.Ti?{;'i ''(l�,l'T''tt"'': :;'.1Yi;StA':1'i' �.�-4.f::'i�i?;": Stt1;�:I;Ah'I'1't: 11)'OJT?C'I` NU;II3i'rK NUI-MER OV J0118 1'Al'ME: 1'1' i.T.'•1('S' G. city of Martinev 1.85 3 42,1100 185B 2 27,803 186 1. 14,204 187 1 121600 97 ,007 7. City Vittabt%rg 152 2 26,872 153 3 431417 154 3 36,691 155 1 13,140 156 ' 7 107,015 157 2 29,182 324,545 158 5 681228 . 8, Pleasant still Recreation and Park District 134 T. 1- 11,167 135 1 11,685 -2,557. 9. City of Walnut Crack 165 1 13,039 166 3• 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57 ,107 117 4 57 ,107 136 2 26,954 137 1 11,632 138 4 56,7'12 209,512 11, Brentwood Union School District 150 4 50,584 151 3 34,614 85,198 12, Byron Union School Distract 162 1 1.4,200 14 ,200 13. John Swett Unified School District 103 6 68,000 1.03B 7 76,384 144,3S4 1.4. Knightsen School District 104 1 12,83. 9 12,819 15. Larayette School District 105 3 39,200 105B 4 56,031, 106 7 951234 190,463 16. Liberty Union School District 143 7 94,767 188 1 12,052 106,Si- 9 01090 (ALacli-wC.-nt to 9/70/77 Board order) MAXIMUM 11110.1 ECT NU14111-11%, NIUM111-11( oil, .30111, 17. Hirtincz Unified School Dixtrict-. 62,000 16613 2 29 ,058 91 'Oss 18. "lloviga School District; 1.02 2 23, 475 1012D 5 5(),0()/, V 12 Y 1.7 9 19. Mt. Diablo Unified School District 118 4 561-328 119 5 58'.981 120 6 66,215 122 3 27 946 123 4 501'673 124 6 68,.1)36 125 4 45,846 126 6 68, 936 127 6 66, 215 128 4 56,328 129 4 44,044 130 11 51,711 131 4 44,027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 159B 3 40,788 160 4 53,196 161 7 90,200 236,887 21, Pittsburg Unified School District 149 3 36 ,382 149B 4 51,558 87,940 22, Richmond Unified School District 112 6 63,302 113 6 651664 114 6 651664 115 3 351.731 230,361 23, S3n Ramon Valley Unified School District 142 1 12,224 12,224 24, Housing Authority"or the. County of Contra Costa 141 6 . 861623 £6 ,623 25, State of California 190 3 33.1754 191 2 20,303 193 5 521599 194 1 10,5065,162 0109f Co n:ra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number 28 - 715 Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title Vr Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County) , for its Department n.--ed above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: SOCIAL ADVOCATES FOR YOUTH Capacity: Nonprofit California corporation Address: 1890 Second Street, Concord, California 94519 3. Term. The effective date of this Agreement is July 18. 1977 and it terminates Julv 17, 1978 unless sooner terminated as provided herein. 4. ?ayment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 66,917 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreements s subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work. necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reverence, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project; the application and approval documents of which are incorporated herein by ra-erance: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (ii. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Leal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1345); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCY Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COVINTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE By L `�/Y` B y _ Designee ,t AW r (Designate o fici 1 capacit• in public Reco—e ded by Human Resources Agency agency or corporation and affix .' corporation seal or attach a certified copy of the governing body resolution_ Bye, /.!l'^ t' % :' t. ,�_? - c��_� authorizing execution of this Agreement) Designee - G� C, Attest: Designate official capaci ) By (Form approved by County Counsel) Dated: • DZ ��2 .:ad:.r�'•s�•,.. .. '�"e';f.�' „ :.rn'' :fir, C=._... _Jnr... _aee.'.' .-' taa..mt:a+....'$ �. .7t�,C.. .., i R... �� _ _ _ �Y .. ... 'tilrt�-.. ..� .• •-•—,�`max.•}��~ Standard Form PAYMENT PROVISIONS (CETA Title V1 PSE Projects) Number 28 w Z 1. Pavnent Basis. County shall in no event pay to the Subgrantee a sum, in emcess o` tha total amount specified in the Payment Limit of this Agreem-ont. Subject __ t _ Limit, it is the intent of the parties hereto that the total pay: .nt ;o S::bg_az_ee for all services and program activities provided under this A;r-10-:!int s:.-_= :.a only for costs that are allowable costs (see Paragraph 3. below) and a.:e zutliv incurred in the performance of Subgrantee's obligations under this AgrL:cent. 2. Pa =er_t Amounts. Subject to later adjustments in total payments in accord- _nce :fith the below provisions for Cost Report and Settlement, Audits, and Audi sce3tions, and subject to the Payment Limit of this Agreement, County will pay an a=c nt equal to Subgrantee's allowable costs that are actually incurred each nont'll, b::_ s::bject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which art deter=fined in accordance with General Services Administration Federal Maaagemen= C rcmiar F_•:C 74-4, Attachment A (Principles For Determining Costs Applicable to Grans and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other dccc=e:its (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of p:o:-idig those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Pay- ent Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made cn County Der—and Form D-15 and in the manner and form prescribed by County. Subgrantee s =ail submit said demands for payment for services and program activities no later than 40 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the Department for which this Agreement is made or his designee, County will make =anthly pay=ants as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee c: a=, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its a=oora=, work or records, or (c) Subgrantee has failed to sufficiently itemize or docL*=ent its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the fore required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments =.=de b3 County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. I said cost report shows that the payments made by County pursuant to Paragraph 2. (Pay--ant Arounts) above exceed the allowable costs that have actually been incurred :,y Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: !�ZA b Subgra ee ounty Dept. 01093 - 1 - a_.Alb` t3� )•.� _ -c.':w-.r "a'.,i' ` R. ..-.iu.. ._...._._ .. _ w 1q"�"W „-::tra Costa County Standard Fora PAYMENT PROVISIONS (C£TA Title VI PSE Projects) Number s 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States goverment, in addition to any certified cost report or audit rpquired _..e Procrra= Operating Pian. Any certified cost report or audit required by the Operating Plan shall be submitted to County by Subgrantee within such pa_riod as may be expressed by applicable State or Federal regulations, policie:: or contracts, but in no evert later than 18 months from the termination date of this If such audit(s) show that the p yments made by County pursuant to ?aragrapa 2. (Payment A=ounts) above exceed the allowable costs that have acutally =yen incurred by Subgrantee under this Agree"ent, including any adjustments made .:::scant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to p=_y to County within 30 days of demand by County any such excess amount. If such _audit(s) show that the allowable costs that have actually been incurred by Subgrantee u,der this Agreement exceed the payments mad_ by County pursuant to Paragraph 2. (Pay-ent- Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such e::cess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or comp?ying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to per=or= • !V 'I Contra Costa County Standard For^ GENERAL CONDITIONS (CETA Title VI Subgrants) idumber28i 71 5 1. ComDlianca with Law. Subgrantee shall be subject to and comply with all F'_ _ral, State and local laws and regulations applicable with respect to its performance :nare%nder, including, but not limited to, licensing, employment and purchasing practices; and wn2,tas, hours and conditions of employment. 2. Inspection. S•ubgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Gc•:eranent. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Goverl-=er_=, the Subgrantee's regular business records and such additional records pertaining to t^is Algreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all dc=L=ents pertaining to this Agreement for three years from the date of submission of Subgrartee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the fundi-.1,g period covered by this Agreement or for such further period as may be required by la=s. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed wit^ the t:ork in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. b. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this agreement except to the extent that they further detail or clarify that Which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendi-lent executed by the Subgrantee and the County Administrator or his designee, s;:bject to .any required State or Federal approval, provided that such administrative aMend=e:,ts may not materially change the Payment Provisions or the Program Operating Plan. U�VJJraft— (//ZV Initials: Subgran ee V66unty Dept. -1- l r .,• s �,c •7 �. _.. �Y Contra Costa County Standard Fort GENEP-Al CONDITIONS (CETA Title tri Subgrants) Dumber 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agri�emert is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Lasa and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies ;ith the requirements of this Agreement, or acceptance of the whole or any part of said perfor=ance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual ,:.ade or kept by Subgrantee or any public officer or agency in connection with the administration of or relpt.ing to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the ndmiri.stration of such program. SuUbrantec s agreeto inform all employees, agents and partt:42rs of the above provisions, and that any person knowin;; .:aim,/:;:' .. . ,-. . ��[,r,..�a`' '•�.. '+`,`.: _...?e . .. _. . .... -. .L:ax...,...�l;v."::... Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number -• 13. Indemnification. The Subgrantee shall defend, save harmless and indemnify the C--unty and its officers, agents and employees from all liabilities and claims for damages °er death, sickness or injury to persons or property, including, without limitation, all cznseeuential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, nag-Iient or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or =_-d_f cation thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of cc=prehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a rinimum cc=b ned single limit coverage of $500,000 for all damages because of bodily injury, sic::ness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered undar the Subgrantee's insurance policy or policies. Not later than the effective date of this agreement, the Subgrantee shall provide the County with a cettificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and be delivered by deposit in the United States mail, postage prepaid. Notices to the Cc:::ty shall be addressed to the head of the County Department for which this Agreeiment is nide, c/o the County Public Service Employment Programs Office, 651 Pine Street, "w r_inez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not li.:.it any terry of the General Conditions. 22. _Nonrenewal. Subgrantee understands and agrees that there is no representation, i;)14cation, or understanding that the program and services provided by Subgrantee under this A-reement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: (1`2 Subgrant ounty Dept.- 01 ept. t 1OY-Y 7 -3- ?' SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 1. Co-o'iance ::itiz .ederal Requireaz:�nts. Sub(,rantee shall connly with ail :ee_?1 re::_iatioas, guidelines, bulletin:;, and circulars :applicable to Title VT of t Cecpreaznsive Emplay✓ent and Training Act of 1973, as mended, including Titi:• 29 O� ? Co4e of Federcl Regulations, Subtltic n, Parts 94, 96, 98, and 99, as pulili3hed intae =zeera Register, Vol. 41, No. 124, Friday, J:a;:e 25, 1976, Vol. 42, No. 7, T+�_s Januazy 11, 1977, and Vol. 42, No. 93, Friday May 1.3, 1977; as t3ay be revised and mended; and which are incorporated herein by reference. 2. Available Commies. Copies of the County's Project documents, as spacifi._-u in Paragraph S. (Project) of the Sub-rant Agreement, and all pertinent Federal strtaa_rs, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee renain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an indepez.dezt contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Pa;-ent Adjustments. a. if any funds are expended by the Subgrantee in violation of the terns of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expandi- tures from pa;-ents otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of t::is Ag_ee^ent than those amounts specified in the Project Budget. Within thirty 0 0) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of -Funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a Written notice specifying the failure to perform and --,"MEMO Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. 'InInitials: 4az.,�, vx�_ Subgran a County Dept. -1- 01098 SPECIAL CONDLMO:;S (CETA Title %,I PSE Projects) � t:umbcrr . — 715 ' 7. Sratis__cs, ReDurts, and Records. Subgrantee small Iceep and maintain such dac::,e.^.ts, rec--gds, a.^.d accau_xts as may be roquired by the County or the Ic!deral St?�li.es, :t?�-LI c ions, guidelines, bulletins, and circulars applicable hereto. Sub: .r ^tee s'-all con:)`le, compute, and provide to County all such statistics, pro ,I:.u;. rc:rOrts, a=C2 racords as may be required by County. Said docu.:ients, accounts, stmt;.;tics, reports, ar.d racords shall be maintained and provided in the form and :manner pr::s=c.i.bed by County. S. Child Labor. No person under 15 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons bet:rGe.n lb and 15 rears of age (pursuant to 29 CFR Part E) . Any eligible participants undr r 16 years of age ::ill be employed only in accordance with the limitations imposed by 219 CPR Part 570, Subpart C. 9. Affi =ative Action Plan. Subgrantee shall comply with all applicable requIre- ments o; E::ecutive Order No. 11246, entitled `.'Equal Employment Opportunity," as ar:�_:ded by Executive Order No. 11375, and as supplemented in Department of Labor ReUulat�.7 s (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Pian, if required by State or Federal law, which declares that it does not discriminate an the basis of race, color, religion, creed, national origin, sex, and age and which srcifies goals and target dates to assure the impleWentation of that plan. Subgrantee shall also co=ply with requirements established by County and the Department of Labor, including CETA RegionalBulletin P29-76, "Affirmative Action Requirements for FY 77." 10. L::vi_on=ental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuamt to the Clean Air Act of 1970 (42 U.S.C. 1557 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to t1ne U.S. Department of Labor and the Regional Office of the Environmental Protection agency. 11. Prc_:am Management Requirements. Subgrantee shall establish and raintain internal program management procedures for the effective administration of its public service e=ploy=ert program hereunder, including provision to: a. Monitor day-to-day operations, b. ?eriodically review the performance of the program in relation to program goals and objectives, and c. :leasure and evaluate the effectiveness and impact of program results in teras of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Finazncial ALnagement Requirements. Subgrantee shall comply with Federal Management Circular PMC 74-7, Attachment G, Paragraph 2., pertaining to standards for financial nanager_ent systems in federally-funded activities. Pursuant thereto, Subgrantee s:-all establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee stall adequately safeguard all Agreement funds, property, and other assets and shall erasure that they are used solely for purposes authorized under this Agreement. Initials: Subgrant(eee�(��]Coounty Dept. V 1 o t7al —2— a SPECIAL CONTITIONS (CETA Title VL PSE Projects) Number- 91 - 7 r 13. Property I'lanage{ent Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, &-nership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee scall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CET?, equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETI. equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. D_ art- n:.ent or Labor, including Federal Management Circular MIC 74-7, Attachment IN, Parz:.:raph 5.a. , pertaining to the maintenance of records to provide property description,_ identifi- cation numbers, acquisition date and cost, source, location, use, condition, and dispnsit='on. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local lavas, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMIC 74-7, :attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide rz:•:ir-um open and free competition and prevent conflicts of interest or noncompetitive practices which =ay restrict or eliminate competition or otherwise restrain trade. c. :lake positive efforts to utilize small business and minority-o»-r_ed business sources of equipment, supplies, and services and to allow these sources the maxi:•um possible opportunity to compete for the provision of equipment, supplies, and services precured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- nents ray be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. \evert:.eless, in all cases competition shall be obtained to the maximum extent practicable. Sub^rnntee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. ::epotis:n. Subgrantee shall comply with the Federal restriction prohibiting nepotis-i (29 CFR Subtitle A, Section 98.22) . Pur*uant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this 216-ree- mer.t if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgrantee t&Any Dept. 01100 -3- SPECIAL CONDITIONS (CF.TA Title VI PSE Projects) Nunbipr 2 8 7 1 5 ::. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regul�-:ions S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding; payn-ient pre-railing wage rates to all laborers and mechanics ewntoyad by Subgrantee ar any in any construction, alteration, or repair, including painting 3n.9 ___._=_izg, of projects, buildings or works which are assisted under this A4rez^•:.tt, i:: -_cvrdance with the Davis-Bacon Act, as amended. _Z Final Subgrant Closeout. In the event that the program operated by Suh.,rantee _-"e= =^:s Agreement is not funded by County under a new Agreement following ter►zLnati.on a= .ithin agreement, Subgrantee shall comply with final Subgrant closeout procedures es=a' =ished by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of _his :agreement, all financial, program, performance, and other reports required by C'=n_y under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, �ing materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to ally:: Subgrantee to incur allowable administrative costs during said 60-day closeout perio= :or the purpose of initiating a final closeout of this Agreement, preparing t. e above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Pa}anent Demands) of the Paycent Provisions for such �•--S?e administrative costs that are actually incurred, but subject to the p.=eint Limit of this Agreement. ??. County's Designated Representative; Modification. County has designated _s neo*.:er Project Office to monitor performance under this Agreement. The Project Office will represent the County in all the program phases of the but it is not authorized to change any of the terns and conditions of this Aaree=ent. Such changes shall be only by a properly executed modification to this .gree=eat. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: V/p, • S 4680an e C&dty Dept. -4- 01101 i ASSLr W, CES rUND CERTIFIC ATTONS (CETA Title V1 Subgrants) Number � � 7 5 __bject to the General and Special Conditions, Subgrantee assures and certit"%es General Assurances. 1. It Will comply with the requirements of the Comprehensive Employrenr and T_aiai _.Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839 and P.L. 93-5-'.:31 83 S:-=r--. 13=5 and P.L. 94-444) , hereinafter referred to as the Act, and with the re-ttla- t'_:ns and policies promulgated thereunder. 2. It will comply with Federal Management Circular (EPIC) 74-4 and 74-7, as t:^_as_ circulars relate to activities such as the utilization of funds, the opera ion of pro===s, and the maintenance of records, books, accounts, and other documents U sr cle Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, I: shall comply with them or will notify the County within 30 days after promulgation of rhe a_—ndnents or revisions that it cannot so conform, so that the County may take appropriateaction including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, = tion or similar action has been duly adopted or passed as an official act of the Sa's governing body, authorizing the execution of this Agreement, including all c:-4ersta -4izgs and assurances contained herein, and directing and authorizing the person i_`entif=ed as the official representative of the Subgrantee to execute this Agreement an' co provide such additional information as may be required (sections 102(x); 7'1(a) (`:) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (?._. 83-352), and in accordance With Titles VI and VII of that Act no person in the Uni_:ed States shall on the grounds of race, color, sex, or national origin, be e::.cluded fr= participation in, be denied the benefits of, or be otherwise subjected to discrimi.- nation under any program or activity for which the Subgrantee receives Federal funding (_n:lue_rg this Agreement), and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 5. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prcaioitiag employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide e=ploy_nt, or b. Discriminatory employment practices will result in unequal treatment of persons ::ho are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of 4.ny program under the Act ::ill discriminate with respect to any program participant or any applicant for parriciva=ion in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result.of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: IL SubSerant a unty Dept. —1— ASSURA_VCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 71 -) 11. 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)) . 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through, any authorized representative, the access to and the right to e:;amine all records, books, papers or documents related to this Agreement (section 713(2)) . 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)) . 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)), 16. It will ensure provision of workers' compensation protection to participants in (.n-the-job training, work e::perience, or public service employment programs under the Act at the same level and to the same extent as other employees of the employer (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' compensation insurance or medical and accident insurance for injury or disease resulting from their participation to those individuals engaged in any program activity u: :er the Act, i.e. , work experience, on-the-job training, public service employment, classroom training, services to participants, and other activities, where others similarly en aged are not covered by an applicable workers' compensation statute (sections 703(6) and 208(4)). 17. Its program will not result in the displacement of employed corkers or in_)a r e-xisting contracts for services or result in the substitution of Federal funds for other funds in connection with the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)) . 19. Training and related services will, to the maximum extent practicable, be cons'stent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather, than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide .iccess to them as necessary for the Secretaryfs or the County's review to assure that funds are bein; expended in accordance with the purposes and ,,riwisions of the Act, including the maintenance of records to assist the Secretary or County in determining; the extent to which the prugraiii meets the special needs of dis::dvantaged, chronically unemployed, and low income persons for ineaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Subgrantee C my Dept. -2- ASSU1 I:VCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number .� 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)) . 24. Its 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)) . 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)) . 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum tiagz for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section. 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c) (1) . 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For sub-rants in excess of $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. 1857C-8(c) (1)) or the Federal Vater Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environrantal Protection Agency (EPA) or is not othert.ise exempt: (a) no facility to be utilized in the performance of this Agreement has beep. listed on the EPA List of Violating Facilities; (b) it will *notify County, prior to award, of the receipt of any communication from the Dirsc-or, Office of Federal Activities, U.S. Environmental Protection. Agency, indicating that :: facility to be utilized under this Agreement is under consideration to be listed on ti:a EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. Additional Assurances Relating to Public Service Employment Prograr.s. For public service employment activity: 1. Special consideration will be g=iven to the filling of jobs which provide suff:.cient prospects for advancement or suitable continued employment by providing comr..e .,entary training and ,manpower services designed to: (a) promote the advancement of part'.?.Irrnts to employment or training opportunities suitable to the individuals involved, %:het c•r in the public or private sector of the economy, (b) provide participants with Skil_:. for %•:hick there is ar. anticipated hiJh denand, or (c) provide part3.c pants uith set - •:.:velc+p�,ent skills; except where exe-z p t under the provisions of section 604 0_` t*-e Act, ;.rovi.dc:d, however, that nothing courained in this paragrc:ph shall be ccnstrue:d to prec1 .: c persons or progrars for whom the foregoing goals are not feasible or appropriate (sccu_._ns 205(c) (4) and 604) . Initials: Subgrantee ' unty Dept. 01104 -3- ASSURANCES AND CERTIFICyTIO_dS (CETA Title FI Subgrants) �y Number 2. To the extent feasible, public service jobs shall be provided in occupational =ie hs ,hick are most likely to expand within the public or private sector as the un =lov .ent rate recedes except where exempt under section 604 of the Act (sections 2133(c) (6) and 604). 3. It will give special consideration in filling transitional public service icbs to unemployed persons who are the most severely disadvantaged in terms of the l.enoth o� tip-.e they have been unemployed without assistance, but such special consideration ssiZ 1 not authorize the hiring of any person when any other person is on lay-off fro;a t-e sa-e or any substantially equivalent job (section 205(c)(7)) . 4. No funds will be used to hire any person to fill a job opening created by tie action of an employer in laying off or terminating the employment of any other re;;�lar euployee 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)) . 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately az ail able (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the cct will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and ree.- luations and, where shown necessary, will make revisions of qualification require- =ats all levels of employment, including civil service requirements and practices thereto, in accordance with regulations prescribed by the Secretary or County, =z a Z`icw toward removing artificial barriers to public employment of those whom it _s purpose of the Act to assist (section 205(c) (18)). S. Where appropriate, it will maintain or provide linkages with upgrading and manpower programs for the purpose of: (a) providing those persons employed in r-b l c service jobs, who want to pursue work with the employer (Subgrantee) , in the sa-e or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) providing those persons so employed, who do not wish to Y�.:='sue perr,.anent careers in such field, with opportunities to seek, prepare for, and c_=ain work in other fields (sections 205(c) (19) and 604). 9. Its program will, to the maximum extent feasible, contribute to the elin- _ration of articificial barriers to employment and occupational advancement, including c:;:crtunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed it a i,,nn a fide professional capacity (as such term is used in section 13(a)(1) of the _air Libor Standards Act of 1938) , except that this paragraph shall not be applicable in t:! case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies tCkit'- into account the number of unemployed persons within their jurisdictions and the ne-eds of the agencies (section 205(c) (23)) . 12. Its jobs in each promotional line in no way infringe upon the promotional ca=ori::pities which would otheiwise be available to persons currently employed in public service jobs not subsidized under the Act, and that no job will be filled in other than an c : ':_y Level position in each job category until applicable personnel procedures and co:l, -tive bargaining agreements have been complied with (section 205(c) (24)). Initials: �lle�? Subgrantee . unty Dept. 01105 -4- IN I . , 0 ASS11RANCES 1,0M CFRTIFICATICINS (CETA Title V1 Subgrants) Number 28 - 715 Number 13. Jo'),; are in addition to those that would be funded by the Subgranti_,f! irr titer o.':).;ence of assistance under tht, Act (sect Lon 205(c) (24)). Persons employed in public service jobs under this Act shall bu pa Lc: .::,",es whi,:- s:all not be lower than whichever is the highest of: Z . The minimum hourly wage set out in section 6(a) (1) of the Fair I, :"rur Staa^3a_2s Act of 193S, as amended. The only exceptions to section 6(a) (1) are w'ri_:ro a par.iciDart is exempt under section 13; b. The State or local minimum wage for the most nearly comparable cu•;rred e-p_ay c:en t; c. The prevailing rate of pay for persons employed in similar public occu?ations by the same employer (section 208(a)); d. The minimum entrance rate for inexperienced workers in the sane occ-upation in the establishment, or, if the occupation is new to the establis;lment, the prevailing entrance rate for the occupation among other establishments in the co=u_nit or area, or any minimum rate required by an applicable collective bargai:*_ag ag__enema t; or e. The prevailing rate established by the Secretary, in accordance with the Davis-Bacon act, as amended, for participants involved in employment covered b; the Davis-Bacon Act. 15. Special consideration shall be given to eligible disabled veterans, sp-cial 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into- consideration the extent that such veterans are available in th,e area. Spacific effort should be made to develop appropriate full or part-time opport+?=nit 2s for such veterans. In order to ensure special consideration for veterans, all p:I['�Iic ser-:ice employment vacancies under Title VI, except those to which former employee; are bei., recalled, must be listed with the State employment service at least 48 hour,; (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If suf=icient numbers of veterans are not available, the employment service, upon regcast, may also refer members of other significant segments. All other applicants are to be reierred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize tree assistance of State and local veterans employment representatives in formulating it:: program objectives. Subgrantee shall, on a continuing and timely basis, provide in_ormation on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(x) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c)(20)). Initials: Subgrantee Cou y Dept. 01106 -s- I PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 621 8 1. PSE Projects Program. Subgrantee shall provide certain administration and sta=gy services to establish and operate a Public Service Employment (PSE) Projects grog—am during the term of this Agreement pursuant to Title VI of the Comprehere_ii✓e E,ploym-ent and Training act of 1973 (CETA) and County's federally approved CE'f:k Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the SubgraUIL ag:ee=ent, and in accordance with the Project Job Specifications and Project Budgb-t are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specificatioas and ?roject Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title V1, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (u) in the Project Job Specifications and Project Budget and as a=ended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State EWplo Ment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bony fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate:: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Sub?rantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subg'rantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to' Public Service Employment Programs) , page S, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's :Manpower Project Office for verification of eligibility for participation. Initials: f/ 5u KgaFnt M C?Uey Dept. -1- 0110 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 8 — d 1 5 S:: -grantee must obtain written verification of eligibility from the County's Manpower Office prior to the hiring of any such applicant, except that in cases of app'_:cants who attest in writing to their own eligibility, Subgrantee must obtain :he necessary written verification from County no later than 60 days following the that the applicant is hired by Subgrantee; in such cases, participants why ars: `•� ,? to be ineligible shall be terminated from participation hereunder immediately b7 S::1grantee and Subgrantee shall not be liable for wages and benefits paid to 1religible participants prior to the date of receipt of written verification �= i_ieligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . C. Eligibility for Participation in Title VI Project Job Positions. =ac applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare pa_eats or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)1 *which in relation to family size is at or below either 70 percent of the lower living standard income level established by the S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(l)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between, the time of release and the time of appli- cation for participation in Title VI. Initials: Subgran ee Co&ty Dept. -2- 01108 ste.Aw: A + 177 i..r PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 8 — 6 1 5 (3) In hiring such new participants hereunder, Subgrantee shall a'_:a=ate funds and job positions equitably among the four categories of eligible :-:rsans specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, Es prescribed by County to the maximum extent possible given the composition of population of unemployed eligible persons, serving no one category exclusively a-_' excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as :)e expressed from time to time in writing to Subgrantee by County or the S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall alsa give special consideration on an equitable basis to eligible applicants who Ere from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35s veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English—speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring -='er this Agreement to applicants residing within the following subareas of sub- scantial unemployment: Antioch, Brentwood, Byron, Rnightsen, Oakley, Pittsburg, est Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor— parated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required veri ications, retain the information on which this documentation is based in a pa:--icipant's record file, and retain the applications of persons not selected :or participation and the reasons for their non-selection, in accordance with C= A regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)j. 7. Special Recruitment. Subgrantee will list all job vacancies under this ?rogram, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 S. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations '29 CsR Subtitle A, Sections 96.31 and 99.35). Initials: Sugrant a C5 ty Dept. -3- 01100 ••V ,f P.•.M PROGEUM OPERATING PLAN (CETA Title VI PSE Projects) Number28 - 715 9. Public Service Employment Positions. Subgrantee shall comply with CEPA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: 1�_np. , i/,�� Subgran unty Dept. -4- 01110 r PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) 6� �Q Number 2 V — 7 1 5 14'. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) al the Pa}Went Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions a:.d 29 CFR Subtitle A, Section 98.12(b), as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training o= public service employment participants hereunder and work-related supplies, equipment, and-materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including; devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: QSubgra2ffee CKdty Dept. -5- 01111 PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number F2 8 r 7 15 1. PSE Project Job Positions. SOCIAL ADVOCATES FOR YOUTH (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration a. Project of Job Employ.-�zt a. Project Term Job Titles Positions (Man-1,4onths) =:333 7/18/77- Youth Organizer 2 23.25 7/17/78 Neighborhood Organizer 2 23.30 Agency Coordinator 1 12.00 Assistant Program Manager 1 12.00 Office Manager 1 12.00 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA rwage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: 'ODI Subg4n, C nliy Dept. 01112 b" .4 PROJECT BUDGET Number 28 - 715 1. PSE Project Budget. SOCIAL ADVOCATES FOR YOUTH (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Pry;^.ct under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) :=333 (1) Participant Wages $ 56,725 (2) Participant Fringe Benefits 5,500 (3) Training -0- (4) Supportive Services -0- (5) Administration 4,692 TOTAL (Project Payment Limit) $ 66,917 b. allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall ¢aintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85s of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: S gran ee County Dept. 01113 ti . A sa.�..-:6:�.svt_-•._:'�•.'L'A ..s�'�T'!., .,�;r-Frn�cs,:�.Y.:�•lw:fix. a'`��.=•a"�`R`.�.Y�+.Y .+d :�,x at - ....,...-si;�F•�2.. .ars.: .. ab .vi .. _res__ �.. x ..� - _ .:.� -. _. .. .. ..�.. ..!�n.�.+Ll.r..... .. •. ''e..: .:ti rY ^rs--'�wt�:•�...._ai Rr _ ...tea_:...'...... 28 - x10 In Board of Suer/isors r Of Conga Cosa County, Sake of Calif jornia September 20 , 19 77 In the .4la::er or •s_"-arizing the Director, Hui-ian ources Agency, to Execute Sub:--s;t Agreements with ora y-Se-.en CETA Title VI ?3= P-roject Subgrantees The Board having authorized, by its Orders dated June 14, 1977, a -� Awast lb, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project V:sitions, in accordance with each Subgrantee's respective CETA Title VI ?roject Proposals, as approved by the County Manpower Advisory Council, an-' The Board having authorized, by its Orders dated June 283, 1977, Aus.:st 15, 1977 (referenced above), and September 13, 1977, the County Audi tor-Cont roller to make initial subgrant payments to certain CETA Title V! PSE Project Subgrantees, pending completion of Subgrant Agree- =en_s with each Subgrantee, and The Board having considered the recommendation of the Director, -=an Resources Agency, regarding the need for prompt execution of such S::b;,ar_t Agreement-s with each of the Subgrantees currently, authorized to operate CETA Title VI PSE Projects in order to maintain project operations =:d co-:�liance with federal guidelines, IT IS BY THE BOARD ORDERED that = e Director, Fiurian Resources Agency, is AUTI:ORIZED to execute, on be a-IAZ c_ the County, standard form Subgrant Agreements with the forty-seven (47) Title VI PSE Project Subgrantees identified in the attached "CETA title VI Public Service Employment Project Sub-rant Agreement Specifications Chart," upon approval of, the standard fora Subgrant Agreement by the Office oz tae County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring Of a PSE project participant under the respective project), and with P_oje_t Payment Limits and Sub-rant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Sub-rant Agreements. PASSED BY THE BOARD on September 20, 1977. I hersby carlify that the foregoing is a true and correct copy of an order entered on the, r..iru:es of scid Board of Supervisors on the date afottsoid. O i g: human'Resources Agency W11nes3 my hand and the Seal of the Board of A ttn: Contracts & Crants Unit Supervisors cc: County Administrator affixed this 2nt.1, of_Seyter:her 1g 77 County Auditor-Controller day County Manpower Project Director J. R. OLSSOv, Cleric Subgrantees Deputy Cleric .leanne Cl, 41ac,1 D C. 01114 r :'r Ism (Atat•tttuvilt to 9/;:t)f i i 11rntt ri VI do 1*) C;VTA '1'1''1'1,3, VT_)'U1tt,TC SI:IiV'tt;i. i?hii't,t)1tff;N1 i'Rt'1,TECT t1lWRAN,i' At�f.i:i.Pii;f� f, ,.i i;t,Tt 1'.CAPfi)i�, _CIIART_ . �� (ttir4.u�lu4t t't'tt,Ju(-t:: :tittilt)t l�,,t�t1 1't�t' Lt+tf.l�tss.tattt.tttjut% �(ti .!tide titin Atti tc.;L, 1.')lt) I• Rek' 11Si: lCC:: ..�,----- �r r,,, I�tAXItdtJt�i 12-t�i0N`I'31 t'Rt)J)sC`1" t•ta112•!U:•i StJ;,Cl::1;,s 5ti1:Ct� u� 1N*1`T.n, PKOJJEICY' NURMIR NUMBER OF JOBS PAYtdI,N'r I,7Dt'1.'1' PAti';•ti•::•""i' 1,t!•tIT 1, Contr;i Costa LcBnl Services I'oundnt:i.on, 302 3 $ 31,362 $ 31• ."{''• .,..� Inc. 2, !tonic health and Counseling; Servicesz, Inc. 310 3 19,70h 31.1. 2 20,494 1;0,198 3. City of Pinole 312 3 40,83.0 313 2 26,93.7 314 3 13,025 315 1 13,025 316 l 11,750 105 ,527 It, United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 31. 612 30413 � 501074 1241372305 5 , 5. Neighborhood House of North Richmond, Inc. 309 7 76,247 76,147 6. Los Medanos Comrrarity hospital District 322 4 431584 43,564 7. Alnneda-Contra Costa Council of 321 3 301989 30,989 Camp Fire Girls, Inc. 8. Enkz Research Institute, Inc, 327 5 58,382 328 7 851302 143,664 9. Pinole family Y1HCt% 300 4 380980 38 0 10. Contra Costa Community College District 318 6 60,450 319 5 46,51?. 10u, 9u? 11. Carquinez Coalition, Inc. 308 4 49,196 308B 3 44,963 94,159 12. Phoenix Progratns', Inc, 329 7 68,91.6 C's,g1.6 13. New horizons Center,- Inc. 325 3 32,762 32+762 lit. Contra Costa Children's Council 331 3 331152 �i..1 .:U .�'1fi t s '/i `'! 1 i �.ta! si t!`. r!.•1 MAMMU'I c;01;"I:AP1' FJ-' NUI-191-IR OF JO11S. PAYXI.11 L'(1.1Cr1' 15. Social. Advoentes Eor Youth---Diablo W.l3.ey 333 7 $ 6G 977 ( !' '•'1 � 16. Contra Cor,ta Cr.lwfi,; and N'ttle-ide. Intervention 326 3 301/191, 30,494 17. Fast County Rer.nurrcl. Center, Inc- 33.7 3 37,706 t? , 10G 18. Internutionnl Institute of Alameda County 334 14 37 ,322 17 ,:: Z 19. Mt. Diablo YMCA 301 5 43,776 43,7';6 20. Region IX American Indian Council, Inc. 323 7 $411448 .041448 21. Linton Business College, Inc. 320 3 23,872 23 ,572 22. 11u ical Arts of Wast Contra Corta County, Inc. 330 3 32,773 32,775 Current PSE Subgrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 3?,C'37 3. City of Concord 1.74 6 82,080 1.75 7 95,760 176 4 54,720 177 7 95,760 178 6 82,080 179. 7 95,760 180 G 82,080 182 G 821080 183 6 82,080 .320,800 184 5 68,400 4. City of Irl Cerrito 107 2 24,847 108 6 701774 109 2 21.1346 3.3.0 7 t15,3G9 3.11 3. v:'051 140 3 32,133 144 1 10,715 S. City of 'Lafayette 145 1 12,436 01116 148 1 13,183 25,619 MAXIMUR l2-1•101.1111 t°ll{).11?CT MAXI 1,111", tilll;C;11At�'1'1:}; 1'}lAJ1?C'C l�UM111;11. AU} BI.,lt OI+' JOBSPAYl�ll:NT .._._ . .._.,......_.....r.._.., w..._,_....._. _....._ ._ ._.... G. City of Martinez 185 3 42,l1U4 18513 2 7.7,SUS 186 7. 14,204 187 1 121600 97 ,007 7. City Pittsburg 152 2 2G,872 153 3 43',417 154 3 361691 155 1 13,140 156 7 107, 01.5 157 2 291182 11,14,545 3.58 5 681228 S. Pleasant hill Recreation and Park District 134 3 1 11,1.67 135 1 11,635 22,852 9. City of Walnut Creek 165 1 13,039 1.66 3 39,420 167 1 13,039 10. Antioch Unified School District 116 4 571107 117 4 57 ,107 136 2 26,954 1.37 1 11$632 138 4 56,712 209,512 11, Brentwood Union School District 150 4 50,584 151 3 34,614 j 55,196 12. Myron Union School District 162 1 14,200 14 ,200 13. John Swett Unified School District 103 6 68, 000 103B 7 76,384 144,3'34 14. tnightsen School District 104 1 12,819 »2,519 15. I.afayette School District 105 3 391200 - 105B 4 56)03/i 106 7 95,234 190,kG5 16, Liberty Union School District 143 7 94,767 188 1 12,052 1^_. 3 19 Oil V (tittachwr-nt to 9/20/77 Board Crder) �„,. I�f.A,".Zt•t�J`, 3. --?•t0IlI PI.O..FC'!' t•t;Y. ;:;... . � .'.�:.,. .': ht>,,:.. .. .;' SU1;G^At�9'I:C PROJECT 1'1UMBER NUMBER OF JOBS PAYI•IT-11' 1..1:MIT 17. Martinez Unified School Dintrict 146 5 $ 62,000 146B 2 29 ,058 9.1 ,OSu 18. ,Iornga School District 3.02 7. 7.3, 175 102D 5 59,00t, 52 ,179 19. Mt. Diablo Unified School District 118 4 56,328 119 5 58,981 120 6 66,215 122 3 27,91x6 123 4 50,,67 3 124 6 68,936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 441027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 159B 3 40,788 160 4 5313.96 161 7 90,200 236,887 21, Pittsburg Unified School District 149 3 36,382 149B 4 51,558 87,940 22. Richmond Unified School District 112 6 631302 113 6 651664 It 114 6 65,664 11.5 3 35,"731 230,361 23, Sen Ramon Valley Unified School District 142 1 121224 12,224 24. Housing Authority`rof the County of Contra Costa 141 6 86,G?.3 I'll f',L'"3 25. State of California 190 3 311754 191 2 20,303 193 5 57., 194 1 101506 115116'' .r 011 .8 Contra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number 2y - 7 1 2 1. Agreement identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Alanpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: PHOENIX PROGRAMS, INC. Capacity: Nonprofit California corporation Address: 2243 Mt. Diablo Street, Concord, California 94520 3. Term. The effective date of this Agreement is July 27, 1977 and it terminates July 26 1978 unless sooner terminated as provided herein. I... Payment Limit. County's total payments to Subgrantee under this Agreement shall .ot exceed $ 68.946 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 5. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subzrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- Dorated herein. 8. Pr_oject. This Agreement implements in whole or in part the.following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan ( 3. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the .-following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CO2:TRA COSTA, CALIFORNIA SUBGRANTEE By Designee (Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution authorizing execution of this Agreement) i Designee Attest: t--WWePv7x 0-00N!Z ie/ Designate official capac;.ty) By __� �Ao,�.— (Form approved by County Counsel) Dated: l/- 77 Microfilmed with board order .011119 Ip Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title V1 PSE Projects) ¢� Number 28 ." 7 1. Payment Basis. County shall in no event pay to the Subgrantee a sum itt excess of the total awount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total pay-ent to Subgrantee for all services and program activities provided under this Agree -nt shah be only for costs that are allowable costs (see Paragraph 3. below) and arra actually incurred in the performance of Subgrantee's obligations under this Agr:ement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an arourt equal to Subgrantee's allowable costs that are actually incurred each 12oath, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular PLIC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts lith State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other docu=eats (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will mage monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials:_ ` Subgrantee County Dept. 01120 Cut---r--- Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI FSE Projects) Q _ Number 7. Audits. The records of the Subgrantee may be audited by the County, State, or United Stares government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period Of time as nay be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 r:onths from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Mounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) snow that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment .-,-ounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess arount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials:�. Subgrantee County Dept. .i 01121 — 2 — ,Contra Costa County Standard Form GENERAL CONDITIO:iS (CETA Title VI Subgrants) - G 12 Number 1. Compliance with Law. Subgrantee shall be subject to and comply with all Fedecal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Insvection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Aoree=ent as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives o the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Suborantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrant44e and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative aierdrent executed by the Subgrantee and the County administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. 01122" Initials: Scib9tantee County Dept. -1- 0 •�;- ..w�A3'+v`'4a_.�i..^Tv"4^ 'h( _...4.'�'i.r.Y,'.a i' d+qK i.v. !i.d7Js �.. + Y 'Y Y ..Contra Costa County Standard Form GENERAL CONMITIONS (CETA Title SII Subgrants) - Number 6��+ 8 "' 7 12 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance ,.ith the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said perfor-.ance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. ' 13. Subcontract and Assignment_ This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement cr monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of intcrest. If Subgrantee is a•corporation, Subgrantee agrees to furnish to the Courts upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting conLi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be or_n to examination for any purpose not directly connected with the administration of such program. b. No person will publish or di:-.close, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partnr.rs of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdereanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and prograa activ_'Lties under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that nc:e shah be used, in whole or in part, for religious worship or instruction. Initials: 01123 Subgrantee County Dept. -2- 2Y+ a.naCt3��' +,2',,, m_':� ...s�:�`_%"�d.;F,.1's....s:,^�Ca .{±L_",:,."..,imp .rte...�..�'r�;=ti��:a. .str.''if.' .�'Ns.:.�: .aj., ar i.. A.9�^,...... �. .... :,.. .`, •m:�+sY.�. 7�� _ ....._9.d c�� ,• _ �r� Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title STI Subgrants) Number 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. hot later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to tine Country shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. ATonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: \A1,/--_. #1 S 1?,&antee County Dept. 01121 -3- zzw� .;$� -•< . SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q Humber 2 8 4 �4 1. Compliance with Federal Requirements. Subgrantee shall comply with all :ederal regulations, guidelines, bulletins, and circulars applicable to Title VE of :he Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as pcblist:ed _n the Federal Register, Vol, 41, t7o. 124, Friday, June 25, 1976, Vol. 42, too. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as nay be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business :ours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgraatee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the teres of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi— tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any proram partici— C.p=nt, including Subgrantee's staff, or to expend less during the effective tern; of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. T'ne Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Subgrantee- County Dept. —I- 0112) SPECIAL CO`'DITIOi;S (CETA Title VI PSE Projects) Number 2 8 " 71 0 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain secil documents, records, and accounts as may be required by the County or the Feder.:1 statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Sub£,rantee shall compile, compute, and provide to County all such statistics, pro�;rrl reports, and records as may be required by County. Said documents, accounts, sta(::stic :, reports, and records shall be rsa:intai.ned and provided in the form and manner presc�Jbed by County. S. Child Labor. No person under 18 years of age shall be employed in any occupy- tion which the U.S. Secretary of Labor has found to be hazardous for persons betty,-.1 16 and 18 years of age (pursuant to 29 CFF Part E) . Any eligible participants unv:'__r 16 years of age will be employed only in accordance with the limitations imposed by 2�: CF:-,. ?art 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable req�:ire- ments of Executive Order No. 11246, entitled "Equal Employment Opportunity," as ar>_nded by Executive Order No. 11375, and as supplemented in Department of Labor regulatiors (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative action Plan, if required by State or Federal law, which declares that it does ,not discriminate on tae basis of race, color, religion, creed, national origin, sex, and age and which Specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, includ_rg CE'TA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds 5100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1557 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environc2ntal Protection Agency. 11. Program: Management Requirements. Subgrantee shall establish and mairta:ir internal program management procedures for the effective administration of its p-blic service emplo;mment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Pleasure and evaluate the effectiveness and impact of program results in terns of participants, program activities, and the community. Mhen Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial inforation pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: lei S grantee County Dept. -2- 0112 SPECIAL CO,'%MITIONS (CETA Title VI PSE Projects) Number 28 - 7 -112 1 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FrIC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent. conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgr<?ntee's records of such procurements shall contain justification for subcontractor selecCion and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 93.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: Sub' antee County Dept. 011 V -3- SPECIAL CONDITIONS (CETA Title VI PSE Projects) 28 - 712 � Q Number 2 8 — 11y 1 2 17. Davis-Bacon triage Rates. Subgrantee shall comply with applicable re-ulzt_in-a3 of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding p,tylwat of prevailinc wave rates to all laborers and mechanics employed by Subgrantee or an subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this AgreLa_-at, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Sub grantee under this AQreenent is not funded by County under a new Agreement following ter;:dnation of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termLnaLion of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. r-� Initials: f9VYrantee Co ty Dept. -4- 01128 i ASSUPIANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 712 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General :assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839 and P.L. 93-56!, 88 Stat. 1845 and P.L. 94-444) , hereinafter referred to as the Act, and with the regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FDIC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operat'Lon of programs, and the maintenance of records, books, accounts, and other document:: under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, m,ition or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII of that Act no person in the! United States shall on the grounds of race, color, sex, or national origin, b^ excll!ded from participation in, be denied the benefits of, or be otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement), and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discrisinate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712)_ 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: S rantce County Dept. 01129 —1— I � ASSURMCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 2 8 ' 7 11. 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)). 12. It ::ill give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Part-icipants in Subgrantee's program will not be employed on the construction, operation or raintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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, classrocm training, services to participants, and other activities, where others similarly en- ed are not covered by an applicable workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County's re.iew 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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)). Initials: Su ` rantee Count) Dept. 01130 -2- ASSURANCES AND CERTIFIC_rtTIONS (CETA Title VI Subgrants) Number 28 - 712 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)) . 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1)(B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing conplewentary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604). Initials: Su antee Co my Dept. . 01131 -3- '`.�.v;e-_T� ." F, i ASSURANCES AAND CERTIFICATIONS (CETA Title VI Subgrants) r- Number 2 8 - 6 1 2 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except cohere exempt under section 604 of the Act (sections 205(c) (6) and 604) . 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c)(17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar cork, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). , 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a)(1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be allocated equitably within local governments and agencies to king into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in 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 that no job will he filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c)(24)). Initials: A, 01 Su9drantee County Dept. . 01132 -4- a ASSUIL&NCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 712 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 1 . Persons employed in public service jobs under this Act shall be paid cages which shall not be lower than whichever is the highest of: a. The mininum hourly wage set out in section 6(a) (1) of the fair L_:oor Sta^dards Act of 1935, as amended. The only exceptions to section 6(a) (1) are wile-re a participant is exempt under section 13; b. The State or local minimum wage for the most nearly comparable covered employ Tent; 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 comurity 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 employment covered by the Davis-Bacon act. 15. Special consideration shall be given to eligible disabled veterans, special veterans, and veterans who served in the Armed Forces and who received other tha:i a dishonorable discharge within four years before the date of their application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Speci is effort should be made to develop appropriate full or part-time opportuaititr!s for such veterans. In order to ensure special consideration for veterans, all pul5lic service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding, Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also reser meribers of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to S=ate and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a) (2) (B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). f Initials: S grantee County Dept. 01133 -5- i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 712 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgraat Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s) . Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached 'hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (K) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to,Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by .job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: grantee County Dept. -I- 01134 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number 2V - x' 12 Subgrantee must obtain written verification of eligibility from the County's Manpow�-r Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who ace found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)j which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. i Initials: Suyg?rantee County Dept. -2- 0113 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 V 7 2 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, El Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)j. 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the , County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: J� Sublgiqhntee County Dept. -3- 0113 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) C� �y G� Number 2 8 -- a 1 2 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under . this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers,. including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; C. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. (4 Initials: 41--� ' ff Sd rantee County Dept. -4- U11V PROGIM OPERATING PLAN (CETA Title VI PSE Projects) M`� S� Number 2 8 " 4 1 2 f 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Pa3ment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised), Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work—related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse CP or theft. Initials: ' S' grantee County Dept. -5- 01138 -.':rm..,w. ..-:......�,.�..".�.°"s.i'. k...... ..m.E4E .,. ,...au .. n.+�C G 9.. -. _k);;rm i,� M �F7 0*9 1,4•" r PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) �i Number 2 `� ^ 7 1 2 1. PSE Project Job Positions. PHOENIX PROGRAMS, INC. (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: _ Number Duration of Project of Job Employm.3nt a. Project Term Job Titles Positions (Man-Months) 1329 7/27/77- Transitional Service 7/26/78 Worker 5 60 Research & Evaluation Worker 1 12 Clerical Worker 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: rantee Cou ty Dept. 01139 PROJECT BUDGET Number 28 - 712 1. PSE Project Budget. PHOENIX PROGRAMS. INC. (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) #329 (1) Participant Wages $ 50,640 (2) Participant Fringe Benefits 13,218 (3) Training -0- (4) Supportive Services 3,300 (5) Administration 1,788 TOTAL (Project Payment Limit) $ 68,946 b. Allowability of Monthly Expenditures and Deobligation of Funds. No 1;1ter than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expanded by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: Uti Su gi antee County Dept. 01140 •__'+re,._..v.i �::= ., .. _sx.• x, In i,la Board o, 5lioyr/isor 28 - 712 of tionire Costo County, Ssote of California September 20 I9 77 In the Mo-.er of __utzorizin- the Director, Euman Rescurces agency, to Execute Subgrant Agreements with CETA Title VI PSE ?roject Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begs hiring to fill CETA Title VI Public Service Employment (PSE) Project p•csitions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County 111anpower Advisory Council, a n d The Board having authorized, by its Orders dated June 28, 1977, A*ug:st 16, 1977 (referenced above), and September 13, 1977, the County auditor-Controller to m--ke initial subgrant payments to certain CETA Title VI PSE Project Subgrantees, pending completion of Subgrant Agree- nents with each Subgrantee, and The Board having considered the recommendation of the Director, Hunaa Resources Agency, regarding the need for prompt execution of sc:ch Sub;;-art Agreements with each of the Subgrantees currently- authorized to operate CEiA Title VI PSE Projects in order to maintain project opera=io:e:: a=d Co-pliaace with federal guidelines, IT IS BY THE BOARD ORDERED that e Director, Ruc an Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Sub-rant Agreements with the forty-seven. (47) CEA Title VI PSE Project Subgrantees identified in the attached "CETA title VI Public Service Employment Project Subgrant Agreement Specifications Czar_," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be b_t::ezn June 20, 1977, and September 30, 1975, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to b_ linited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with P_oje_t Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard fora Suborant Agreements. PASSED BY THE BOARD on September 20, 1977. 1 hereby c_rtify that the foregoing is a tru9 and correct copy of an order entered on tha ...inu.es of scid Board of Supervisors on the date aforesaid. frig:. Eunaa- P.esources Agency Witness my hand and the Seal of the Board of Attr.: Contracts & Grants Unit Supervi3ors cc: County Administrator affixed this 2n �;doy of Seate-tuber , 79 77 County Auditor-Controller County Nanpower Project J. R. OLSSOU, Clerk Director Subgrantees gy 0Lyf '-G' 'A" 0 Deputy Clerk �f-Jeanne n. `lacl40 R P:do 01141. P-2.4 3!74r, !Sm It u e (ALI'.tc:lw-wilt cc) 9 0/77 It invcl 01-d t•) 'T 1 r 1 1 1 - M \ . 1 1 1 t \I 1 / 1 i 1 1 f /f a I r f \I, 61._#/1»„!1'91Y,, VT 1'U111.TC 41,M(I'1, r-111'11MM1?1411 P11t�.Il13"r 111'.0RA1v i At/1:1.F.�1i�.1JM1» S1?1?CTVT.Ct�_#.T0!�5 C1#R#N#, (l:ttt:J.t�citt5 !'1.u�t\t`to-1 tlut:lit)rJ.;:t.ti fol.- .ilitli1c.►.u:tctttLJoil In Jttiw and Atci;tc;tt 1.')77}W� I, New 1'S1: gubr,,rantcus: MAXIMUM 12-MONT11 PROJECT 'MA};?i•UM ctVJW,1:A1.:'1' y SUL'CRANTrE PIJOJRCT NUMBER NUMBER OF JOBS PAYMFrNII' LIMIT PAYM#"NT 1.Ii-11'T } 1, Contra Costa Legal Services Foundation, 302 3 y 31,362 $ 31. ,3162 Inc. 2, }tome 11calth and Counseling Servicer, Inc, 310 3 19 ,704 311' 2 20,494 40,198 f 3. City of Pinola 312 3 40,810 313 2 7.6,93.7 314 1 13,025 315 1 13,025 , 316 1 11,750 105 ,527 ! 4. United Council of Spanish Speaking Organizations, Inc, 304 4 42,686 304B 3 31,612 305 5 50,074 124,372 5. 14cighborhood House of North Richmond, Inc. 309 7 76,247 76,247 G. Los Mcdanos Community Hospital District 322 4 431584 43,584 7. Al amada-Contra Costa Council of Camp Fire Girls, Inc. 321 3 301989 30,909 8, I:nki Research Institute, Inc, 327 5 581382 328 7 851302 9. Pinole Family YMCA 300 4 38,980 38 ,950 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 , 106,9v2 11. Carquinez Coalition, Inc. 308 4 49,196 308E 3 44,963 94,159 12, Phoenix Programs', Inc, 329 7 68191,6 S 6 , ,nt,G \c' 13. Iveco Horizons Center,- Inc. 325 3 32,76\2 32,7 \2 14. Contra Costa Children's Council 331 3 33 ,152 33 ,1=,2 01142 :i a Ji LTi 4 t,' • / / . x .1 1 11 1 •�1'I 1 MAXIMUM 1.24110 1'I'II I11.0.11TT 11A?:I►.:V1.1 `:U IS( l;A4'l'I'IS NIZO.J1?(�I�N1111151at tillid1311�01 JOIS�� 1 AYhilal'I_-I,a hl1-I�--•-.- ..._.._._._.._._.. _i.._'.� ..�_._._...__._...... 15, Social Advocates for Youth-Diablo Willey 333 7 $ 66, 917 66,91.7 16, Contra Costa Crisio and Suicide Intervention 326 3 301494 30,494 17. East County Resource Center, Inc. 33.7 3 37,706 37 ,706 18. International Institute of Alameda County 334 4 37 ,322 37 .3.?,) 19. Mt. Diablo YMCA 301 5 43,776 43,776 20. Region IR American Indian Council, Inc. 323 7 841448 84,448 21. Linton. Business College, Inc. 320 3 23,872 23,572 22. Husic l Arts of hest Contra Costa County, Inc, 330 3 32,778 37.,77S Current PSS: Sub,,rantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 41,105 172 1 12,1100 173,921 2. City of Brentwood 173 3 32,087 32,037 i 3, City of Concord 3.74 6 82 ,080 ; 175 7 95 ,760 176 4 54,720 177 7 95,760 178 6 82,080 179. 7 95,760 180 6 82,080 182 6 82,080 183 6 82,080 S20,S0(� 184 5 68,400 4. City of El Cerrito 107 2 24,847 • 108 6 70,774 I 109 2 23.,34 6 i 3.3.0 7 85, 3.69 111 1 14,051 1110 3 3.44 1 10,715 :?50,015 5. City of Lafayette 145 1 12 ,436 01143 3.48 1 13,183 251619 `� ...,7ii;„ ia; ,t• ' :1� %! i;t •;ttl ltf�l •I') !', ,'t' t . • MAXIMUM 1.2-MONT11 PROJECT MAX7t•UM sLj,'(: ANT A P',F ':1::::'r SUrICXAI,T17 PROJECT ivUMBi;it 1`UrtI3EIt 01 JOIN 1'AY1`?i;;Q'1.' i,zid7.'P (.!:l1:'; 6. City of Martinez 1.85 3 42,400 18513 1 2 27,803 186 1. 14,204 187 1 12,600 97 ,007 7, City 1'ittaburg 152 2 26,872 153 3 43',417 154 3 36,691 155 1 13,1110 156 7 107,015 157 2 29,182 321151:5 3.58 5 68)228 ' 8, Pleasant hill Recreation and Park District 134 1 11,167 135 1 11,685 72,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Unified School District 116 4 57,107 117 4 57 ,107 136 2 262954 137 1 11,632 138 4 56,712 209,512 11, Brent-vood Union School District 150 4 50,584 151 3 311,614 85,198 12. Byron Union School District 162 1 14,200 14 ,200 13. John Swett Unified School District 103 6 68, 000 103B 7 76,384 144,334 3.4. Knight sen School District 104 1 12,819 12,83 9 15. Lafayette School District 105 3 39,200 105B 4 56,034 106 7 95,234 190,465 16. Liberty Union School District 143 7 943767 188 1 12,052 106,319 01144 i Vutacllwwlt fir, ISual:d Order) w , 'e'A,Kv, nq iz-mU'. ri, S'1?Q.II-C'!' 2'A"Te"„',; SUL'CRANTI.L' PR0JECi' NUMBER DUMBER Or JOBS rAyl,lsh'I' 1.1:I IT 17. Martinez Unified School District 1146 5 $ 621000 � 1146B 2 29,058 91 ,058 18. Mor:lRa School District 3.02 2 23,1475 1028 5 59,001, 82,1179 19. Mt. Diablo Unified School District 11.8 14 56,328 119 5 58,981 120 6 66,215 122 3 271946 123 14 501;673 1214 6 681-936 125 14 45,840 126 6 68,936 127 6 66,215 128 14 56,328 129 14 44,044 130 14 51,711 131 4 414,027 132 14 35,359 741,539 20, Oakley Union School District 159 4 52,703 159E 3 40,788 160 4 531196 ; 161 7 90,200 236,887 21, Pittsburg Unified School District 1149 3 36,382 149E 4 51,558 87,9110 22, Richmond Unified School District 112 6 634302 113 6 6546614 lit, 6 65 t 6614 115 i 3 351.731 230,361 23. Snn Ramon Valley Unified School District 1142 1 12,224 12,2214 24. housing Authority'of the County of Contra Coata 1141 G 86,623 0,61623 25. Stuto of California 190 3 31.7514 19]. 2 20,303 193 5 52,51:1 ' 194 1 10,506 115,16' 011 Contra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number 28 - 704 4 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: UNITED COUNCIL OF SPANISH SPEAKING ORGANIZATIONS, INC. Capacity: Nonprofit California corporation Address: 516 Main Street, Martinez, California 94553 3. Term. The effective date of this Agreement is July 11, 1977 and it terminates September 18, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $124,372 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE JBy By Designee (Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By-, authorizing execution of this Agreement) Designee Attest: _eupay) CC1 gr4 ckazlL (Desigfiate official capacity By (Form approved by County Counsel) Dated: 1:74-0 7 011-45" Microfilmed with soars or;4 :"� .. .,;. :;?g:t'- '�. T.s s'•r:-.-,. _ T'` R: � ., :'.a,. .__ ..?!r.»"�' .�'. »:aer.._rr�t 5' ..c:�. .-r _- �i.,.„ ...:s3'... 'r`�.s:-tr,a".-:a .sr... . 4 N Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 28 - 704 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials• ec� Initials: County Dept. 01141, - 1 - - Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI FSE Projects) Number 28 - 704 t 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: 4� 49 Subgrantee iufity Dept. . 01148 - 2 - Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Q Number 28 - 704 ! 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Suborantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the ;:ork in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, ronitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. S. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendrent executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. 01149nitials: �� Subgrantee Cotihy Dept. -1- ,.0 i Irv1 tf -Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 2 p — �.y n 4 , Number j� _` y 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. lb. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or. instruction. Initials: 01150 Subgrantee County Dept. -2- w � r Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 28 - 704 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance- requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this agreement will be funded by County under a new agreement following expiration or ternir_ation of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: Subgrantee County Dept. 01151 -3- SPECIAL CONDITIONS (CETA Title V1 PSE Projects) 28 - 704 8 ` 7o t Number 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. C. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to :subgrantee. Initials: Subgrantee County Dept. -1- -o11 52 SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 704 . 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled :'Equal Employment Opportunity," as amended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CYR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Plan, if required by State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, including CETA Regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10. Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program Management Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employment program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular FDIC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial management systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. Initials: 4c�_ Subgrantee County Dept. _2_ 01153 1" r n ,..s. ... -.- - ' .. .. � tee- ...rte •w-}+ SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 704 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records) , page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent, conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal .'advertising, and the basis for the cost or price negotiated. lei. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotinri (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not Hire any person in an administrative capacity or Staff position funded under this Agree- ment if a mer:ber of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgrantee County Dept. 01154 -3- 4. SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - '704 ' 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Subgrantee C u y Dept. -4- 0115=5 k yam. .4 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 704 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a); 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement) , and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 77.2). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirc:ntcnt that no program under tile. Act shall involve political activities (section 710 and 703(2)). Initials: Subgrantee CounLir Dept. 0115 -1- I I .+f ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 704 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)). 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be performed (section 703(7)) . 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section -703(8)). -- 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties vhich will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)). 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)) . 22. It will submit reports as required by the Secretary or the County and will maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadv:mtaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Subgrantee County Dept. -2- 01157 .di. �IFiCL�.]9' . '+t^S.: ._.;• "F S ': Wv.. r .1.... .e ., -i..�_...... � ... r .. ..+t s. �. x .. , v E a�� y ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 704 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its program has adequate administrative and accounting controls, perso=el 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 1O5(a) (1)(B) and 2O5(c)(1). 29. No funds made available under the Act shall be used for lobbying activities in•violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it trill notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcc*ntrac-. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which protide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advance=ert of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants uritis skills for which there is an anticipated high demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604). Initials: /C/ Subgrantee County Dept. 01155 -3- ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 704_ ' 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6) and 604) . 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)) . 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shop.-n necessary, will make revisions of qualification require- ments at all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)). 8. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee), in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) providing those parsons 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- ination of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a bona fide professional capacity (as such term is used in section 13(a) (1) of the Fair Labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c) (22)). 11. Jobs will be allocated equitably within local governments and agencies taking into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 1.2. Its jobs in each promotional line in no way infringe upon the promotional opportunities which would othe nrise be available to persons currently employed in public scrvieo jobs not subsidized under the Act, and that no ,job will be filled in other than an entry level position in each job category until applicable personnel procedures and collective bargaining agreements have been complied with (section 205(c) (24)) . Initials: Subgrantee County Dept. 01159 -4- i ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 704 t 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 2O5(c)(24)). 14. 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 exempt under section 13; 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 2O8(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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 2O5(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 6O3(a)(2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 2O4(c) of the Act (section 603(x) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 2O5(c) (20)). Initials: Subgrantee County Dept. -5- 01160 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number 28 - 704 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number U) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: 41= Subgrantee County Dept. -1- 01161 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 8 _ 7 0 4 t Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. Initials: Subgrantee CoafiEy Dept. -2- 01162 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q Number 28 — 7 O d Z (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)] . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Subgrantee County Dept. -3- 01163 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 704 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by Countyand applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; C. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing federally assisted jobs. Initials: a-__4 & _ Subgrantee County Dept. -4- 01161 OILG!•dVa..?V.";'ar ::'-�:��w r • 4\h' ... ._ k ^a..'o:a. ..1 a3:v.^_..w •� ... .I ... '.-air PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 704 , 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised], Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee County Dept. -5- 0116 ?3c PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) 28 - 704 8 - 7O Number UNITED COUNCIL 1. PSE Project Job Positions. OF SPANISH SPEAKING ORGANT7.ATTONS, TNC_ (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #304 7/11/77 - Interpreter/Immigration 4 48 7/10/78 #304 B 9/19/77 - Interpreter/Immigration 3 36 9/18/78 #305 7/11/77 - Bookkeeper Aide 1 12 7/10/78 Secretary/Receptionist 1 12 Statistician 1 12 Outreach Worker 2 24 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Subgrantee County Dept. 01165 n. .-xTR,�y" PROJECT BUDGET Q Number 2 8 — 7 ® 4 1. PSE Project Budget. UNITED COUNCIL OF SPANISH SPEAKING ORGANIZATIONS' INC. (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) #304 7/11/77 - (a) Participant Wages $ 33,600 7/10/78 (b) Participant Fringe Benefits 5,134 (c) Training 1,000 (d) Supportive Services -0- (e) Administration 2,952 TOTAL (Project Payment Limit) $ 42,686 (2) #304 B 9/19/77 - (a) Participant Wages 25,200 9/18/78 (b) Participant Fringe Benefits 3,330 (c) Training 554 (d) Supportive Services -0- (e) Administration 2,528 TOTAL (Project Payment Limit) $ 31,612 (3) #305 7/11/77 - (a) Participant Wages 42,000 7/10/78 (b) Participant Fringe Benefits 5,524 (c) Training -0- (d) Supportive Services -0- (e) Administration 2,550 TOTAL (Project Payment Limit) $ 50,074 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Initials: Subgrantee County Dept. -1- 01167 .6T,. ,i2k�iiI PROJECT BUDGET Q Number 2 y `►'j' ® 4 Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. 12-Month Project a. PSE Project. Project Term Payment Limits (1) #304 7/11/77 - 7/10/78 $ 42,686 (2) #304 B 9/19/77 - 9/18/78 31,612 (3) #305 7/11/77 - 7/10/78 50,074 TOTAL (Agreement Payment Limit) $ 124,372 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: Subgrantee County Dept. -2- 011 ID-3 . „p''F !''!(...:.e" -.¢.x��r,.',"nca ' „-..,'lr. k n. ��+.:_:. - .3w.. i?+Fe.=.•:-:�%.�....a+»crc;"u.. � .e...�.�. . �g�g �.pF.t�»,,. j� h F .�.1 28 - '704 In tha Board or .supervisors of Contra Costa County, Solate of California September 20 . 19 77 In the Matter of Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI_ Public Service Employment (PSE) Project positions, -in accordance with each-Subgrantee`s respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 (referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project -Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreamezts with each of the Subgrantees currently-authorized to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Hurian Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications --- Chart," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977,. and September 30, 1978, for operation of CETA Title VI PSE Projects-as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and Frith Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. I hereby certify that tha foregoing is a true and correct copy of an order entared on tha minutes of said Board of Supervisors on the data aforesaid. Ori g- !Human"P.esources Agency Mritne-u my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this ZD thday of_ September J, 19 77 County Auditor-Controller County Manpower Project Director / J. R. OLSSON, Clerk Subgrantees $y Q.,fs-,�,�.0 L�``�7��- f,,_.; Deputy Clerk �J Jeanne C1. 'iagl"o 01160 RJP:dg H-24 3/76 lam 1 (Muttchss. nt to 9/70/77 Hoard Orttvt•) Ct:'1'A '119'LE VT_PU_BT,TC ;iHIMC1, 171411LOY_MEN'S' PROJECT SR11ICRANT ACREEMENT ';)'i.t,TP T.CA' TONS CHART .... .. .^ ^(Ittr.l. Ide:; I'3'ts,jc�ct , all tilt) cl�i'rhilpl villutiui0Oil In .Jude 1111d Atigti!;C, 1.9117)µ""__.__ I, New PSE Subs,t•anteea: . MAXIMUM 12-MONT I PROJECT MAMMUM SUI;{',1:AI1'1' SUT;CRA\'i'f•.1s PROJECT NUBER NUMTIHII, OF JODS PAYMENT LIMIT PAYMENT LIMIT 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31. ,362 Inc. 2, Monte health and Counseling Services, Inc, 310 3 19,704 3111 2 20,494 40,198 3. City of Pinole 312 3 40,810 313 2 26,917 314 1 13,025 315 1 13,025 316 1 11,750 105,527 «; 4. United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304B 3 31,612 305 5 50,074 124,372 T. '_`"Vei,ghborhood House of North Richmond, Inc. 309 7 76,7.47 76,247 6. Los Medanos Community Hospital District 322 4 431584 43,584 7. Alameda-•Contra Costa Council of Camp Fire Girls, Inc. 321 3 30089 30,989 8, Enki Research Institute, Inc, 327 5 58,382 + 328 7 85, 302 143,684 9. Pinole family YXCA 300 4 38,980 38,980 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 . 106,962 11. Carquinez Coalition, Inc. 308 4 49,196 308B 3 44,963 94,159 12. Phoenix. Programa', Inc. 329 7 68,946 68 ,946 13. New horizons Center), Inc. 325 3 32,76?. 32,762 14. Contra Costa Children's Council 331 3 33 ,152 331152 . 01170 (;..tt,ic-111" ilt. to 9/20/77 *Bvar•d i)rcleC) .3;!.t' . "! r, MAXlfil11h1 1.2-•ittlNT11 PROJECT MA}.111U11 1'1M.11?{"1' NUhtl11:1? ti111-1111.1: 011 30MI PAYMP"F1T I.:11•!!.'1'� � .__ _ 1'AY,,'.1.!'._1. 1.'.E.'!.P '._.. ..__._......,.. 1.5. Social Advocates for Youth-Diablo Valley 333 7 $ 66,917 $ 6C,,9..17 16. Contra Costa Crisio and Suicide Intervention 326 3 30,494 30,494 17, East County Rcsourco. Center, Inc. 33.7 3 37,706 37,706 18. International Institute of Alameda County 334 4 37 ,322 37 ,322 19. Mt. Diablo YMCA 301 5 43,776 113,776 20, Region IX American Indian Council, Inc. 323 7 84,448 84,448 21, Linton Business College, Inc. 320 3 23,872 23,872 22. Nusical Arts 'of West Contra Costa County, Inc. 330 3 32,778 32,778 • Current PSE Subgrantees 1. City of Antioch 1.69 3 42,000 170 6 78,416 171 3 41,105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 32,037 3. City of Concord 174 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 1.78 6 82,080 179. 7 95,760 180 6 821080 182 6 82,080 183 6 821080 .820,800 184 5 68,400 4. City of El Cerrito 107 2 24,847 108 6 701774 109 2 ?.3.,346 1.10 7 8513.69 111 1 3.41051 1110 3 32,113 144 1 10,715 .1.'541,015 5. City of Lafayette 145 1 12,436 01171 148 1 13,183 25,619 ks'g.ltit:11"a•ll1 1.0 Vi! I f ;;0:11'tl lil't1t 1;� I .=;'�' j t,! 1. , MAXIMUM 12-MOrT11 PROJMT MAXTt•111r1 k11I CNAtr"1•C1 _ P)tOJ1?CT N11r1131;It NUMM."It OF .70115 � PAYMENT'_1-1-MIT ... ._ VAY111,'NT 1.11.11 T � �p 6. City of M,lrtillaz I.aS 3 A2,/100 18513 2 771803 186 3. 14,204 167 1 12,600 97 ,007 7. City Pittsburg 152 2 26,872 153 3 43•1417 154 3 36,691 155 1 13,140 156 7 107,015 157 2 29,182 324,545 158 5 681228 8. Pleasant Hill Recreation and Park District 134 l 1 11,167 135 1 11,685 22,852 9. City of Walnut Creek 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10, Antioch Unified School District 116 4 57 ,101 117 4 57 $107 136 2 26,954 137 1 111632 138 4 56,712 209,512 11. Brentwood Union School District 150 4 50,584 151 3 341614 ' 85,196 12. Byron Union School District 162 1 14,200 14 ,200 13. John Swett Unified School District 1-03 6 68,000 103E 7 761384 144,384 3.4. Knightsen School District 104 1 12,819 12,819 15. Lafayette School District 105 3 39,200 105B 4 561034 106 7 95,234 190,468 16. Liberty Union School District 143 7 94,767 188 1 12,052 106,51.9 01172 i Y (AttachTnent to 9/20/77 Board Order) Pa o. of !+ ' MAX MUM 12-MOM11 PROJhCT MAXTI-TIM SUBORAN'1' SUEGRANTI:C PROJECT NUMBER NUMBER OF JOBS PAYRENT MMIT � PAYMI'.M' 7.71•}71' 17, Mnrtinaz Unified School District 146 5 $ 62,000 14613 2 29 ,058 9.1 ,058 18. Mornga School District 1.02 2 23,475 102B 5 59,004 8,2,479 19, Mt. Diablo Unified School. District 118 4 56,328 119 5 58,981 120 6 66,215 122 3 27,*94 6 123 4 501.673 124 6 68,936 125 4 45,840 126 6 68,936 127 6 66,215 128 4 56,328 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,539 20. Oakley Union School District 159 4 52,703 159E 3 40,788 160 4 53,1.96 161 7 90,200 236,887 21. Pittsburg Unified School District 149 3 36,382 149B 4 51,558 871940 22, Richmond Unified School District 112 6 63,302 113 6 651,664 111E 6 651664 115 3 351731 230,361 23. San Ramon Valley Unified School District 142 1 1.21224 12,224 24, housing Authority'of the County of Contra Costa 3.41 6 861623 861623 25. State of California 190 3 33.1754 191 2 20,303 193 5 52,599 , 194 1 10,506 115,162 47 Contra Costa County Standard Form SUBGRANT AGREEMENT # (CETA Title VI PSE Projects) Q 708`+� Q Number 2 8 — o 8 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: ENKI RESEARCH INSTITUTE, INC. Capacity: Nonprofit F t! Arizona corporation Address: 9015 Fullbright Avenue, Chatsworth, California 91311 3. Term. The effective date of this Agreement is July 15, 1977 and it terminates July 18, 1978 unless sooner terminated as provided herein. 4. Payment Limit. . County's total payments to Subgrantee under this Agreement shall not exceed $ 143,684 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANT , By By Designee (Designate official capacity n public Recommended by Human Resources Agency agency or corporation and of x corporation seal or attach a certified copy of the governing body resolution By Zlto authorizing execution of this Agreement) Designee Attest: -DEPUTY (i 0AP- (Designate official capacity) By �- (Form approved by County Counsel) Dated: n, -3, 177 Microfilmed with y[, y •YA .. a . i� Sf �J JA._.�.i� .'.u. . '...`. iii•..r. .< .... .� Contra Costa County Standard Form PAYIEtiT PROVISIONS (CETA Title VI PSE Projects) Number 28 - 708 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this Agreement. If said cost report shows that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to County. Initials: Subgrantee County Dept. Contra Costa County Standard Forza PAYMENT PROVISIONS • (CETA Title VI FSE Projects) S " lv7Number 28 - 7 () 8 - 7. . Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period o_ time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. r Initials: if Subgrantee County Dept. 011'7 — 2 — �M-.4� ,i:'°7R ---F"y --.F--w. .r�w'it+•-5 _. L � Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 28 - 708� ' Number 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Government, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. 5. Termination. a. Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, may terminate this Agreement should the Subgrantee fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this Agreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment executed by the Subgrantee and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Program Operating Plan. Q (r} Initials '. J A — Subgrantee County Dept. -z- { Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title :T_ Subgrants) Q 2 - 70 � Q t Number Q V Q 9. Disputes. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, uti.thout the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest. If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such program. b. No person will publish or disclose, or permit or cause to he published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgrantee agrees that all services and program activities under this Agreement shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. Initials:. -A /F 01178 Subgrantee County Dept. -2- `J Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 2800708 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. i.otices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is made, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under a new agreement following expiration or termination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: ,/PJ e Subgrantee County Dept. 011'79 -3- wm ..•t s•�, ..s..:: `c`..,..c�;:a Zt;:4 w,Y N _ r 4 Y Y SPECIAL CONDITIONS • (CETA Title VI PSE Projects) Number 28 - 708 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training Act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified in Paragraph 8. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletins, and circulars), County may deduct the amount of such unauthorized or illegal expendi- tures from payments otherwise payable to Subgrantee in order to recover any amount expended for unauthorized purposes in the current or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce program operations or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective term of this Agreement than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repayment of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Conditions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Subgrantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part performance under this Agreement, allowing the remainder of the Agreement to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. � 'i �t Initials: Subgrantee County Dept. -1- 01180 i SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 708 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such doct=ents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and manner prescribed by County. 8. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age till be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Prfi=ative Action Plan. Subgrantee shall comply with all applicable require- ments of E-xecutive Order No. 11246, entitled "Equal Employment Opportunity," as amended by E:•:ecutive Order No. 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Subgrantee hereby certifies that it has an Affirmative Action Pl;:n, if required b-; State or Federal law, which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also co ply with requirements established by County and the Department of Labor, including CETA Regional Bulletin V=29-76, "Affirmative Action Requirements for FY 77." 10. F_nvironm+ental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reported to _the U.S. Department of Labor and the Regional Office of the Environmental Protection Agency. 11. Program :{anagement Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its public service employ=ent program hereunder, including provision to: a. ionitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Measure and evaluate the effectiveness and impact of program results in terms of participants, program activities, and the community. When Subgrantee finds that its program operations do not equal planned performance, it shall develop and implement appropriate corrective action and seek to improve its overall program manage=ent and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Management Circular PMC 74-7, Attachment G, Paragraph 2. , pertaining to standards for financial r_anage=ent systems in federally-funded activities. Pursuant thereto, Subgrantee shall establish and maintain a financial management system providing: a. accurate, current, -and complete disclosure of financial information pertaining to its program in accordance with County or Federal reporting requirements, b. Effective control over and accountability for all Agreement funds, property, and other assets, and c. The ability to evaluate the effectiveness of program activities. Subgrantee shall adequately safeguard all Agreement funds, property, and other assets and shall ensure that they are used solely for purposes authorized under this Agreement. , r Initials: Subgrantee County Dept. -z- 01181 _ 'Y�`Yi�R:iG6LM1 ,1 SPECIAL CONDITIONS (CETA Title VI PSE Projects) C� M`J (� Number 2 Q V — ` 0 8 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this Agreement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Management Circular FMC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of Labor for such procurements with CETA funds, including Federal Management Circular FMC 74-7, Attachment 0 (Procurement Standards). Pursuant thereto, Subgrantee shall: a. Maintair a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and acceptance of gratuities, favors, or anything of monetary value from subcontractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide maximum open and free competition and prevent conflicts of interest or noncompetitive practices which may restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the maximum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with adequate purchase descriptions, sealed bids, and public openings; however, procure- ments may be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertising. Nevertheless, in all cases competition shall be obtained to the maximum extent practicable. Subgrantee's records of such procurements shall contain justification for subcontractor selection and any use of negotiation in lieu of formal advertising, and the basis for the cost or price negotiated. 16. Nepotism. Subgrantee shall comply with the Federal restriction prohibiting nepotism (29 CFR Subtitle A, Section 98.22) . Pursuant thereto, Subgrantee shall not hire any person in an administrative capacity or staff position funded under this Agree- ment if a member of his or her immediate family is already employed in an administrative capacity by Subgrantee. Initials: Subgrantee County Dept. -3- 01182 ,`99x_.:..:. SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q }+� Number 2 p — ` ® 8 . 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, or projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Sub8rantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this Agreement, all financial, program, performance, and other reports regccired by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursuant to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its Manpower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the work, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Agreement. The Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. 1 Initials: Subgrantee County Dept. -4- 01183 �i ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 708 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. 1. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the Act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 102(a) ; 701(a) (9) and (10)). 5. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 88-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement), and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USG 2000d) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sex, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Subgrantee County Dept. -1- 011 8 1 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) 28- 708 Number w 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)) . 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' 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 (Subgrantee) who are covered by a State or industry workers' compensation statute; and provision of workers' 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 workers' compensation statute (sections 703(6) and 208(4)). 17. Its 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 the work that would otherwise be per-L"ormed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training, unless immediate employment opportunities are available in that occupation (section 703(8)). 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occupations in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise be available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will No maintain records and provide access to them as necessary for the Secretary's or the County'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 or County in determining the extent to which the program meets the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311(c)) . Initials: Subgrantee County Dept. -2- X1185 i ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 708 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum wage rate specified in section 6(a) (1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1) (B) and 205(c) (1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal [ iter Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental. Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the performance of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing comple;aentary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with sel;:-cevelopment skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c) (4) and 604) . Initials: ' , Subgrantee County Dept. 01l 85_6 -3- .yam _ r a��Ot r.�,_ :'f:°'w<r^i.� '.ar 2...a .':a a� `""'sr' �°l. w. .:L;: c3:.' .. w.wi�,:`-"'K..+:.+.«..e..�."SI C hi ....?-+ .. •. a.. ,. �....rr i -a• ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 708 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6) and 604). 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on lay-off from the same or any substantially equivalent job (section 205(c)(7)). 4. 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)). 5. Due consideration will be given to persons who have participated in manpower training programs for whom employment opportunities would not otherwise be immediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205(c) (17))-. 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shown necessary, will make revisions of qualification require- ments ;it all levels of employment, including civil service requirements and practices relating thereto, in accordance with regulations prescribed by the Secretary or County, 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)) . 8. t:'here appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed in public service jobs, who want to pursue work with the employer (Subgrantee) , in the same or similar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (b) 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). 9. Its program will, to the maximum extent feasible, contribute to the elim- inaticn of articificial barriers to employment and occupational advancement, including opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be employed in a 1,ona fide professional capacity (as such term is used in section 13(a)(1) of the Fair labor Standards Act of 1938) , except that this paragraph shall not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this lir.►itation in exceptional circumstances (section 205(c) (22)). 11. Jobs will be allocated equitably within local governments and agencies takii,2 into account the number of unemployed persons within their jurisdictions and the needs of the agencies (section 205(c) (23)). 12. Its jobs in each promotional line in no way infringe upon the promotional opportuni.ri.es which would otherwise be available to persons currently employed in public service jobs not subsidised under the Act, and that no job will be filled in other than an tot)'y lc.vcl position in each job cote-ory until applicable personnel. procedures and col-,-ctive bargaining agreements have been complied with (section 205(c)(24)) . Initials: Subgrantee County Dept. _4_ 011 K ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 708 a 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c) (24)). 14. Persons employed in public service jobs under this Act shall be paid gages 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 exempt under section 13; 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 employment covered by the Davis-Bacon Act. 15. Special consideration shall be given to 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 application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall take into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for such veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former employees are being recalled, must be listed with the State employment service at least 48 hour: (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer members of other significant segments. All other applicants are to be referred after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its program objectives. Subgrantee shall, on a continuing and timely basis, provide information on job vacancies and training opportunities funded under Title VI of the Act to State and local veterans employment representatives and to other veterans organizations for the purpose of disseminating information to eligible veterans (section 104(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility under this Agreement will be hired to fill jobs created under Title VI of the Act and that the public services provided by such jobs shall, to the maximum extent feasible, be designed to benefit the residents of said area, except that funds allocated under Title VI of the Act (section 603(a)(2)(B)) to an area eligible for assistance under Title II of the Act shall only be used to provide project and program opportunities to persons residing in those areas of substantial unemployment as defined in section 204(c) of the Act (section 603(a) (2)). 2. To the maximum extent possible, administrative staff shall be drawn from unemployed and underemployed persons (section 205(c) (20)). 4 Initials: Subgrantee County Dept. 01.188 _5_ PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number- 28 - 708 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (#) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bona fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Subgrantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other Means. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs), page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County's Manpower Project Office for verification of eligibility for participation. Initials: `` \ Subgrantee County Dept. -1- 01189 i PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 Q V — 7 o 8 Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare payments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was unemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first in-:'.igible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i), (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cation for participation in Title VI. 11 Initials: J Subgrantee County Dept. -2- 0 41ll -.�:£, : - .�a�'0.•,b* Fr1.. =.4 A�. i.. r' -. .-..�..-...« _ 5�..-! c.. ...:"r>.. _ ..:-a N. - , �.f''"'r`y� y-- .S ro t- .s.F.- tea. PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 Q V — 7 O g (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories of eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (including County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)] . 7. Special Recruitment. Subgrantee will list all job vacancies under this program, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or supportive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: Subgrantee County Dept. -3- 01191 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 708 . 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and shall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. I 3. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing f derally assisted jobs. J 'l Initials: ' Subgrantee County Dept. —4- 01.192 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) i� Q Number 2 p — 7 O '8 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) of the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. Allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 15. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements) , page 3, of the Special Conditions and 29 CFR Subtitle A, Section 98.12(b), as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work-related supplies, equipment, and materials for such participants. 16. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. d Initials: Subgrantee County Dept. -5- 01193 C.in�cti..:*RC?'..' "`_...:G .ro-iw..w.Octi-t,.+. ..: _.. ry<_'T_K . y, - _.. _ _ •/°Gl.� eat.-•yP,n-, PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 28 - 708 1. PSE Project Job Positions. ENKI RESEARCH INSTITUTE, INC. (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #327 7/19/77- Asst. Treatment 7/18/78 Coordinator 1 12 Mental Health Worker 4 48 #328 7/15/77- Asst. Treatment 7/14/78 Coordinator 3 36 Mental Health Worker 4 48 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, q-ubject to the prior written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: Pi— AY Subgrantee County Dept. 01194 .,i5'h::�; ! it PROJECT BUDGET 28 - 708 Number 1. PSE Project Budget. ENKI RESEARCH INSTITUTE. INC. (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Projects under this Agreement in accordance with each 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGETS a. Project. Term Cost Categories (Federal Funds) (1) # 327 7/19/77- (a) Participant Wages $ 41,196 7/18/78 (b) Participant Fringe Benefits 12,862 (c) Training -0- (d) Supportive Services -0- (e) Administration 4,324 TOTAL (Project Payment Limit) $ 58,382 (2) # 328 7/15/77- (a) Participant Wages 61,188 7/14/78 (b) Participant Fringe Benefits 17,796 (c) Training -0- (d) Supportive Services -0- (e) Administration 6,318 TOTAL (Project Payment Limit) $ 85,302 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan for each Project, in the form and manner required by County, and subject to approval by County. Expenditures under the above budgets shall be subject to each Project's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the 12-month term of each Project. Subgrantee shall maintain a current PSE Program Plan for each Project, on file with County's Manpower Project Office at all times, in the form and manner pre- scribed by County, and Subgrantee shall comply with each PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in excess of the Payment Limit of this Agreement less the sum of all deobligated amounts. Initials: Subgrantee County Dept. PROJECT BUDGET Number 28 - 708 2. End-of-Subgrant Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. 3. Subgrant Summary. 12 Month Project a. PSE Project. Project Term Payment Limits (1) #` 327 7/19/77 — 7/18/78 $ 58,382 (2) # 328 7/15/77 - 7/14/78 85,302 TOTAL (Agreement Payment Limit) $ 143,684 b. Subgrantee's expenditures hereunder for each Project specified above shall not exceed the respective 12-month Project Payment Limit set forth above for each Project. Funds budgeted above for one Project may not be transferred to, "carried over," or expended under any other Project. Initials: Subgrantee County Dept. —2- 01195 28 - 708 • In Board of Super-visors of Conga Costa County, State of California September 20 19 77 In the Matter of Authorizing the Director, Human Resources Agency, to Execute Subgrant Agreements with rorty-Seven CETA Title VI PSEE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, aad August 16, 1977, certain CETA Title VI PSE Project Subgrantees to begin hiring to fill CETA Title VI Public Service Employment (PSE) Project positions, in accordance with each Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, �LT.Z'L`st 1.6, 1977 (referenced above), and September. 13, 1977, the County Auditor-Controller to matte initial subgrant payments to certain CETA Title V? PSE Project Subgrantees, pending completion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees currently authorized to oparate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty-seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Charr-," upon approval of the standard form Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977, and September 30, 1978, for operation of CETA Title VI PSE Projects as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring o-' a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limits as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977 . I hereby certify that the foregoing is a true and correct copy of an order entered on tha rrinu:as of scid Board of Supervisors on the dote aforesaid. Ori g- Human-Resources Agency Witness my hand and the Seal of the Board of ttn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this tjZday of September 19 7' County Auditor-Controller County Manpower Project J. R. OLSSON, Clerk Director Subgrantees gy Depu;y Clerk .Jeanne 0. `tagl�o RJP:dg 411 9 H•243;7G15:n s iA (AWichmunt to 9/70/17 Mitird Crdctr) :t r , t"VTA TI-1'1Y.. VT I'UIlIM' SHIM Gl? 1?MI'1.01MI=.{4li PROJECT M11,GRANl AVR}:V111adi' . _.. ._.- Oncsluclu;t !'�roJc.eu; truthc�t�l�xrcl for lu►}�l�tra�te►�t.i►t�lt�t► �hi .Junc •nod A11I,tist, j I. }dew. PSI: �;ubr,rcmCees: MAXIMUM 1.2—MONTII PROJI.C'1' MAXIMUM SUIICRANT /X111:1::•!EN SUI:CRAN,` n PROJECT NUMBER NUMBER OF JOBS PAYMENT LT.MI'1' PAYMENT LTMIT } 1. Contra Costa Legal Services Foundation, 302 3 $ 31,362 $ 31. ,362 Inc. 2, Home 11calth and Counseling; Services, Inc. 310 3 19,704 311.E 2 20,494 40,198 ' 3. City of Pinole 312 3 40,810 313 2 26,917 314 1 13,025 315 1 13,025 316 1 11,750 105,527 4, United Council of Spanish Speaking Organizations, Inc. 304 4 42,686 304B 3 31►612 305 5 50,074 124,372 5. Neighborhood House of north Richmond, Inc. 309 7 76,247 761247 6. Los 'Hedanos Community Hospital District 322 4 43;584 43,584 7. Alameda-Contra Costa Council of Camp Fire Girls, Inc. 321 3 30,989 30►989 onto 8. Enkt Research Institute, Inc. 327 5 58,382 328 7 851302 143,684 9. Pinola Family YMCA 300 4 38 ,980 38,980 10. Contra Costa Community College District 318 6 60,450 319 5 46,512 , 106,962 A 11. Carquinez Coalition, Inc. 308 4 49,196 308E 3 44,963 94,159 12. Phoenix Programs', Inc. 329 7 68,946 081946 13. New Horizons Center,. Inc. 325 3 32,762 32,762 14. Contra Costa Children's Council 331 3 331152 33 ,152 0119810.1 i .a 1 �Fu c` w v i [,i�LLa; ►n:enL Lo 9/20/77 !,u,t►'d ov*(ter) ,j.,. t'► r; MAXIMUM 12-i•ONT11 PROJECT MAi;1.NT-1 UBGRAli'1' SU110-11AN'1'EE PROJECT NUMBER NUMBER. 01' JOBS PAYAti-;NT LIMIT ._._. PAY'.-P-�!T 1.1ci!T 15. Social Advocates for Youth-Diablo Valley 333 7 $ 66,917 $ 66,917 16, Contra Costa Crisis and Suicide Intervention 326 3 30,494 30,494 ;a 17. Eat County Resource Center, Inc. 33.7 3 37,706 37,706 1 rt. 18. International Institute of Alameda County 334 4 37 ,322 37 ,322 19. alt. Diablo YMCA 301 5 43,776 43,776 20. Region IX American Indian Council, Inc. 323 7 84,448 84,448 , t 21. Linton Business College, Inc. 320 3 23,872 23,872 22. Musical Arts of West Contra. Costa County, Inc. 330 3 32,778 32,778 Current PS1a Subgrantees 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 141,105 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 321037 3 . City of Concord 1.74 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 178 6 82,080 179, 7 95,760 ; 180 6 82,080 182 6 82,080 183 6 82,080 184 5 68,400 .820,800 4. City of El Cerrito 107 2 24,847 108 6 70,774 109 2 21,346 3.10 7 85,169 111 1 14,051 L 140 3 32,113 144 1 10,715 5. City of Lafayette 145 1 12,436 ll � 148 1 13,183 251619 r 1 ilk; �,:.:...tc.ltut�ttC l'u ),:'t)fi7 lic�t�t'ct tas'tla �;) )'.�1;►' J z�! � �. � MAXIMUM 1.7.-MONT11 PROJECT MA}:7IAN !AJI,(:R1W'l' 'ltatl?l:aci:;l'J SIIM-ItAtr''t'C!', 11ROTEC'r NUIMBI'R NUMBER OF JOBS PAYMENT J.T.M7.'J' 6. City or Martinez. 3.85 3 42,400 185B 2 27,803 186 3. 14,204 187 1 12,600 97 ,007 7, City Pittsburg 152 2 26,872 153 3 43'1417 154 3 361691 155 1 13,140 ' 156 7 107,015 157 2 29,182 324,545 158 5 680228 t 8, Pleasant hill Recreation and Park District 134 ? 1 11,3.67 135 1 11,685 22,852 9, City of Walnut Creek . 165 1 13,039 166 3 39,420 167 1 13,039 65,498 10. Antioch Uniried School District 116 457,107 107 117 , 136 2 26,954 t' 137 1 11,632 138 4 56,712 209,512 11. Brentwood Union School District 150 4 50,584 151 3 34,614 85,198 12. Myron Union School District 162 1 14,200 14 ,200 13. John Swett Unified School District 103 6 681000 10311 7 761384 144,384 14, Knightsen School District 104 1 121819 12,83 9 15. Lafayette School District 105 3 391200 10513 It 56,034 106 7 951234 190,468 16. Liberty Union School District 143 7 94,767 188 1 122052 1061519 a o1,C)ao (9tlticlurcnt to 9/20/77 Board Ouder) 1';tiL;t� !+ of !+ �,•,` rfAxuum 17.-motil'11 PROJvC'r MAY11-Mol SUPORANT SUBOPIANT T PROJECT NIUMBRR NUMBER OF JOBS PAYMENT LIMIT P1,Y`,LEINT I TMIT 17. Martinez Unified School District 146 5 $ 62,000 146B 2 29,058 91 ,058 18. Moraga School District 7.02 2 7.3,475 102B 5 59,004 82,479 19. Mt. Diablo Unified School District 118 4 56,328 119 5 58,•981 120 6 66,215 122 3 27,.946 123 4 50,'.673 124 6 68,•936' 125 4 45s8.40 1.26 6 68,936 127 6 66,215 128 4 56,328 y 129 4 44,044 130 4 51,711 131 4 44,027 132 4 35,359 741 ,539 20, Oakley Union School District 159 4 52,703 159E 3 40,788 160 4 53,196 161 7 90,200 236,887 21. Pittsbur8 Unified School District 149 3 36,382 149E 4 51,558 87,940 22, Richmond Unified School District 112 6 63,302 113 6 651664 114 6 65 664 125 3 351,731 230,361 23. San Ramon Valley Unified School District 142 1 121224 12,224 i 24. housing Authority'o£ the County of Contra Costa 141 6 86,623 861623 25, State of California 190 3 311754 191 2 20,303 193 5 52,599 194 1 10,506 1.151162 • 01201 C . yNaFAb+.a�?eLtFx�..Wit'. ..F ... a�: r-... _�. ..r _ ... i..+..'`�� •"� .-�"{� r Contra Costa County Standard Form SUBGRANT AGREEMENT (CETA Title VI PSE Projects) Number 28 y — 7Q9 1. Agreement Identification. Prime Sponsor: County of Contra Costa Department: Human Resources Agency Manpower Project Subject: Administration and staff services to provide a CETA Title VI Public Service Employment Projects Program for CETA-eligible participants 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Subgrantee mutually agree and promise as follows: Subgrantee: West Contra Costa YMCA (Pinole Branch) Capacity: Nonprofit California corporation Address: 3230 Macdonald Avenue, Richmond, California 94804 (aka Pinole Family YMCA: 2454 Simas Ave. , Pinole, California 94564) 3. Term. The effective date of this Agreement is June 30, 1977 and it terminates June 29, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Subgrantee under this Agreement shall not exceed $ 38,980 5. County's Obligations. County shall make to the Subgrantee those payments described in the Payment Provisions attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. General and Special Conditions; Assurances and Certifications. This Agreement is subject to the General Conditions and Special Conditions and to the Assurances and Certifications attached hereto, which are incorporated herein by reference. 7. Subgrantee's Obligations. Subgrantee shall provide those services and carry out that work necessary to conduct the Public Service Employment Program described in the Program Operating Plan and Project Budget attached hereto, which are incorporated herein by reference, subject to all the terms and conditions contained or incor- porated herein. 8. Project. This Agreement implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County FY 76/77-77/78 CETA Comprehensive Title VI Plan (U. S. Department of Labor Grant No. 06-7004-60, incl. Modification No. 709), Federally approved, and any modifications thereof. 9. Legal authority. This Agreement is entered into under and subject to the following legal authorities: Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); Emergency Job Programs Extension Act of 1976 (P.L. 94-444, 90 Stat. 1476); 29 USCA Section 801 ff; California Government Code Section 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA SUBGRANTEE BY �. e!4eBy Designee (Designate official capacity in public Recommended by Human Resources Agency agency or corporation and affix corporation seal or attach a certified copy of the governing body resolution By,� -{( -�f �1 l � - authorizing execution of this Agreement) � ' Designee Attest: / &t)jyrr d46l,,,.I< (Designate offici 1 capacity By UL (Form approved by County Counsel) Dated: (O/7/7'7 01,202 Microfilmed with board order , r+A .Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) Number 28 - 709 1. Payment Basis. County shall in no event pay to the Subgrantee a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Subgrantee for all services and program activities provided under this Agreement shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Subgrantee's obligations under this Agreement. 2. Payment Amounts. Subject to later adjustments in total payments in accord- ance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay an amount equal to Subgrantee's allowable costs that are actually incurred each month, but subject to the Project Budget. 3. Allowable Costs. Subgrantee's allowable costs are only those which are determined in accordance with General Services Administration Federal Management Circular RIC 74-4, Attachment A (Principles For Determining Costs Applicable to Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost) , and, subject to said Attachments A and B, such other documents (if any) specified in the Program Operating Plan regarding: a. Principles for determining and allocating the allowable costs of providing those services and program activities set forth in the Program Operating Plan, and b. Standards for determining the allowability of selected items of costs of providing those services and program activities set forth in the Program Operating Plan. 4. Payment Demands. Subgrantee shall submit written demands monthly for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Subgrantee shall submit said demands for payment for services and program activities no later than 90 days from the end of the month in which said services and program activities are actually provided. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make monthly payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Subgrantee when, in the opinion of the County expressed in writing to the Subgrantee, (a) the Subgrantee's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Subgrantee has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Subgrantee has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Agreement, Subgrantee shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Subgrantee under this.Agreement. If said cost report shows that the allowable costs that have -actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Subgrantee, but subject to the Payment Limit of this Agreement. If raid cost report shows that the payments made by County pursuant to Paragraph 2. (Pay: cnt founts) above exceed the allowable costs that have actually been incurred by Subgrantee under this Agreement, Subgrantee shall remit any such excess amount to Coulity. Initials: Subgrantee County Dept. 012013 - 1 - .Contra Costa County Standard Form PAYMENT PROVISIONS (CETA Title VI PSE Projects) p Number 28 - 709 7. Audits. The records of the Subgrantee may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Program Operating Plan. Any certified cost report or audit required by the Program Operating Plan shall be submitted to County by Subgrantee within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have acutally been incurred by Subgrantee under this Agreement, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Subgrantee agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Subgrantee under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Subgrantee any such excess amount, but subject to the Payment Limit of this Agreement. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Subgrantee agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Subgrantee also agrces to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Subgrantee's failure to perform properly any of its obligations under this Agreement. Initials: VJ 41 Subgrantee County Dept. 01204 - 2 - Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) 28 w l � Number 9 1. Compliance with Law. Subgrantee shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including, but not limited to, licensing, employment and purchasing practices; and cages, hours and conditions of employment. 2. Inspection. Subgrantee's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Gover=ent. 3. Records. Subgrantee shall keep and make available for inspection by authorized representatives of the County, the State of California, and United States Govern=, ert, the Subgrantee's regular business records and such additional records pertaining to this Agreement as may be required by the County. 4. Retention of Records. The Subgrantee and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of Subgrantee's final payment demand or final cost report (whichever is later) under this Agreement, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Agreement or for such further period as may be required by law. Upon request, Subgrantee shall make these records available to authorized representatives of the County, the State of California, and United States Government. S. Termination. a. ;Written Notice. This Agreement may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Subgrantee, ray terminate this Agreement should the Subgrantee fail to perform properly any cf its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Subgrantee's performance shall be deducted from any sum due the Subgrantee under this Agreement. c. Cessation of Funding. Notwithstanding Paragraph S.a. above, in the event that Federal, State, or other non-County funding for this Agreement ceases, this r'_oreement is terminated without notice. 6. Entire Agreement. This Agreement contains all the terns and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including, but not linited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Subgrantee and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Subgrantee as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Agreement is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Agreement may be modified or amended by a written document executed by the Subgrantee and the Contra Costa County board of Supervisors or, after Board approval, by its designee, subject- to any required Sete or Federal approval. b. Administrative Amendments. Subject to the-Payment Limit, the Payment Provisions and the Program Operating Plan may be amended by a written administrative amendment e::ecuted by the Subgrantee and the County Administrator or his desionce, subject to any required State or Federal approval, provided that such administratiJ a a=-and-ie-is may not m:iteriall.y change the Payment Provislons or the Program Operating Pian. Qnitials: Subgrantee Ccunty Dept. -1- Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title VI Subgrants) Number 28 - 709 9. Disputes_. Disagreements between the County and Subgrantee concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Agreement be adopted or revised during the term hereof, this Agreement shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Subgrantee's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Subgrantee's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Agreement binds the heirs, successors, assigns and representatives of Subgrantee. The Subgrantee shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Subgrantee promises and attests that the Subgrantee and any members of its governing body shall avoid any actual or potential conflicts of interest- If Subgrantee is a corporation, Subgrantee agrees to furnish to the County upon eemand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylat:s or the list of its governing body as changes in such governance occur. 16. Confidentiality. Subgrantee agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including, but not limited to, the identity of persons served under this Agreement, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Subgrantee or any public officer or agency in connection with the administration of or relating to Subgrantee's program under this Agreement will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such Program. b. No person will publish or disclose, or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such program. Subgrantee agrees to inform all employees, agents and partnt-rs of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Subgi%2ntee agrees that all services and program activities under this Agreement shall be -available to all qualified persons regardless of age, nox, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. 012 tials: AS -0-1 Subgrantee County Dept, -2- i r w Contra Costa County Standard Form GENERAL CONDITIONS (CETA Title 9I Subgrants) 28 - 709 Number 18. Indemnification. The Subgrantee shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including, without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Subgrantee hereunder, resulting from the conduct, negligent or otherwise, of the Subgrantee, its agents or employees. 19. Insurance. During the entire term of this Agreement and any extension- or modification thereof, the Subgrantee shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Subgrantee shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Subgrantee shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Subgrantee's insurance policy or policies. Not later than the effective date of this Agreement, the Subgrantee shall provide the County with a certificate(s) of insurance evidencing the above insurance coverage. 20. Notices. All notices provided for by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Agreement is rade, c/o the County Public Service Employment Programs Office, 651 Pine Street, Martinez, California 94553. Notices to the Subgrantee shall be addressed to the Sub- grantee's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of-General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions and Program Operating Plan do not limit any term of the General Conditions. 22. Nonrenewal. Subgrantee understands and agrees that there is no representation, implication, or understanding that the program and services provided by Subgrantee under this Agreement will be funded by County under .a new agreement following expiration or ter.ination of this Agreement, and waives all rights or claims to notice or hearing respecting any failure to continue funding for all or any part of such program or services provided by Subgrantee. Initials: ) Subgrantee County Dept. 012Ori -3- .. .. .fes. ,r ... .'..Yr' � • �'.r'r`u- . = M� •fit. MORT SPECIAL CONDITIONS (CETA Title VI PSE Projects) 28 - 709 Number 1. Compliance with Federal Requirements. Subgrantee shall comply with all Federal regulations, guidelines, bulletins, and circulars applicable to Title VI of the Comprehensive Employment and Training act of 1973, as amended, including Title 29 of the Code of Federal Regulations, Subtitle A, Parts 94, 96, 98, and 99, as published in the Federal Register, Vol. 41, No. 124, Friday, June 25, 1976, Vol. 42, No. 7, Tuesday, January 11, 1977, and Vol. 42, No. 93, Friday May 13, 1977; as may be revised and amended; and which are incorporated herein by reference. 2. Available Copies. Copies of the County's Project documents, as specified ia Paragraph S. (Project) of the Subgrant Agreement, and all pertinent Federal statutes, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Subgrantee during regular business hours at the Offices of the County Human Resources Agency Manpower Project. 3. Retained Powers. All powers not explicitly vested in the Subgrantee remain in the County. 4. Status of Participants. Program participants, including employees hired by Subgrantee, shall in no way be considered employees or agents of County. Subgrantee is an independent contractor, and County shall not have control over the methods and details by which the terms of this Agreement are fulfilled. 5. Payment Adjustments. a. If any funds are expended by the Subgrantee in violation of the terms of this Agreement (including all applicable statutes, regulations, guidelines, bulletin-s, and circulars), County may deduct the amount of such unauthorized or illegal expendi.- turc.s from payments otherwise payable to Subgrantee in order to recover any amount e::a.e:;wed for unauthorized purposes in the current- or immediately preceding fiscal year. No such action taken by County shall entitle the Subgrantee to reduce progra= operztions or salaries, wages, fringe benefits, or services for any program partici- pant, including Subgrantee's staff, or to expend less during the effective ter: of this Agreement- than those amounts specified in the Project Budget. Within thirty (30) days of request by County, Subgrantee shall reimburse County for any payments made for expenditures which are in violation of this Agreement. b. Subgrantee shall reimburse County fully and completely for any repa;m-ent of funds made by the County to the U. S. Department of Labor at the request of that Department's Secretary after it has been determined that such repayment is required from the County due to the unauthorized or illegal expenditures by Subgrantee. The Secretary's determination as to the necessity for any such repayment shall be conclusive as between County and Subgrantee. 6. Termination, Further Provision. This Agreement may be terminated as specified in General Conditions, Paragraph 5. (Termination), subject to the following: a. County's termination for failure of Subgrantee to perform (General Con-li.tions, Paragraph 5.b.) may not be exercised until 30 days after Subgrantee has been sent by County a written notice specifying the failure to perform and Sub-rantee has failed to correct such failure of performance within said 30 days after the sending of said notice. b. County may exercise its right of termination specified in Paragraph 6.a. of these Special Conditions as to any separable part perfoniiance under this Agree-_e::, allrwing the remainder of the A;;ree,nent to continue in force. c. Termination because of cessation of funding, as specified in General Conditions, Paragraph 5.c., shall occur only upon County's sending of notice thereof to Subgrantee. Initials: Su S,^-rantee County Dept. -1- 01208 Tr.7". SPECIAL CONDITIONS (CETA Title VI PSE Projects) Number 28 - 709 7. Statistics, Reports, and Records. Subgrantee shall keep and maintain such documents, records, and accounts as may be required by the County or the Federal statutes, regulations, guidelines, bulletins, and circulars applicable hereto. Subgrantee shall compile, compute, and provide to County all such statistics, program reports, and records as may be required by County. Said documents, accounts, statistics, reports, and records shall be maintained and provided in the form and canner prescribed by County. S. Child Labor. No person under 18 years of age shall be employed in any occupa- tion which the U.S. Secretary of Labor has found to be hazardous for persons between 16 and 18 years of age (pursuant to 29 CFR Part E) . Any eligible participants under 16 years of age will be employed only in accordance with the limitations imposed by 29 CFR Part 570, Subpart C. 9. Affirmative Action Plan. Subgrantee shall comply with all applicable require- ments of Executive Order No. 11246, entitled '.'Equal Employment Opportunity," as a=ended by Executive Order No. 11375, and as supplemented in Department of Labor Regulations (41 C 'R Part 60). Subgrantee hereby certifies that it has an Affirmative Act1cn Plan, if required by State or Federal law, which declares that it does not discriminate en the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. Subgrantee shall also comply with requirements established by County and the Department of Labor, ircludi=g CETA regional Bulletin #29-76, "Affirmative Action Requirements for FY 77." 10- Environmental Protection. If the Payment Limit of this Agreement exceeds $100,000, Subgrantee shall comply with all applicable standards, orders, or regulat=Errs issued ,orruont to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pol'i:tion Control Act (33 U.S.C. 1251 et seq.) , as amended. Violations shall be reportcd to the U.S. Department of Labor and the Regional Office of the 'Environ=ental Protection Agency. 11. , ProsramM-anagement Requirements. Subgrantee shall establish and maintain internal program management procedures for the effective administration of its publ_c service emYlo}cent program hereunder, including provision to: a. Monitor day-to-day operations, b. Periodically review the performance of the program in relation to program goals and objectives, and c. Pleasure and evaluate the effectiveness and impact of program, results it terms of participants, program activities, and the community. k'hen :-b-rantee finds that its program operations do not equal planned perforca_ce, it shall. et:velop and implement appropriate corrective action and seek to i=prove its overall program management and effectiveness. 12. Financial Management Requirements. Subgrantee shall comply with Federal Manag«::aent Circular FDIC 74-7, Attachment G, Paragraph 2. , pertaining to standards for finai:c:j.al management systems in federally-funded activities. Pursuant t;.ereto, Subgrantee shall establish and maintain a financial management system providing: a. Accurate, current, and complete disclosure of financial in_`orz-ation pertai::ing to its program in accordance with County or Federal reporting requ=resents, b. Effective control over and :accountability for all Agreer«.ent funds, property, and coth(-r assets, and C. The ability to evaluate the effectiveness of program activities. Subgrzntuc shall adequately safeguard all. Agreement funds, property, and o filer assets and ....:7I ensure that they are used solely for purposes authorized under this Sree-Ent. Initials: k_� Subgrantee Ccu^ty L'ept. 01209 -2- SPECIAL CONDITIONS (CETA Title VI PSE Projects) 28 - 709 Number 13. Property Management Requirements. Subgrantee shall comply with applicable requirements established by County or the U.S. Department of Labor governing the procurement, ownership, use, and disposition of CETA equipment and other personal property (including minor equipment costing over $50 per item and unused expendable personal property with a total inventory value over $500). Subgrantee shall establish a control system to ensure adequate safeguards to prevent loss, damage, or theft to property, including CETA equipment. 14. Property Records. Subgrantee shall maintain accurate records of any CETA equipment and other such property procured with CETA funds or otherwise acquired under this r-'reement in accordance with requirements established by County or the U.S. Depart- ment of Labor, including Federal Planagement Circular FISC 74-7, Attachment N, Paragraph 5.a. , pertaining to the maintenance of records to provide property description, identifi- cation numbers, acquisition date and cost, source, location, use, condition, and disposition. Subgrantee shall investigate and fully document any loss, damage or theft to property. Notwithstanding Paragraph 4. (Retention of Records), page 1, of the General Conditions, Subgrantee shall retain such property records for three years after the disposition of such equipment or property. 15. Procurement Standards. Subgrantee shall comply with applicable State and local laws, rules, and regulations governing the procurement of supplies, equipment, and other materials and services, and with requirements established by County or the U.S. Department of La'�cr for such procurements with CETA funds, including Federal Managenent Circular FMC 74-7, Attachment 0 (Procurement Standards) . Pursuant thereto, Subgrantee shall: a. Maintain a code or standards of conduct governing the activities of its officers, employees, or agents involved in procurement and prohibiting the solicitation and cc.-eptance of gratuities, favors, or anything of monetary value from subccntractors or potential subcontractors. b. Conduct all procurement transactions in a manner so as to provide raximum open and free competition and prevent conflicts of interest or noncompetitive practices which ray restrict or eliminate competition or otherwise restrain trade. c. Make positive efforts to utilize small business and minority-owned business sources of equipment, supplies, and services and to allow these sources the >==;.mum possible opportunity to compete for the provision of equipment, supplies, and services procured utilizing funds under this Agreement. d. Utilize, for procurements over $10,000, the method of formal advertising, with Fdequate purchase descriptions, sealed bids, and public openings; however, procure- ments -::ay be negotiated to accomplish sound procurement if it is impracticable and unfeasible to use formal advertising, as when: (1) the public exigency will not permit the delay incident to advertising, (2) the material or service is available from only one person, firm, or other sole source, (3) the procurement involves a contract for personal or professional services or any service rendered by an educational institution, or (4) no acceptable bids have been received after formal advertisiz:g. Nevertheless, in all. cases competition shall be obtained to the maximum extent practicable. Subgra;=tee's records of: such procurements shall contain justification for subccrtractor selec,,Ion and any use of negotiation in lieu of formal advertising, and the basis for the coat or price negotiated. JG. Nepotism. Subgrantee shall comply with the Federal restriction prch biting nepot_i:.n (29 CFR Siibtitle A, Section 98.22) . Pursuant thereto, Subgr._ntce sna l l not hire rnv person in an administrative capacity or staff position furdcd under Lis Agree- rient if a i e4J5cr of his or her i.mnediato family is already employed in an ad=inistrative capacity by Subgrantee. Initials: Subgrantee Cconty Dept. OVIO -3- rG i'�•v i�`"'�`:`�y�;t..w..rv;y,?.:. , v t:: 'S._ f^r+""Stq::a- � 'a.. ex..r lig+9. ..= ,1,"'2'... Y A SPECIAL CONDITIONS (CETA Title VI PSE Projects) Q Number 28 - 709 17. Davis-Bacon Wage Rates. Subgrantee shall comply with applicable regulations of the U. S. Department of Labor (29 CFR Subtitle A, Section 98.29) regarding payment of prevailing wage rates to all laborers and mechanics employed by Subgrantee or any subcontractor in any construction, alteration, or repair, including painting and decorating, of projects, buildings or works which are assisted under this Agreement, in accordance with the Davis-Bacon Act, as amended. 18. Final Subgrant Closeout. In the event that the program operated by Subgrantee under this Agreement is not funded by County under a new Agreement following termination of the within Agreement, Subgrantee shall comply with final Subgrant closeout procedures established by County or the U. S. Department of Labor. In such event: a. Subgrantee shall provide County, within 60 days following the termination of this agreement, all financial, program, performance, and other reports required by County under this Agreement. b. Subgrantee shall account for all CETA equipment and other such property, including materials and supplies, procured with Subgrant funds or otherwise acquired 01 under this Agreement. c. This Agreement may be modified to extend the term for up to 60 days to allow Subgrantee to incur allowable administrative costs during said 60-day closeout period for the purpose of initiating.a final closeout of this Agreement, preparing the above specified reports, and submitting said reports to County. d. Under any such Agreement modification, County may reimburse Subgrantee pursutit to Paragraph 4. (Payment Demands) of the Payment Provisions for such allowable administrative costs that are actually incurred, but subject to the Payment Limit of this Agreement. 19. County's Designated Representative; Modification. County has designated its ro npower Project Office to monitor performance under this Agreement. The Manpower Project Office will represent the County in all the program phases of the wo=k, but it is not authorized to change any of the terms and conditions of this Agreement. Such changes shall be only by a properly executed modification to this Ag::eer_ent. The 'Manpower Project Office shall at all times have the right to inspect, monitor, and evaluate the work being performed under this Agreement. Initials: Subgrantee Co my Dept. -4- 0 nn rr�� 2'_11 y ASSURANCES AND CERTIFICATIONS (CETA Title VI Svbgrants) Q t� Number 2 y ` 9 Subject to the General and Special Conditions, Subgrantee assures and certifies that: A. General Assurances. I. It will comply with the requirements of the Comprehensive Employment and Training Act of 1973 (CETA), 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 regula- tions and policies promulgated thereunder. 2. It will comply with Federal Management Circular (FMC) 74-4 and 74-7, as those circulars relate to activities such as the utilization of funds, the operation of programs, and the maintenance of records, books, accounts, and other documents under the act. 3. If the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them or will notify the County within 30 days after promulgation of the amendments or revisions that it cannot so conform, so that the County may take appropriate action including termination of this Agreement, if necessary. 4. It possesses legal authority to enter into this Agreement; a resolution, motion or similar action has been duly adopted or passed as an official act of the Subgrantee's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subgrantee to execute this Agreement and to provide such additional information as may be required (sections 1O2(a); 701(x) (9) and (10)). S. It will comply with Titles VI and VII of the Civil Rights Act of 1964 (P.L. 83-352) , and in accordance with Titles VI and VII 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 otherwise subjected to discrimi- nation under any program or activity for which the Subgrantee receives Federal funding (including this Agreement), and the Subgrantee will immediately take any measures necessary to effectuate this assurance. 6. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 20004) prohibiting employment discrimination where: a. The primary purpose of an activity under this Agreement is to provide employment, or b. Discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from any activity funded under this Agreement. 7. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program participant or any applicant for participation in such program because of race, creed, color, national origin, sett, age, political affiliation or beliefs (sections 703(1) and 712). 8. It will comply with the requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal. and Federally-assisted program:. 9. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 10. It- will comply with the requirement that no program under the Act shall involve political activities (section 710 and 703(2)). Initials: Subgrantee County Dept. -1- 01 ASSURANCES AND CERTIFICATIONS (CETA Title VT Subgrants) number 28 - 709 , 11. 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)). 12. It will give the U. S. Department of Labor, the U. S. Comptroller General, and the County, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to this Agreement (section 713(2)). 13. Participants in Subgrantee's program will not be employed on the construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (section 703(3)) . 14. Appropriate standards for health and safety in work and training situations will be maintained (section 703(5)). 15. 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 Subgrantee (section 703(4)). 16. It will ensure provision of workers' compensation protection to participants in on-the-job training, v ork experience, or public service employment programs under the Act .2t the same level and to the same extent as other employees of the employer (Subgrantee) who ere covered by a State or industry workers' compensation statute; and provision of workers' comper_sation insurance or medical and accident insurance for injury or disease resulting from their participation to those individuals engaged in any program activity under Lhe Act, i.e. , work experience, on-the-job training, public service employment, classroom training, services to participants, and other activities, where others similarly enaa ed are not covered by an applicable workers' compensation statute (sections 703(6) and 208(4)). 17. Its program will not result in the displacement of employed :workers or impair o--iisting contracts for services or result in the substitution of Federal funds for other funds in connection with the work that would otherwise be per=="o wed (section 703(7)). 18. Training will not be for any occupations which require less than two weeks of pre-employment training,, unless immediate employment opportunities are available in that occupation (section-703(8)) . 19. Training and related services will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment opportuni- ties which will enable participants to become economically self-sufficient (sections 703(9) and 105(a) (6)). 20. Institutional skill training and training on the job shall only be for occup;:ti.ons in which the Secretary of Labor or the County has determined there is reasonable expectation for employment (section 703(10)) . 21. CETA funds will, to the extent practicable, be used to supplement, rather than supplant, the level of funds that would otherwise he available for the planning and administration of programs under this Agreement (section 703(11)). 22. It will submit reports as required by the Secretary or the County and will maintala records and provide access to thea as necessary for the Secretary's or the Count:-'s review to assure that funds are being c>.pended in accordance .:'_ta the purposes anti of. the Act, including the maintenance of records to assist the Secret.,ry or Owoty in deterinining the extent to which the program meets the spy c_al needs of disad ;.ntaged, chronically uneinpluyed, and low income persons for sar in sfui employment opporLunit:ies (sections 703(12) and 311(c)) . Initials: Subgrantce Co y Dept. 01n. -2- 3 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 709 23. Its program will, to the maximum extent feasible, contribute to the occupational development or upward nobility of individual participants (section 703(13)). 24. Its 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)). 25. Its program -makes appropriate provision for the manpower needs of youth in the area served (section 703(15)). 26. Individuals receiving training on the job shall be compensated by the employer (Subgrantee) 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: (a) the minimum image rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938; (b) the State or local minimum wage for the most nearly comparable covered employment; (c) the prevailing rates of pay for persons employed in similar occupations by the same employer; or (d) the minimum entrance rate for inexperienced workers in the sane 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. 27. It will comply with the labor standards requirements set out in section 706 of the Act. 28. Services and activities provided under this Act will be administered by or under the supervision of the Subgrantee (sections 105(a) (1) (B) and 205(c)(1). 29. No funds made available under the Act shall be used for lobbying activities in violation of 18 USCA 1913. 30. For subgrants in excess of $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. 1857C-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(C)) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt: (a) no facility to be utilized in the perforra:nce of this Agreement has been listed on the EPA List of Violating Facilities; (b) it will notify County, 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 under this Agreement is under consideration to be listed on the EPA List of Violating Facilities; and (c) it will include substantially this assurance, including this third part, in every non-exempt subgrant, contract, or subcontract. B. Additional Assurances Relating to Public Service Employment Programs. For public service employment activity: 1. Special consideration will be given to the filling of jobs which provide sufficient prospects for advancement or suitable continued employment by providing complementary training and manpower services designed to: (a) promote the advancement of participants to employment or training opportunities suitable to the individuals involved, whether in the public or private sector of the economy, (b) provide participants with skills for which there is an anticipated high demand, or (c) provide participants with self-development skills; except where exempt under the provisions of section 604 of the Act, Provided, however, that nothing contained in this paragraph shall be construed to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (sections 205(c)(4) and 604). IniLials: Subgrantee County Dept. 01M -3- MIT ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number 28 - 709. 2. To the extent feasible, public service jobs shall be provided in occupational fields which are most likely to expand within the public or private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections 205(c)(6) and 604). 3. It will give special consideration in filling transitional public service jobs to unemployed persons who are the most severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special considerat_on shall not authorize the hiring of any person when any other person is on lay-of-J" ='rc"- the same or any substantially equivalent job (section 205(c)(7)) . 4. 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))_ 5. Due consideration will be given to persons who have participated in -_=q cover training prop ams for whom employment opportunities would not otherwise be i=ediately available (section 205(c) (9)). 6. Periodic review procedures established pursuant to section 207(a) of to Act will be complied with (section 205(c)(17)). 7. It has undertaken, or will undertake, analyses of job descriptions and reevaluations and, where shoran necessary, will make revisions of qualification recuire- ments aL all levels of employment, including civil service requirements and practices relati;v, thereto, in accordance with regulations prescribed by the Secretary cr C:U_t-:, with a view toward removing artificial barriers to public employment of these V.-.C= i= is the purpose of the Act to assist (section 205(c) (18)). S. Where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of: (a) providing those persons employed is public service jobs, who want to pursue work with the employer (Subgrantee), in t::e same or similar work, with opportunities to do so and to find permanent, upward-_y Lob le careers in that field, and (b) providing those persons so employed, who do not ;;isi to pursue permanent careers in such field, with opportunities to seek, prepare for, ad obtain cork in other fields (sections 205(c) (19) and 604) . 9. Its program will, to the maximum extent feasible, contribute to t::e eii_ inatien of articificial barriers to employment and occupational advancement, inciuc.-g opportunities for the disadvantaged (section 205(c) (21)). 10. Not more than one-third of the participants in its program will be E p?c-_:ed in a bona fide professional capacity (as such term is used in section 13(x)(1) cf ;*-'a Fair Labor Standards Act of 1933) , except that this paragraph shall not be applicable in tl.e case of participants employed as classroom teachers, and the Secretary _.� �a;:e this limitation in exceptional circumstances (section 205(c) (22)). . . 11. Jobs will be allocated equitably within local governments and a8erc as taking into account the number of unemployed persons within their jurisdicticns a .he needs of the agencies (section 205(c) (23)). 12. Its jobs in e..ch prow.otional line in no way infringe upon the opportunities which would otherwise be available to persons currently e=..loyed - : service jobs not subsidired under the Act, and that no job will be filled in of e_ t :a an entry level position in each job category until applicable personnel prececLres collcrti.ve bargaining agreements have been complied with (section 205(c) (24)). Initials: Subgrantee Ccunty -4- 0V15 ASSURANCES AND CERTIFICATIONS (CETA Title VI Subgrants) Number _ 28 - 709 13. Jobs are in addition to those that would be funded by the Subgrantee in the absence of assistance under the Act (section 205(c)(24)). 14. Persons employed in public service jobs under this Act shall be paid sages 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 exempt under section 13; b. The State or local minimum swage 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 employment covered by the Davis-flacon Act. 15. Special consideration shall be given to eligible disabled veterans, special v.^.rerans, and veterans who served in the Armed Forces and who received other than a dir-Lonorable discharge within four years before the date of their application. Subgrantee, in selecting participants for programs funded under Title VI of the Act, shall t- : e into consideration the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part-time opportunities for s:-ch veterans. In order to ensure special consideration for veterans, all public service employment vacancies under Title VI, except those to which former emploees are being recalled, must be listed with the State employment service at least 48 hours (excluding Saturdays, Sundays, and holidays) before such vacancies are filled. During this period, the employment service may refer those veterans specified above. If sufficient numbers of veterans are not available, the employment service, upon request, may also refer nembers of other significant segments. All other applicants are to be referrcd after the 48-hour period (section 205(c) (5)). Subgrantee should utilize the assistance of State and local veterans employment representatives in formulating its prograi;i objectives. Subgrantee shall, on a continuing and timely basis, provide CI information on job vacancies and training opportunities funded under Title VI of the Act to :;tate and local veterans employment representatives and to other veterans organizntSons for the purpose of disseminating information to eligible veterans (section 1.04(b) of Emergency Jobs and Unemployment Assistance Act of 1974). C. Additional Assurances for Title VI Programs. 1. Only persons residing within the geographic area which is prescribed for eligibility ui:der this Agreement will be hired to fill jobs created under Title VI of the Act end that the public services provided by such jobs shall, to the maximum extent feasib..1n, be designed to benefit the residents of said area, except that funds allocated under ]Jrl.e VI of the Act (section 603(a)(2) (B)) to an area eligible for assistance u:-.der Title 110 f the Act shall only be used to provide project and program opportunities to pet son:: residing in those areas of substantial unemployment as defined in section 204(c) of the r r.t (section 603(a) (2)). 7.. To the maxinum extent possible, admfiii::rrat:ive staff shall be dras,-n from unemployed and underemployed persons (section 205(c) (20)). Initials: Subi;rantee County Dept. 01�1h -5- PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 2 8 4 7 0 9 1. PSE Projects Program. Subgrantee shall provide certain administration and staff services to establish and operate a Public Service Employment (PSE) Projects Program during the term of this Agreement pursuant to Title VI of the Comprehensive Employment and Training Act of 1973 (CETA) and County's federally approved CETA Comprehensive Title VI Plan as described in Paragraph 8. (Project) of the Subgrant Agreement, and in accordance with the Project Job Specifications and Project Budget which are attached hereto and incorporated herein by reference. 2. Subgrantee's PSE Project Proposal(s). Subject to and insofar as not incon- sistent with this Program Operating Plan and with said Project Job Specifications and Project Budget attached hereto, Subgrantee shall provide services and program activities hereunder in accordance with its "County of Contra Costa, CETA Title VI, Public Service Employment Proposal(s) for Fiscal Year 1977," as identified by Project number (v) in the Project Job Specifications and Project Budget and as amended and/or approved by County and on file at County's Manpower Project Office. 3. Residency. At the time of both application for employment and selection and hiring by Subgrantee, program participants must reside within the geographic boundaries of Contra Costa County, but outside the city limits of the cities of Concord and Richmond. . 4. Eligibility and Hiring of Title VI Project Participants. All CETA partici- pants who are selected and hired by Subgrantee to fill Title VI PSE project job positions under this Agreement must be hired in accordance with the eligibility and selection requirements prescribed by County and CETA regulations (29 CFR Subtitle A, Section 99.42). a. Recruitment Through EDD. Subgrantee shall notify the California State Employment Development Department (EDD) of all PSE project job openings on a continuing and timely basis as they occur hereunder. Such job listings must be bora fide vacancies for which applicants referred by EDD will be given consideration by Subgrantee for hiring. In providing such notice to EDD, Subgrantee shall indicate: (1) The number and types of project job positions and starting salary for each; (2) The job descriptions and minimum qualifications for each job; and (3) Subgrantee's deadline for referral of applicants by EDD to Subgrantee for said positions. Subgrantee agrees to give consideration to all referrals made by EDD in response to such notices. Subgrantee understands that all such referrals will have been verified by EDD as federally eligible for participation in Title VI PSE projects. Subgrantee may request referrals of as many as nine applicants from EDD, but may request and consider as few as three referrals at a time. Before requesting more than three referrals, Subgrantee must provide EDD with Subgrantee's reasons for any rejection of each of the previous referrals. Subgrantee shall notify EDD in writing of any applicant who has been referred in response to Subgrantee's requests and who has refused to accept employment when offered by Subgrantee hereunder. Sub-rantee shall also notify EDD in writing of any EDD-referred applicant who is hired by Subgrantee for a PSE project job position. b. Recruitment Through Other *leans. Subgrantee may utilize other sources of recruitment of CETA participants for PSE project job positions under this Agree- ment, subject to Paragraph 15, Part B. (Additional Assurances Relating to Public Service Employment Programs) , page 5, of the Assurances and Certifications. For applicants who are recruited in any manner other than by job listing with EDD, Subgrantee shall establish their eligibility by submitting the applicants' names to County' s manpower Project Office for verification of eligibility for participation. Initials: 0 Subgrantee County Dept. -1- 0121'1 M,*-" PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Q ►'j (� Number 4, V `r • 0 �/ . Subgrantee must obtain written verification of eligibility from the County's Manpower Project Office prior to the hiring of any such applicant, except that in cases of applicants who attest in writing to their own eligibility, Subgrantee must obtain the necessary written verification from County no later than 60 days following the date that the applicant is hired by Subgrantee; in such cases, participants who are found to be ineligible shall be terminated from participation hereunder immediately by Subgrantee and Subgrantee shall not be liable for wages and benefits paid to such ineligible participants prior to the date of receipt of written verification of ineligibility from County [pursuant to 29 CFR Subtitle A, Section 99.43(b)] . c. Eligibility for Participation in Title VI Project Job Positions. Each applicant hired by Subgrantee to fill a Title VI PSE project job position under this Agreement must meet the following Title VI eligibility criteria: (1) At the time of application and hiring, each such person must be both: (a) A member of a family which either receives cash welfare pa}ments or has a current total annual income [computed in accordance with 29 CFR Subtitle A, Section 99.42 (a)(2)] which in relation to family size is at or below either 70 percent of the lower living standard income level established by the U. S. Department of Labor or the poverty level established by the U. S. Office of Management and Budget; and (b) From at least one of the following five additional eligible categories; i.e., must also be a person who: (i) Is unemployed at the time of application and has, during the 20 weeks immediately prior to application, received unemployment compensation for 15 or more weeks; or (ii) Is unemployed at the time of application and has been ineligible for unemployment compensation during the 20 weeks immediately prior to application and has been unemployed for 15 or more of those 20 weeks; or (iii) Is unemployed at the time of application and was iinemployed for at least 15 of the 20 weeks immediately prior to application, and who, during those 15 weeks, was first ineligible for unemployment compensation and then became eligible for and received unemployment benefits; or (iv) Is unemployed at the time of application and is an exhaustee as defined in 29 CFR Subtitle A, Section 94.4; or (v) Is a member of a family receiving Aid to Families with Dependent Children (AFDC), including AFDC-Unemployed Fathers, under Title IV of the Social Security Act. (2) A veteran who has served on active duty for a period of more than 180 days or who was discharged or released from active duty for a service-connected disability, shall be immediately eligible, upon release or discharge, for participa- tion, Subparagraphs 4.c(1)(a) and (b)(i) , (ii), (iii), and (iv) above notwithstanding, which would otherwise pertain, provided that the veteran has not obtained permanent, full-time, unsubsidized employment between the time of release and the time of appli- cat;on for participation in Title VI. Initials: -S Subgrantee County Dept. -2- 01218 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) Number 28 - 709 (3) In hiring such new participants hereunder, Subgrantee shall allocate funds and job positions equitably among the four categories cf eligible persons specified in Subparagraphs 4.c.(1)(b)(i), (ii), (iii), and (iv) above, as prescribed by County to the maximum extent possible given the composition of the population of unemployed eligible persons, serving no one category exclusively and excluding no category entirely. (4) Applicants must also meet such other eligibility criteria as may be expressed from time to time in writing to Subgrantee by County or the U. S. Department of Labor. d. Target Groups. In hiring such Title VI participants, Subgrantee shall also give special consideration on an equitable basis to eligible applicants who are from the following significant segments (i.e., target groups): (1) Current or former CETA Title I or Title III manpower program participants; (2) Welfare (includ_ng County General Assistance) recipients; (3) Veterans (pursuant to Paragraph 15, Part B., page 5, of the Assurances and Certifications), in order to achieve the goal of hiring at least 35% veterans hereunder; (4) The most severely disadvantaged; (5) Persons with limited English-speaking ability; and (6) Other identifiable groups, as may be prescribed by County, in accordance with CETA regulations (29 CFR Subtitle A, Section 96.29). 5. Special Subareas for Hiring. Subgrantee will give preference in hiring under this Agreement to applicants residing within the following subareas of sub- stantial unemployment: Antioch, Brentwood, Byron, Knightsen, Oakley, Pittsburg, West Pittsburg, Martinez, Rodeo, San Pablo, E1 Sobrante, North Richmond (unincor- porated area), and Pinole. To the extent feasible and consistent with the intent of the Act, Subgrantee will give preference to such applicants when filling program job vacancies. Subgrantee's recruitment efforts shall be directed at these subareas of substantial unemployment. 6. Documentation of Eligibility and Selection. Subgrantee shall establish and maintain adequate documentation of each applicant's eligibility and required verifications, retain the information on which this documentation is based in a participant's record file, and retain the applications of persons not selected for participation and the reasons for their non-selection, in accordance with CETA regulations [29 CFR Subtitle A, Sections 96.25, 99.42(c), and 98.18(b)] . 7. Special Recruitment. Subgrantee will list all job vacancies under this pro-ram, except those to which former employees are being recalled, with the County's CETA Title I Manpower Program. To accomplish this, Subgrantee shall send timely announcements of program job vacancies to: Judy Ann Miller, Manpower Project Director Contra Costa County Human Resources Agency 2401-D Stanwell Drive Concord, California 94520 8. Training and Supportive Services. Subgrantee shall provide any training or cupporLive services specified in the Project Budget pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.31 and 99.35). Initials: _ Subgrantee County Dept. -3- . 01219 1 _ PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) �i Number 28 - 709 9. Public Service Employment Positions. Subgrantee shall comply with CETA regulations regarding acceptability of public employment positions (29 CFR Sub- title A, Sections 96.23 and 99.33), including the requirement that: a. Funds under this Agreement for public service employment shall only be used to meet public service needs which would not have otherwise been met and to implement new public services; b. Subgrantee's program shall emphasize transitional employment (i.e., jobs which are likely to lead to regular, unsubsidized employment or to opportunities for continued training); and c. Jobs under this Agreement will not be "deadend" but will contribute to career advancement and the development of the employment potential of participants, and Subgrantee will provide opportunities for continued training to support the upward mobility of participants. 10. Placement Goals. Subgrantee shall seek to place all participants in unsubsidized employment in both the private sector and the public sector and scall establish appropriate placement goals in accordance with guidelines prescribed by County and applicable CETA regulations (including 29 CFR Subtitle A, Sections 96.33 and 99.36). 11. Participant Rights. Subgrantee shall advise all participants (i.e., applicants and PSE employees) of the existence of County's CETA grievance procedure and of their rights and responsibilities upon entering Subgrantee's program under this Agreement. Subgrantee shall grant participants the opportunity to present grievances and complaints as required by County and CETA regulations, including informal hearings for resolving issues and complaints, prompt determinations, written notice of grounds for any proposed adverse action, opportunity to respond, and further appeal (in accordance with 29 CFR Subtitle A, Section 98.26). Sub- grantee shall advise every participant prior to his entering upon employment of the name of his employer and of his rights and benefits in connection with any CETA subsidized employment. 12. Participant Compensation, Benefits, and Working Conditions. Subgrantee shall provide participant wages, fringe benefits, and working conditions pursuant to CETA regulations (29 CFR Subtitle A, Sections 96.34, 99.37, and 98.24), including the provision of workers' compensation insurance coverage for partici- pants. Subgrantee understands that funds under this Agreement cannot be paid into the California State unemployment insurance benefit system or a retirement system on behalf of participants, pursuant to P.L. 94-444, except as may be allowed by CETA regulations (29 CFR Subtitle A, Section 98.25) or the U. S. Department of Labor. 13. Maintenance of Effort. Subgrantee shall comply with CETA regulations (29 CFR Subtitle A, Section 99.34) requiring that employment funded under this Agreement shall only be in addition to (i.e., not in substitution for) employment that would otherwise be financed by the Subgrantee without assistance under this Agreement. To ensure such a maintenance of effort, Subgrantee's program under this Agreement shall: a. Result in an increase in employment opportunities over those which would otherwise be available; b. Not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits; c. Not result in the termination, layoff, or reduction in the normal working hours of any employee for the purpose of hiring any individual under this Agreement; and d. Not substitute public service jobs for existing .federally assisted jobs. Initials: /(S— W Subgrantee County Dept. -4- 01920 PROGRAM OPERATING PLAN (CETA Title VI PSE Projects) i1 Q Number 2 8 ! 7 0 9 14. Allowable Program Costs. In accordance with Paragraph 3. (Allowable Costs) J: the Payment Provisions, Subgrantee shall also determine its allowable costs under this Agreement pursuant to CETA regulations (29 CFR Subtitle A, Sections 99.74, 98.12, and 98.13), pertaining to: a. General purposes for CETA expenditures, b. Direct and indirect costs, c. Policies and procedures, d. Restrictions on use of funds, e. Expenditures for building repairs, maintenance, and capital improvements, f. allowable cost categories, g. Classification of costs by category, h. Examples of properly chargeable costs, i. Administrative costs, j. Travel costs, and k. Allocation of allowable costs among program activities. 18. Acquisition of Equipment and Supplies. Subject to the Project Budget and subject to restrictions imposed by County and CETA regulations [including Paragraph 13. (Property Management Requirements), page 3, of the Special Conditions a=d 29 CFR Subtitle A, Section 98.12(b), as revised] , Subgrantee may procure, rent, lease, or otherwise acquire supplies, equipment, and materials with CETA funds for use under this Agreement, including equipment and materials for use in the training of public service employment participants hereunder and work—related supplies, equipment, and materials for such participants. lb. Identification and Protection of CETA Equipment. Subgrantee shall cooperate with County in tagging and appropriately identifying all CETA equipment, including devices and machines used for training, instruction, evaluation, or other program activity, and any other property or supplies procured or otherwise acquired under this Agreement. Subgrantee shall maintain all such property in good working repair at all times and shall provide All Risk insurance as may be required by County for said property with the County named as an insured under the policy. Subgrantee shall maintain adequate safeguards to prevent loss, damage, misuse, or theft of such property and shall investigate and fully document any loss, damage, misuse or theft. Initials: Subgrantee Volunty Dept. -5- 01221 w- - PROJECT JOB SPECIFICATIONS (CETA Title VI PSE Projects) Number 2 8 _ ` O 9 1. PSE Project Job Positions. West Contra Costa YMCA (Pinole Branch) (Subgrantee) shall hire and employ CETA-eligible participants in appropriate PSE project job positions hereunder, as follows: Number Duration of Project of Job Employment a. Project Term Job Titles Positions (Man-Months) #300 6/30/77 - Program Director 1 12 6/29/78 Program Leader 1 12 Grounds Keeper 1 12 Aquatic Program Leader 1 12 b. Wage Rates. Subgrantee shall pay such participants at appropriate CETA wage rates, in accordance with the Project Budget. Where the- CETA wage rate exceeds $833.33 per month, Subgrantee shall pay the excess amount with local (non-federal) funds which are not included under this Agreement and Project Budget. 2. Changes in Project Job Positions. The types of jobs, number of job positions, and duration of employment specified above may be changed by Subgrantee, subject to therp for written approval of the County Manpower Project Director or her designee. 3. Periodic Reviews. Subgrantee shall regularly review the status of each participant hereunder at six-month intervals to ensure that the participant's job has potential for advancement or for suitable continued employment. Initials: *J1 Subgrantee Count5r Dept. 01222 PROJECT BUDGET Q Number 2 8 - 7 0 9 1. PSE Project Budget. West Contra Costa YMCA (Pinole Branch) (Subgrantee) shall conduct its CETA Title VI Public Service Employment (PSE) Project under this Agreement in accordance with the 12-month Project Budget of allowable program expenditures, as follows: 12-MONTH PROJECT BUDGET a. Project. Cost Categories (Federal Funds) #300 (1) Participant Wages $ 32,400 (2) Participant Fringe Benefits 4,308 (3) Training 500 (4) Supportive Services -0- (5) Administration 1,772 TOTAL (Project Payment Limit) $ 38,980 b. Allowability of Monthly Expenditures and Deobligation of Funds. No later than the effective date of this Agreement or as otherwise may be authorized by County, Subgrantee shall submit to County a PSE Program Plan, in the form and manner required by County, and subject to approval by County. Expenditures under the above budget shall be subject to Subgrantee's PSE Program Plan which shall specify planned monthly enrollments and terminations for participants and monthly expenditures, cumulatively for the term of this Agreement. Subgrantee shall maintain a current PSE Program Plan on file with County's Manpower Project Office at all times, in the form and manner prescribed by County, and Subgrantee shall comply with said PSE Program Plan, which specifies the projected total amount of expenditures to be made by Subgrantee for each calendar month under this Agreement. Actual expenditures made by Subgrantee in each month must equal at least 85% of the projected monthly amount (said 85% of projection shall hereinafter be called the "minimum monthly expenditure"), and must not exceed 115% of the projected monthly amount (said 115% of projection shall hereinafter be called the "maximum monthly expenditure"). County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, disallow any costs incurred by Subgrantee in any parti- cular month which are in excess of the maximum monthly expenditure for that month. And County may, subject to the determination of the County Manpower Project Director expressed in writing to the Subgrantee, deobligate for any particular month any or all of that amount of the minimum monthly expenditure which is not actually expended by Subgrantee or which is not reported to County within 30 days of the end of that month as a cost actually incurred- during the particular month. The Payment Limit of this Agreement shall be reduced, accordingly, by the amount(s) of any such deobligation(s). County will disallow any costs incurred by Subgrantee in e::cess of the Payment Limit of this Agreement less the sum of all deobligated amounts. 2. End-of-Subgraat Settlement. Subject to the Payment Limit of this Agreement, County's payments to Subgrantee pursuant to Paragraph 6. (Cost Report and Settlement) of the Payment Provisions shall not be limited by the specific line item budget amounts specified above, provided, however, that Subgrantee has obtained prior written approval from the County Manpower Project Director, or her designee, before making any expenditures under this Agreement which exceed the above line item budget amounts. Initials: Subgrantee County Dept. 01223 i MCAnaMCA o 11 MCA i�1CA �.�CA rthe 7-u tra Costa, Yuang M Christian Ass:cation jL323 .acdonald Avenue, Richmond A 94804 A 415/2341270 October 24, 1977 Yar_power 0 6 j ice 'y 2401 D Stanwe.Z.Z DXi.ve, Suite 0401 Concord, CaU6onnta A�enti.on: Paut i.ne WeVen Dear Ms. Webber: Pteaa a eon4 ider this a .Zetter o6 authorization enabting Kenneth Stein to sign .in my stead the contract between the P.inote Family Stanch o6 the West Contra Costa YMCA and the County o6 Conga Costa for the CETA T.ftte VI Program. Az the eh.iej executive o j6 teer oa this non-proj t organization, and with the conSent 06 the Board o f D.i.n.ec tons and its o ij icers, I have the author- ity to enter .into and negotiate contracts Sor the organization. With this .Zetter, I %e.Z.inqu.iz h that authonit y to Kenneth Stein in this pan t.ieu.Zar matter. S.il erety, 01 S. We G eta.Z D.vicector JEW:do cc: Ken Stein Endowment Gifts or Bequests to the YMCA Will Perpetuate Your Interest In Youth Member Agency United Bay Area Crusade 01224 i 28 - 709 In the Board of Superyisors of onfra Costa County, Sufis✓ of California September. 20 , 19 77 In the,latter of Authorizing the Director, Human Resources Agency, to Execute Sub-rent Agreements with Forty-Seven CETA Title VI PSE Project Subgrantees The Board having authorized, by its Orders dated June 14, 1977, and August 16, 1977, certain CETA Title V1 PSE Project Subgrantees to begin hiring to fill, CETA Title VI Public Service Employment (PSE) Project positions, -in accordance with each-Subgrantee's respective CETA Title VI Project Proposals, as approved by the County Manpower Advisory Council, and The Board having authorized, by its Orders dated June 28, 1977, August 16, 1977 -(referenced above), and September 13, 1977, the County Auditor-Controller to make initial subgrant payments to certain CETA Title VI PSE Project -Subgrantees, pending cozepletion of Subgrant Agree- ments with each Subgrantee, and The Board having considered the recommendation of the Director, Human Resources Agency, regarding the need for prompt execution of such Subgrant Agreements with each of the Subgrantees current-la--aezthoriied to operate CETA Title VI PSE Projects in order to maintain project operations and compliance with federal guidelines, IT IS BY THE BO_4RD ORDERED that the Director, Ftucian Resources Agency, is AUTHORIZED to execute, on behalf of the County, standard form Subgrant Agreements with the forty--seven (47) CETA Title VI PSE Project Subgrantees identified in the attached "CETA Title VI Public Service Employment Project Subgrant Agreement Specifications Chart," upon approval of the standard force Subgrant Agreement by the Office of the County Counsel, with the effective dates of said Agreements to be between June 20, 1977,. and-September 30, 1978, for operation of CETA Title VI PSE Projects-as specified for each Subgrantee (each project to be limited to twelve months in duration from the date of first hiring of a PSE project participant under the respective project), and with Project Payment Limits and Subgrant Agreement Payment Limit's as set forth in said Chart for each project and Subgrantee, and under terms and conditions as more particularly set forth in said standard form Subgrant Agreements. PASSED BY THE BOARD on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entared On the minutes of said Board of Supervisors on the data aforesaid. Ori g- ,%Human'::esou:ces Agency Witness my hand and tha SPol of the Board of Attn: Contracts & Grants unit Supervisors cc: County Administrator affixed this?�lthday of September 79 7 r County Auditor-Controller County Manpower Project J. R. OLSSOi`!, Clark Director SuboranteesBy Depu y Clerk •Iaanne 0. 'ta'1v o RJP:dg 0 1.`�29 H-2d 3176i3m .c1 .wnt to 9/?0/77 Board Order) Ci:'t'A '1'TTIX,, V1 11UM.TC S1,,RVT(,F 17MILOYMEN'1' PROJEC;1' SUBORAN`t' ACREEMrN7' 5PXCTPT.Ch'1'T0N.18_CI1ART {l.Iltzl.utlt' s 1'1;t3jt•t t:1 ttutlxyt'l./etl liar . tiplemettLaLl.cltt .I.tt Jttne lard At%VW',L,~ 1.1117) I. herr I'Sr Substrantees: MAXIMUM 12--MONT11 I11tt3JEXT MAXIMUM `MM'-RA!;'1' SU1:C1LV%'1rX' PROJRCT NURDER NUMBEIR Or JOBS PAYM1.N'1 LIMIT PAYMENT MIMI'1' 1, Contra Costa Legal Services foundation, 302 3 $ 31.,362 31. ,",67. Inc. 2, }ionic llealth and Counseling; Services, Inc. 310 3 19,704 311' 2 20,E+94 40,195 ' 3. City of Pinola 312 3 /101810 313 2 26,017 : 314 1 13$025 315 1 13,025 316 1 11,750 1.05,527 4. United Council of Spanish Spealting Organizations, Inc. 304 4 42,686 304B 3 31,612 305 5 50,074 124,372 5. Neighborhood douse of North Richmond, Inc. 309 7 76,247 76,247 6. Los Medanos Community Hospital District 322 4 43 =58/1 43,584 7. Alameda-Contra Costa Council of Camp Fire Girls, Inc. 321. 3 30,989 30,989 S+ '2nM Research Institute, Inc, 327 5 58,382 + 328 7 85,302 143,GS4 -40 9. Pinole Family YMCA 300 4 38 ,980 38,980 10, Contra Costa Community Collage District 318 6 60,450 319 5 46,512 , 1061962 11. Carquinez Coalition, Inc. 308 4 49,196 308B 3 44,963 94,159 12, Phoenix Programs', Inc. 329 7 651946 13. New 11orizon s Center,• Inc, 325 3 32,762 32,762 14. Contra Costa Children's Council 331 3 33 ,152 33 ,151 oil r '�)'n^il' Ali t r e K � As F"s �: ;i . •'tti^.. , ; t 'J j:C'i . i i'. .tt i t ; ii•1 j . .i,', • . ;, MAXIMUM l.2-•mtt11'1'11 1'€%nil:vr MAX11•EU'1 ;'!i=,r;'.tA';'!' "`•'=:i'.: ;:! '. �Al110RAt't'l'1:1: PROJI:C'C NIP-1111"11. NUMBER Oil .)(Ills MY.111 N'l' 1,1 C4UP ._._ .__.._ i',1Y+Fl-Ti� 15. Social Advocates for Youth-Diablo Valley 333 7 $ 66,917 $ GCS,417 16. Contra Costa Criss rind Suicide Intervention 326 3 301494 30,494 17. fast County Rc!:aurr.a Center, Inc. 33.7 3 37,706 37 ,706 18. International Institute of Alameda County 334 4 37 ,322 37 ,322 19. 'Mt. Diablo YMCA 301 5 43,776 43,776 fi 20. Region IAC American Indian Council, Inc. 323 7 841448 84,448 21. Linton Business College, Inc. 320 3 23,872 23,872 22, Mu3ical Arts of West Contra Costa County, Inc. 330 3 32,778 32,775 � a x. Current PSE. Subgrantees 5 1. City of Antioch 169 3 42,000 170 6 78,416 171 3 411105 F 172 1 12,400 173,921 2. City of Brentwood 173 3 32,087 32,0S7 3, City of Concord 1.74 6 82,080 175 7 95,760 176 4 54,720 177 7 95,760 178 6 82,080 179. 7 950760 180 6 82,080 182 6 821080 183 6 82,080 820,800 � 184 5 68,400 4. City of B1 Cerrito 107 2 24,847 108 6 70,774 109 2 7.1,346 3.3.0 7 851169 111 1 3.4,05.1 1110 3 32,113 3.44 1 10,715 259,015 S. City of Lafayette 145 1 1.2,436 148 1 131183 25,619 r t ,y fSi ►'II1�LI•IUI.1 ►2•'1'Il)IJI'►1 I�It��,l►'�.'�' �IF'..11l.ltll.l ��yejelir)�4'it /`,�! .) � ��t�'.� `Slitt!:1;11r;' FEI , I'1'0,11?,CI'w NUMMOk HLIM 1I:It (11 .103.1; PAYMI:TV I,II•Ila'. _ ._.. __.I'AY111 u': Itell! 6. City cel' Mart hien I.t35 3 li;?,li0il • 136 �, 1.4,').04 3.2,600 97 ,007 7. City 111tuibm:11, 1,51 2 261872 153 3 4 3',417 151, 3 36,691 1.55 t 1 13,140 156 7 1.07,015 157 2 ?,4,11}2 32h SI;S 158 5 68,228 ' S. Pleasant hill Recreation and Park District 134 1 1113.67 135 1 11,685 22,552 9._ City of Walnut Crecy 165 1 13,039 166 3 34,420 1.67 1 13,039 65,498 10. Antioch Unified School District 116 4 57 ,107 117 /{ 57 ,107 136 2 26,454 137 1 11,632 138 4 56,712 209,512 11, Brentvood Union School District 150 if 50,584 1.51 3 34 ,614 85,198 12. Byron Union School District 162 1 1.4,200 14 ,'}00 13. John Swett Unified ,School District 103 6 681000 103B 7 76,384 144,384 1.4. Knightsen School District 104 1 121*819 12,539 15. Lafayette, School District 105 3 39,200 105B 4 56,034 1.06 7 951134 190,468 16. Liberty Union School District 143 . 7 94,767 188 1 12,05") r� M k { F F' w 4 ice' 3 .�tacltisrcnt to t}J20J77 Ilvwrd Order 4 4 to T', 11 r t• . ,.•` l• P• MAXIMUM 12-»101,1rlt PROJI�C- S.0 L'G u1N9'l.I: PROJECT YUMBER NUMBER OT JOBS PAYI.M"'!' 17, Mnrtinez Unified School. District 146 5 $ G2,000 + 146B 2 ?9,058 91 ,058 " 18. Moral n School District 102 2 23,475 � 1.02B 5 59,001, 82 ,479 .l 19, Mt. Diablo Unified School District 118 [, 56$328 119 5 58,•981 120 G 66,215 122 3 27,946 1.23 4 501:673 124 6 68,936 125 4 45,840 126 G 68,936 127 6 66,215 128 4 56,328 129 4 44,044 , 5 2.30 4 51,711 131 4 441027 132 4 35,359 741 ,539 20, Oakley Union School District 159 4 52,703 159E 3 40,788 160 4 53,196 1.61 7 90,200 236,887 , 21, Pittsbur Unified School District 149 3 36,382 a 8 149E 4 51,558 87,940 22, Richmond Unified School District 112 6 63,302 113 6 651664 114 6 651664 115 3 357.31 230,361 23, San Ramon Valley Unified School District 142 ], 121224 12,224 24, Housing Authority'•of the County of Contac Costa141 6 SG 1623 86,{'"3 . 25, State of California 190 3 31.1754 191 2 20,303 19 52 599 f; 194 1 10,506 r� (1, 115,162 1 1 {: V ,j +`t 1 In the Board of Supervisors of Contra Costa County, State of California September 20 , 1977 In the Matter of Proclaiming Escrow Week.. On the request of Ms. Joyce A. Mainini, President of East Bay Escrow Association, 4837 Morwood Drive, Richmond, California 94803, THE BOARD DOES HEREBY PROCLAIM the third week in October, 1977 as Escrow Week in Contra Costa County. PASSED by the Board on September 20, 1977• I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: County Administrator Supervisors affixed this 20th day of September i977 J. R. OLSSON, Clerk By Z 'Aelz o . Deputy Clerk N. Pous 014J0 H 24 8/75 10M km r In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Annual Report of Family and Children's Services Advisory Committee. Ms. Mary Lou Laubscher, Chairman of the Family and Children's. Services Advisory Committee, having appeared and presented the Committee's annual report for the 1976-1977 fiscal year; IT IS BY THE BOARD ORDERED that receipt of the aforesaid report is ACMOT-ILEDGED. PASSED by the .Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Family and Children's Witness my hand and the Seal of the Board of Services Advisory Cte. Supervisors Director, Human Resources affixed this 20thdoy of SPnrP� . 197L Agency County Administrator .� ^ LSSON, Cleric By \ c Deputy Clerk .onda Amdahl 0 oil H-2-13/76 15m I In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 In the Matter of Project Agreement for Activities 4 & 30 of the Third Year Community Development Program. (1977-78) The Board having this day considered the recommendation of the Director of Planning and the Community Development Advisory Council that it approve the Community Development Block Grant Program Project Agreement between the County and the City of Antioch in the amount of $3S7,S24.04 for Activities #4 and #30, in order to carry out the intent and purpose of the Housing and Community Development Act of 1974 for the period of July 1, 1977 to June 30, 1978; IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute said Agreement. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an ordar entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Planning Department Witness my hand and the Seal of the Board of Supervisors cc: City of Antioch affixed this 20thday of September 19 77 c/o Planning Dept. Count}, Administrator County Auditor-Controller ; d. R. OLSSON, Clerk _ f Planning Department Deputy Clerk f'axine I1. P•ieui d 41 1r- H -24 if;b Ism U t o...rr..�'x.. ";�:�. a�-`•3s'` .-$�.�:.:,s.a�__.,.:..z- _..:� - a.:'�".. :,k`.y�,..�,t".: .. .. . .. .•� _ ..�� `x' .tv"�'� s PROJEcr A[.I:I:EDIEN'r COMMUNITY DEVELOPME-NI BLOCK GlbXNT PROGRAM 1 . Agreement Identification. Number #4, #30 Department: County Planning Department ,Subject: Allocation of Federal funding under Title I of the Housing and Community Development Act of 1974 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: City of Antioch Address: P.O. Box 130, Antioch, CA 94509 3. Term. The effective date of this Agreement is July 1, 1977 and I it terminates June 30, 1978 unless sooner terminated as provided I i herein, subject to all terms, conditions, and assurances contained or incorporated herein. 4. Allocation Payment Limit. County's total payments to Contractor under this Agreement shall not exceed $357,524.04 5. County's Obligations. County shall make those allocation payments to t}le contractor i described in the "Payment Provisions" attached hereto which are incorporated herein by-tefercnce, subject to all terms, conditions, and assurances con- tained or incorporated herein. 6. General Conditions and Assurances. This Agreement is subject to the "General Conditions" and the "Assurances" attached hereto, which are incorporated herein by reference. 7. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in and in accordance with ttie "Project Work Program" attached hereto, which is incorporated herein by reference, subject to all the terms, conditions and assurances contained or incorporated herein. 8. Project. This Agreement implements in whole or in part the following described project, the application and approval documents of which are incorporated herein by reference: That Project as described in the Community Develop- ment Block Grant Program Application dated April 6, 1977 and approved by HUD on June 9, 1977 ; and as more particularly described in the "Project Work Prograid', attached hereto. 9. Signatures. These signatures attest the parties' agreement hereto: /UNIT� C % N6 . Boggess CONTRACTOR / /i By Chairman, Board of Superv 'sors ATT T: J. R. OLSSON, County Clerk Verne L. Roberts, Mayor CITY OF ANTIOCH By Deputy Note to Contractor: (1) I.f a 1 public agency, designate official Recommendpd,by Dep �tment �� capacity in public agency and attach a certified copy of the governing body resolutioauthorizing execution Bye' , , ' � n of this agreement. (2) If a corporation, hony1. Dehaesus designate official capacity in business, rr' execute acknowledgment form and affix Form 4proved: Counuty Counsel corporation seal . Deputy 3-3 "crofil ,� med with board order 10F:dh PAYMENT PROVISIONS 1. Payment Basis. County shall in i- event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Agreement. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to Contractor for all services provided for County under this Agreement. shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Contractor's obligations under this Agreement. All payments made under this Agreement shall be from Federal funds only. No general County funds shall be expended under this Agreement. If, for any reason whatsoever, County does not receive such Federal funds, Contractor agrees that County shall have no payment obligation hereunder. -2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Agreement, County will pay Contractor an amount equal to Contractor's allowable costs that are actually incurred, but subject to the "Budget of Estimated Program Expenditures" contained in the Project Work Program. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with all Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, as published in the Federal Register, Volume 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended. All of the aforesaid documents are by this reference incorporated herein. Costs incurred in carrying out the project, whether charged to the project on a direct or an indirect basis, must be in conformance with the requirements of Federal Management Circular 74-4, "Cost Principles Applicable to Grants and Contracts with State and Local Governments", except to the extent inconsistent with the aforesaid documents. 4. Payment Demands. Contractor shall submit written demands for payment in accordance with the above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 60 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Agreement is made or his designee, County will make payments as specified above. _ S. Right to Withhold. County has the right to withhold payment to the Contractor by County notifying Contractor in writing if (a) the Contractor has failed to perform its duties under this Agreement, or has insufficiently documented same, or (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demands for payment. 6. Payment Adjustments. (a) If any funds are expended by the Contractor in violation of any of the terms and conditions of this Agreement, County may make necessary adjustments in payments to Contractor on account of such unauthorized or illegal expenditure. No such action taken by County shall entitle Contractor to reduce salaries, wages, or supportive services for any particpant or to expend less during the effective period of this Agreement than those sums called for in the Project Work Program. Any such reduction in expenditures may be deemed sufficient cause for termination. Contractor shall reimburse County for any allocated monies Which are expended in violation of this Agreement or used for unauthorized or illegal expenditures. 01:J 4 -i- • 7. Cost Report and Settlement. No later than sixty (60) days following the termination of this Agreement, Contractor shall submit to County a cost . report in the form required by County, !showing the allowable costs that have actually been incurred by Contractor under this Agreement. If said cost report shows that the allowable costs that have actually be incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Agreement. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, Contractor shall remit any such excess amount to County. The Contractor shall provide County with a Certification of its Cost Report required under this Contract. Said Certification shall provide a full, true, and accurate accounting of _the actual cost of services under.this Contract, including all applicable expenditures, revenues, and indirect cost allocations, and any other pertinent allocations which are in connection with Contractor's operations that are not a part of this Contract. 8. Audits. The records of the Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by Paragraph 7. (Cost Report and Settlement) . Any certified cost report or audit required by Paragraph 7. (Cost Report and Settlement) shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Agreement. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Agreement, including any adjustments made pursuant to Paragraph 7. (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days. of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Agreement exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjust- ments made pursuant to Paragraph 7. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Agreement. 9. Audit Exceptions. In addition to its obligations under Paragraph 8. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Agreement. Contractor .also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Agreement. i nJF:dh -2- 0123:� GENERAL CONDITIONS 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable to public agencies with respect to its performance hereunder, including but not limited to, Federal regulations, guidelines, bulletins, and circulars pursuant to Title I of the Housing and Community Development Act of 1974, including Title 24 of the Code of Federal Regulations, Chapter V. Part 570, as published in the Federal Register, Vol. 39, No. 220, Wednesday, November 13, 1974, as may be revised and amended; and which are incorporated herein by reference. Documentation of such compliance shall be made available for review by the County upon request. 2. Inspection. Contractor's performance, place of business and records pertaining to this Agreement are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records pertaining to this Agreement and such additional records as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Agreement for three years from the date of submission of the Annual Performance Report by the County to MUD, except as follows: (a) Records that are the subject of audit finding's shall be retained for three years after such findings have been resolved. (b) Records for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final disposition. (c) Records for any displaced person shall be retained for three years after he has received final payment. 5. Termination. a. Failure to Perform. In the event the Contractor fails to perform properly any of its obligations hereunder and such failure of performance is not cured by the Contractor within thirty (30) days after receipt of written notice from the County, the County may in addition to any other remedies, complete the Contractor's obligations in any reasonable manner it chooses, take possession of any real or personal property associated with the project, and construct, operate or maintain the project as the County may deem necessary to fulfill requirements of the Federal Government. The Contractor agrees to reimburse the County for any costs or expenses incurred by the County because of said failure to perform and also agrees to convey title to any real property acquired by Contractor with project funds should County request such title. b. Cessation of Funding. In the event that Federal funding for this Agreement ceases, this Agreement is terminated. c. Failure by the Contractor to perform properly any of its obligations under this Agreement may be cause for suspension of all obligations of the County thereunder. 6. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein and in the "COOPERATION AGREEI`uwr, H.C.D.A. 1974" effective January 20, 1976 and amendments relating thereto, if any, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shrill be deemed to exist or to bind any of the parties hereto. -1 Q1l. ,a r 7. Further Specifications fo7 operating Procedures. Detailed specifications of operating procedures and budgets required by this Agreement, including but not limited to monitoring, auditing, billing, or regulatory changes, may be developed and set forth in written "Informal Agreements" entered between the Contractor and the County. Such "Informal Agreements" when entered shall not be modifications to this Agreement except to the extent that they further detail or clarify that which is already required hereunder. Further, any "Informal Agreement" entered may not enlarge in any manner the scope of this Agreement, including any sums of money to be paid the Contractor as provided herein. "Informal Agreements" may be approved for, and executed on behalf of the County by the head of the County Department for which this Agreembnt is made or his designee. 8. Modifications and Amendments. a. General Agreements. This Agreement may be modified or amended only by a written document executed by the Contractor and the Contra Costa County Board of'Supervisors, subject to any required State or Federal (United States) approval. b. Administrative Amendments. Subject to the Payment Limit, only the Payment Provisions and the Project Work Program may be amended by a written administrative amendment executed by the Contractor and the head of the County Department for which this Agreement is made or his designee, subject to any required State or Federal (United States) approval , provided that such adminis- trative amendments may not materially change the Payment Provisions or the Project Work Program. C. Extension of Term for Performance. Without requiring Contractor to provide consideration in addition to that supporting this Agreement, the County of Contra Costa, through its Planning Director, may grant Contractor an extension of time for performance, beyond that time specified above under "Term" (Paragraph 3) . Any such extension must be in writing and shall be at the sole discretion of County. g. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Agreement shall be subject to final determination in writing by the head of the County Department for which this Agreement is made or his designee or in accordance with the applicable procedures (if any) required by the Federal Government. 10. Law Governing Agreement. This Agreement is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. 11• Conformance with Federal and State Regulations. Should Federal or State regulations touching upon this Agreement be adopted or revised during the term hereof, this Agreement is subject to modification to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to the disputes provision contained herein, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Agreement as prescribed; nor shall the County be thereby stopped from bringing any action for damages or enforce- ment arising from any failure to comply with any of the terms and conditions thereof. 13• Original Agreement. The original copy of this Agreement and of any modification thereto is that copy filed with the Clerk of the Board of Supervisors of Contra Costa County. 14. Assignment. This Agreement binds the licit-s, successors, assigns and representatives of Contractor. The Contractor shall not assign this Agreement, or monies due or to become due hereunder, without the prior written consent of the County. 15• Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to , create the relationship of agent, servant, employee, partnership, joint venture or association. 01,3 '- -2- Raw,W MOM .P Hifi-c lS z r.MS ".W, t-! t 16. Conflicts of Interest. Cow ractor agrees to furnish to the County upon demand a valid copy of the most recently adopted bylaws of any Corporation and also a complete and accurate list of the governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur, if Contractor iF a corporation. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest and will establish safeguards pursuant to Paragraph 12 of the attached "Assurances". 17. Confidentiality. Contractor agrees to comply and to require his employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of recipients, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not he open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. lg. Indemnification. a. Contractor hereby waives all claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. b. The Contractor shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or in- directly, the organization, development, construction, operation, or maintenance of the Project except for liability arising out of the concurrent or sole negligence of County, its officers, agents or employees. C. In the event County is named as co-defendant the Contractor shall notify the County of such fact and shall represent County in the legal action - unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs, expenses, and attorney's fees. d. This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. 19. Insurance. During the entire term of this Contract and any extension of modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide a policy*or policies of comprehensive liability insurance, including coverage for owned and non-owned auto- mobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruc- tion of property, including; the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurace coverage for its employees. c. Additional Provisions. 'I'lie policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurace as to ,the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies field by them shall not be required to contribute to any ;loss covered under the Contractor's insurance policy or policies. Not later than the effective date of this Contract, the Contractor shall provide the County with a cer(ili�O, of insurance evidencing the above liability insurance.- -3- u 20. Notices. All notices provided foo- by this Agreement shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to Contra Costa County Planning Department, P.O. Box 951, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Available Copies. Copies of the County's Project documents (as specified in Paragraph F, Project, of this Agreement) , and all pertinent Federal statues, regulations, guidelines, bulletins, and circulars applicable to this Agreement, shall be available at all times for inspection by the Contractor during regular business hours at the Offices of the Planning Department, Martinez, California. 22. Retained Powers. All powers not explicitly vested in the Contractor remain in the County. 23. Project Development. a. If the Project includes construction, the construction plans and specifications shall be reviewed and approved by the Contractor before construction is commenced. b. The Contractor shall secure completion of the construction work in accordance with the approved construction plans and specifications. c. If the Project includes acquisition of real property, the purchase price for such real property shall be determined from two County-approved appraisal reports prepared by competent appraisers or through proceedings in eminent domain. The initial acquisition offer shall be the highest County-approved appraisal. The appraisal reports and qualifications of such appraisers shall be submitted for review and approval by the County before initiation of the acquisition procedure. Contractor agrees to furnish County preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by County . Contractor agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of County might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. i s DJ F/A -4- =9 a _ ASSU}U1P CTS. The Contractor, as recipient of funding under Title I of the Housing and Community Development Act of 1974, assures and certifies that: 1. , It will comply with the regulations, policies, guidelines and requirements of Federal [Management Circulars 74-4 and 74-7, as they relate to the County's Community Development Block Grant Program application, accept- ance and use of Federal funds for this Federally-assisted project. 2. It possesses legal authority to execute the Project. 3. Contractor, identified as "Applicant" below, will- comply with: a. Title VI of the Civil Rights Act of 1964 (P.I. 88-352) and the regulations issued pursuant thereto (24 CFR Part I) , which provides that no person in the United States shall on the ground of race, color, 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 receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or. structure thereon is provided or improved with the aid of Federal financial assistance extended' to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance extended or for another purpose involving the pro- vision of similar services or benefits. b. Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended, administering all programs and activities relating to housing and community develop- ment in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services within the applicant's juris- diction. c. Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR 570.601), which provides that no person in the United States shall, on the ground of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Title I funds. d. Executive Order 11063 on equal opportunity in housing and nondiscrimin- ation in the sale or rental of housing built with Federal assistance. e. Executive Order 11246, and all regulations issued pursuant thereto (24 CFR Part 130), which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or federally-assisted contracts. Such contractors and subcontractors shall take affirmative action to ensure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruit- ment advertising; layoff or termination, rates of pay or other forms of compensation and selection for training and apprenticeship. f. Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the Project. *4. Prior to the submission of the "Project Work Program", the following have been complied with: a. Citizens have been provided with adequate information concerning the amount of funds available for the project, the range of activities that may be undertaken, and other important project requirements; b. Citizens have been provided an adequate opportunity to participate in the development of the project and In the development of any revisions, changes, or amendments. 01240 -1- 5. It will: a. Provide fair and reasonable relocation payments and assistance in accordance with Sections 202, 203, and 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and applicable HUD regulations (24 CFR Part 42), to or for families, individuals, partnerships, corporations or associations displaced as a result of any acquisition of real property for an activity assisted under the program; b. Provide relocation assistance programs offering the services described in Section 205 of the Act to such displaced families, individuals, partnerships, corporations or associations in the manner provided under applicable HUD regulations; c. Assure that, within a reasonable time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to such displaced families and individuals in accordance with Section 205(c) (3) of the Act, and that such housing will be available in the same range of choices to all such dis- placed persons regardless of their race, color, religion, national origin, sex, or source of income; d. Inform affected persons of the benefits, policies, and procedures provided for under-llUD regulations; and e. Carry out the relocation process in such a manner as to provide such displaced persons with uniform and consistent services, including any services required to ensure that the relocation process does not result in different or separate treatment to such displaced persons on account of their race, Icolor, religion, national origin, sex, or source of income. - 6. It will: a. In acquiring real property in connection with the Community Develop- ment Block Grant Program, be guided to the greatest extent practicable under State law, by the real property acquisition policies set out under Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and the provisions of Section 302 thereof: b. Pay or reimburse property owners for necessary expenses as specified in Section 303 and 304 of the Act; and c. Inform affected persons of the benefits, policies, and procedures under HUD regulations (24 CFR Part 42) . 7. It will give HUD and the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will comply with the provisions of the Batch Act which limits the political activity of employees. 9. It will comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards. 10. Its officer executing this Agreement: a. Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of such act apply pursuant to this Part; and b. is authorized and consents on behalf of the Contractor and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. *11. The Community Development Program has been developed so as to give maximum feasible priority to activities which will benefit low or moderate income families or aid in the prevention or elimination of slums or blight. Inhere all or part of the Community Development Program activities are designed to meet other Community Development needs having a particular urgency, such needs are specifically described in the application under the Community Development Plan Summary. ; 01P9_ r 12. It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particuarly those with whom they have family,. business, or other ties. 13. It will comply with all requirements imposed by HUD concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with Federal Management Circular 74-7. 14. It will administer and enforce the labor standards requirements set forth in Section 570.605 and HUD regulations issued to implement such require- ments. j (*Assurances 4 and 11 arc applicable only if Contractor is a city.) t nn U10A2 EX111 B I I A CONTRA CO:,►i, COUNTY COMMUNITY DEVELOPMENT PROGRAM 1977-1978 PROJECT WORK PROGRAM (Activities #4 and #30) A. PROJECT DESCRIPTION #4. }lousing Rehabilitation Program. A localized rehabilitation program to delineate target areas and provide initial grants and/or loans. #30. Neighborhood Facility to serve as a multi-purpose center primarily for the needs of senior citizens and juvenile residents, including recreation programs, counseling services and neighborhood meetings. The facility is located in Downtown Antioch, where the majority of Antioch's low and moderate income residents reside, in a building which previously served as a major department store. The project encompasses the Third Phase of building acquisition and renovation initiated in the First and Second Community Development Program Years. This project consists of acquisition and renovation of approximately a 26,000 square foot building on a 30,000 square foot parcel located between Second and Third Streets on the east side of the "F" Street parking lot. B. PROJECT TIME SCHEDULE Time Schedule on a month-by-month basis for the abovd Project indicating when major activity items are expected to be undertaken and completed. #4. Housing Rehabilitation Program August 1, 1977 - November 30, 1977 Development and adoption of Housing Rehabilita- tion Plan. October 1, 1977 - December 31, 1977 Delineation of Project Target Area(s) . October 1, 1977 - June 30, 1978 Community Relations and Communications February 1, 1978 - June 30, 1978 Project Implementation #30. Neighborhood Facility July 1, 1977 - September 30, 1977 Development of Renovation Plans (for portion of center) . September 1, 1977 - October 31, 1977 Approval of Renovation Plans. October 1, 1977 - October 31, 1977 Payment No. 3, Acquisition of Parcel and Building January 1, 1978 - April 30, 1978 Renovation of Building. June 1, 1978 Opening of Center. C. PROJECT ADMINISTRATION Contractor should indicate who will be responsible ;for administering the Work Program. neighborhood Facility: Stanford E. Davis, Director of Community Development City of Antioch P.O. Box 130 Antioch, CA 94509 Phone: (415) 757-3333 Housing Rehabilitation: Raymond Vignola, City Planner City of Antioch ' P. U. Box 130 01143 Antioch, CA 94509 -1- PROJECT WORE' PROGRAM D. PERFORMANCE STANDARDS Contractor should indicate, where applicable, what performance standards (details of project implementation) will be applied in implementing the Work Program. Under this program, the City of Antioch shall: In all contracts under $10,000 entered under this agreement, comply with procurement procedures contained in FN1C 74-7, Attachment 0 and any other applicable HUD Regulations. All construction contracts in excess of $10,000 shall be in compliance with bid procedures contained in Assurance #3 and Appendices III and IV of the "Guide for Compliance with Assurances and Certification Under the housing and Community Development Act", as provided by the County Planning Department. All construction contracts in excess of $100,000 shall comply with bonding and insurance requirements contained -in FMC 74-7, Attachment B. In all contracts, purchase agreements, and invoices entered under this agreement, 'regardless of amount, the Contractor shall comply with appropriate HUD regulations including equal opportunity and Section 3 Contractors, as provided in Assurance #3 of the Compliance Guide cited. An executed copy of all contracts let under this agreement shall be transmitted to the County Planning Department priar to demands being processed for payment to. ensure that all appropriate clauses and provisions have been included. In addition, the following performance standards shall apply to each of the following activitic #4. Housing-Rehabilitation Program - Develop and adopt policies for program implementation which conform to IiUD regulations pertaining to code enforcement and rehabilitation financial assistance. #30. Neighborhood Facility - Comply with all applicable Federal and State laws and regulations pertaining to acquisition, as contained in Assurance #6 of the Compliance Guide cited. All designs and specifications for the Neighborhood Facility shall comply with local building codes and regulations, in particular those laws and regulations pertaining to access for handicapped persons to public facilities. The completed facility shall be maintained by the City of Antioch for a period of at least 20 years. E. PROGRAM MONITORING 1 . Contractor's staff will meet at least once per quarter with appropriate County staff and Community Development Advisory Council representatives where applicable to discuss progress of the Contractor toward achieving stated work program objectives and to assist Contractor's staff in solving problems. 2. Contractor shall maintain and submit Quarterly Progress Reports to the County Planning Department. 3. Contractor shall maintain and submit quarterly monitoring and progress reports on work performed by sub-contractors. i F. GENERAL OPERATIONS Overtime Prohibition. Contractor shall not allow staff overtime wage rates under this Contract. - 2 - 01244 r m•ia •" r PROJECT WORK PROGRAM G. BUDGET OF ESTIMATED PROGRAM f.Xi'l_NDITURES 1 . Contractor shall provide services under this Contract in accordance with the following budget of allowable expendi tures: LINE NO. PROGRAM ACTIVITY P4OUNT 1 . ACQUISITION OF REAL PROPERTY 2. PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS 312,524.04 3. CODE ENFORCEMENT 4. CLEARANCE, DEMOLITION, REHABILITATION 5. REHABILITATION LOANS AND GRANTS 45,000 6. SPECIAL PROJECTS FOR ELDERLY AND HANDICAPPED 7. J PAYMENT FOR LOSS OF RENTAL INCOME 8. DISPOSITION OF REAL PROPERTY 9. PROVISION OF PUBLIC SERVICES 10. PAYMENT OF NON-FEDERAL SHARES . 11. COMPLETION OF URBAN RENEWAL PROJECTS 12. RELOCATION PAYMENTS AND ASSISTANCE 13. PLANNING AND MANAGEMENT DEVELOPMENT TOTAL CONTRACT AMOUNT $357,524.04 2. Subject to the Payment Limit of this Contract, each line item budget amount specified above may be changed with prior written. authorization from the County Planning Director or his designee. 3. The above schedule is subject to a Contractor's Detailed Expenditure Schedule, which shall sub-categorize in specific detail the above line item categories and amounts and be kept on file with the County Planning Department, in,the form and manner presecribed by County. j 1 � i i 411An. � - 3 - i hi .. .� _.... CONTRA CMIA COUNTY COMMUNITY DEVELOPMENI I-POGRAM, 1977-1978 H. CONTRACTOR'S DETAILED EXPENDITURE SCHEDULE CONTRACTOR: ACTIVITY NUMBER: #4, & #30 City- of Antioch PAGE I OF 1 P.O. Box 130 Antioch, CA 94509 (415) 757-3333 BUDGET PERIOD: July 1, 1977 - June 30, 1978 Original x Amendment No. (a) (b) BUDGET ITEM CD FUNDS - $ + OTHER FUNDS - $(c) = TOTAL - $(d) #4. Housing•Conservation 45,000 -- 45,000 and Rehabilitation Program #30. Neighborhood Facility 312,524.04 1 ,207,868 1,340,392.04 Acquisition of Building Third Payment - (190,800) Building Renovation (121,724.04) ( 98,893 EDA) Development of Plan ( 104,100 Park Bonds Act) Preparation and Award ( 349,875 Urban Open Space) of Contracts ( 475,000 'Antioch Develop. Agency) Contractor Costs of Remodeling Partitions ALL OF ABOVE AUTHORIZED Lighting AND AVAILABLE Interior Modifications Exterior Modifications Mechanical & Electrical Equipment Repairs Labor Mechanical Equipment Audit e TOTAL $357,524.04 $1,027,868 $1,385,392.04 NOTES: (a), Detailed categories expanded from Budget of Estimated Program Expenditures pursuant to FMC 74-4 (b) Items that are eleigibile to be funded by Community Development i ' Block Grant Funds (see HUD Rules & Regulation). (c) Estimate of other necessary expenditures that cannot be funded with CD monies; and indication of anticipated sources, assurances and timing of other funds. (d) Sum of (b) and (c) above including both Community Development and non-Coinnunity Development funds. (e) Contract Payment Limit for CD project. 01 i In the Board of Supervisors of Contra Costa County, State of California September 2019 77 , In the Matter of Contract #7708 Consultant Contract with Mr. Warren Gayten to provide Psychological Services to Head Start Program September 1, 1977 through Aug. 31, 1978 IT IS BY THE .BOARD ORDERED that its Chairman is AUTHORIZED to execute the following Short Form Service Contract: NUMBER: 77-208 CONTRACTOR: Warren Gayten TERM: September 1, 1977 - August 31, 1978 PAYMENT LIMIT: $10,865 DEPARTMENT: Community Services Administration - Head Start SERVICE: Psychological Consultation FUNDING: Office of Child Development/DREW PASSED BY THE BOARD on September 20, 1977 I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Office of Economic Opportunity Witness my hand and the Seal of the Board of cc: County Administrator Supervisors County Auditor-Controller affixed this 20th-day of_ September 3 g 77 Contractor- C/o 0-0 Ak J. R. OLSSON, Clerk By .� Deputy Clerk I-_axine P . .+;eufe2d . ,r f;,_ .,. f"' 4- fa.a .r- ..,.�� L..';-✓_rr� ()19A,� H-24 3(76 15m T NOON Qiiice o` Economic Opportunity Cafltra Community Services (944-3333) ?205 Contra Costa Boulevard Project Head Start (944-3475) Plersant ;-iill, California Costa Housing Counseling (944-3,M) (415) 944-3333 Coin Judy Ann Miller Executive Director 101 ter. �J. MEMORANDUM TO : NSr. Aurthur G. Will, County Administrator DATE: September 14, 1977 FROM = Rita Hays, Acting Director OEO suwcT= Board Agenda Item, Consultant Contract The Regional Office of Child Development has granted the Contra Costa County Head Start Program sufficient funds for the employment of a half time Psychologist to work with the Handicapped Component of the Head Start Program. The Head Start Staff, with the approval of the County Head Start Policy Council has negotiated a Consultant Contract with Mr. Warren Gayten, Psychologist, Berkeley, California, to perform these services. The Contract, covering the period September 1, 1977 t'nrough August 31, 1978, is in the amount of $10,865. All funds are Federal and from the Head Start Program Account 926 (Head Start Services to Handicapped Children). The position funded provides the Head Start Program with a core capability of screening, assessment and services to children with Special Needs who are served by the Program. The Consultant Contract has been approved by County Counsel. ACTION REQUESTED: Agenda this item for Board of Supervisors' meeting September 20, 1977 with recommendation that Board Chairman execute Consultant Contract for provision of Psychological Services to the County Head Sart Program for the period September 1, 1977 through August 31, 1977. Payment limit for the Contract is $10,865 from Federal funds provided by the Department of Health, Education and Welfare. RSH:MUM:cc RECEIVED Enc. SEt go 19/7 cc: _iyron W. block, head Start Coordinator J. R. OtSSOrl CLERIC B:)ARS O: SUPERVISORS .CONTRA rOSTA CO. Clerk of the Board s '� ' ' - _:.Me ' e 01214 ' &CID"i MW with board order I CiLOP .,iEtiIi tr.�. 1. Contract TCiC-r?ti fiCc,_tion. - I:u^ter 't'7-20S Depar4 ent: comm-u-nity Administration - Head Start Sabject: Psycir-olooical Consultation - Mead Start Progra-� 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the followyng named Contractor mutually agree and promaise as follows: Contractor: Marren Gayton Capacity: individual Contractor Address: 1933 Delaware Street, Berkeley, Ca. 94709 3. Terni. The effective date of this Contract is September 1, 1977 arid it terminates A.L�gust 31, 1973 unless sooner terminated as provided hemi n. 4. Te—urination. This Contract nay be terminated by the County, at its sole di scretion, upon five-day advance vTritte_n notice thereof to the Contractor, or cancelled i- ediately by written mutual consent. 5. Payme`nt Limit. County's total payments to Contractor under this Contract shall not exceed $10, 865 6. Coun tv's Obli g.tior_s. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon submission of a properly documented denand for payment in the -manner and form prescribed by County (Demand Form D-15) and upon approval of such demand by the head of the County Department for which this Contract is made or his desic nee, according to the following fee schedule: (x) hour; or FEE RATE: $ 10.45 per service unit: ( ) session, as defined below; or ( ) calendar ( hr day, week or NOT TO EXF + a total of 1040 service unit(s).. ' 7. Contractor's Obligations. Contractor shall provide the following described services: Consultation, specialized instruction, training, and direct services in the field of mental health for County-selected persons in the time, place and :;canner required by the County: 1. To coordinate mental health component :-nth other head Start component services to handicapped children. 2. Proy7de direct, therapeutic mental health services as needed for Head Start children and families. 3. Provide training and technical assistance in field of mental health to Administrative staff, Delegate Pwrcy staff and parents. 4. To serve as consalta_nt to :iealth Fdvisory Board and Handicapped Progra-n Coordinator. 5: Coordinate activities of local program Liental health Consultants. 6. Act as referral agent and liaison urith coamunity mental health resources. 7. Serve as advocate for children's mental health services in co=.. L pity. 8. Perform written asses�ent, monitoring and evaluation reports of mental health program for Grantee and Delegate Agencies. 9. Participate in program planning and serve as mental health representative at meetings required by and of the C�-antee. 8. Ir_deaendent Contractor Status. This Contract is by and between two independent contractors and is not intealded to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. 9. Inde orifi cation. The Contractor shall defend, save harmless and inde-mnify the County and its ofFt cers, age-nts and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause winatsoever arising from or connected tdth the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or othenise, of the Contractor, its agents or employees, the County, its agents or erployees, or any other person or entity. 10. Lem? Authority. This Contract is entered into under and subject to the follo:.ir_g leg?l aut'-iori ties: Cali fornix Govern-ment Code Sections 26227 and 31000. 11.. §,,hn tures. These signatures attest the parties' agreament hereto: wu(IiY Ur OX7 T r^1'CY0ST, C.AfIFOIM TA COMTR!!(:1Y)R R Desi r,iec V Recce---ia:ded by' Depart-nc:,it (Designate official capacity) Form App-roved y [ John B. Clausen, County Coun��l� Desi&nee Microfilmed Witfi board order (10/76) Ey r In the Board of Superyisors of Contra Costa County, State of California September 20 , 19 In the Matter of Contract x`20-163 with Elizabeth B. Fielding for provision of training sessions for the County Area Agency on Aging IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract #20-163 with Elizabeth B. Fielding for provision of training services for the staff and volunteers of the Area Agency on Aging, administered by the Social Service Department, for the period September 19, 1977 through September 30, 1977, with a payment limit of $225 in Area Agency on Aging Title IV-A Older Americans Act federal funds. PASSED BY THE BOARD on September 20, 1977• hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig- Human Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Crants Unit Supervisors cc: County Administrator affixed this20thday of Sentember. 19 77 County Auditor-Controller County Area Office on 'a Aging J. R. OLSSON, Clerk t•4YI � �j�✓. . Contractor BY" /6• Deputy Clerk ne I.1. N :old 014ou H-24 3/76 15m Contra Costa County Standard Form SHORT FORM SERVICE CONTRACT 1. Contract Identification. Number O 6 Department: Social Service Subject: Professional training services for the staff and volunteers of the Senior Information and Referral Program (Area Agency on Aging) 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: ELIZABETH B. FIELDING Capacity: Self-employed individual Address: 921 Sassel, Concord, California 94518 3. Term. The effective date of this Contract is September 19, 1977 and it terminates September 30, 1977 unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent. 5. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $_225 6. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon submission of a properly documented demand for payment in the manner and form prescribed by County (Demand Form D-15) and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, according to the following fee schedule: (X) hour; or FEE RATE: $ 18.75 per service unit: ( ) session, as defined below; or ( ) calendar (insert day, week or month) NOT TO EXCEED a total of 12 service unit(s). 7. Contractor's Obligations. Contractor shall provide the following described services: Consultation, specialized instruction, and training in recognizing the special problems of the elderly, communicating with the elderly and sources of community services provided for the elderly, for County-selected persons in the time, place, and manner required by County, including the provision of any related materials and supplies. 8. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. 9. Indemnification. The Contractor shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or otherwise, of the Contractor, its agents or employees, NMW�. 10. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227,X] 31000) and 53703; and Title IV-A of the Older Americans Act of 1965, as amended. 11. Signatures. These signatures attest the parties' agreement hereto: C NTY OF C ` COSTA, CAL ORNIA CONTRACTOR Designee Recommended by Department (Designate official capacity)' 51 By Designee (Form approved by County CoUIU (A-4620 7/76) Microfilmed with board order In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 7_Z_ In the Matter of Contract 2`20-114-1 with Pit. Diablo Rehabilitation Center for Area Agency on Aging Nursing Home Ombudsman Service IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract P20-114-1 with Pit. Diablo Rehabilitation Center for provision of nursing home ombudsman service during the term August 1, 1977 to June 30, 1978 in the amount of $16,270 under Title III Older Americans Act Federal funding for the Social Service/Area Office on Aging. PASSED BY THE BOARD on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orifi• Human Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this2^thday of Sent-tuber 19 77 County Auditor-Controller County Social Service/ Office on Aging !� ,f; J. R. OLSSON, Clerk Contractorr� /1. _,_�e.EV Deputy Clerk Max' ine 1.1. Neufeld �— EH:dg I H-N 3/76 15m '� Coz=,2 --osta County Standard (Form STANDARD CONTRACT (Purchase of Services) 1. ionz_.ict Identification. Number , - 114 Department: Social Service Subject: Nursing home ombudsman service for Area Agency on Aging 2. ?a-ties. The County of Contra Costa California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: MT. DIABLO REHABILITATION CENTER C=nacity: Nonprofit corporation :.=dress: 490 Golf Club Road, Pleasant Hill, California 94523 3. :e=. The effective date of this Contract is August 1, 1977 and it te_m_na_as June 30, 1978 unless sooner terminated as provided herein. 4. Fa—zent Limit. County's total payments to Contractor under this Contract shall not exceed S 16,270 5. Ccuntv's Obligations. County shall make to the Contractor those payments described in to ?a�—n-ent Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Cozzractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Proiect. This Contract implements in whole or in part the following described Project, Lhe application- and approval documents of which are incorporated herein by reference: Contra Costa County Area Agency on Aging Project (Revised Plan and Budget . for FT 1977-78 approved by the County Board of Supervisors on July 26, 1977). 9. Le__.l .uthority. This Contract is entered into under and subject to the following legal authorities: 42 USC §3021 et seq., 45 CFR §903.0 et seq. California Government Code 53703 10. Si__.atures. These signatures attest the parties' agreement hereto: COUN CO COSTA, CAL NIA CONTRACTOR s� - v 'firman, Board of Su rvisors (Designate official capacity in business Attest: J. R. Olsson, County Clerk and affix corporation seal) State of California ) ss. By '� County of Contra Costa ) Deputy ACIMOWLEDGEMENT (CC 1190.1) The person signing above for Contractor Reco=ended by Department known to me in those individual and business capacities, personally appeared before me today and acknowledged that he/ $v they signed it and that the torporation Designee or partnership named above executed the within instrument pursuant to its bylaws or a resolution of its board of directors. Form :proved: County Counsel f FORM APPROVED Dated: NRA Contracts dministrator , 6y0ts��noe qca Deputy - - Deputy County Clerk ©1 f� :J (A-L-61.7(A-L-61.7 REV 6/76) Microfilmed with board order 44 ,:'h..x' ^. yxww �?:�-?. i•.Fad...r+...Ar� .r . H. Contra Costa County Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) Number 2 0 — 1 1 4 ~ 1 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Contract_ Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to the Contractor for all services provided for County under this Contract shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Contractor's obligations under this Contract. 2. Paiment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Contract, County will pay Contractor: [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [X] c. An amount equal to Contractor's allowable costs that are actually incurred each month, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: [Check one alternative only.] [X] a. General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable To Grants and Contracts With State and Local Governments) and Attachment• B (Standards For Selected Items of Cost), and, subject to said Attachments A and B, such other documents (if'any) specified in the Service Plan regarding: (1) Principles for determining and allocating the allowable costs of providing those services set forth in the Service Plan, and (2) Standards for determining the allowability of selected items of costs of providing those services set forth in the Service Plan, or [ ] b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allocable or non-allowable costs. 4. Payment Demands. Contractor shall submit written demands monthly or as specified in 2. (Payment Amounts) above, for payment in accordance with Paragraph 2_ (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head7of the County Department for which this Contract is made or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. (A-L-618 REV 6/76)' -1- Contra Costa County Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) Number 5. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than sixty (60) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Contract. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract,'Contractor shall remit any such excess amount to County. 7. Audits. The records of the Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 1S months from the termination date of this Contract. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pur- suant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Contract. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. Q1 5 ) (A-4618 REV 6/76) -2- SERVICE PLAN �j di Number/. �{ During the term of this Contract, Contractor will provide a Nursing Home Ombudsman Prooram for older persons (age 60 and over) for the County Area Agency on Aging. The purpose of the program is to provide mediation and conciliation services in the resolution of inquiries and complaints from older nursing home patients. The Contractor's service program will include the following components: 1. Ombudsman Program Personnel. Contractor will hire a qualified project director/ombudsman for part-time work who will direct program implementation, including working with and coordinating activities of the Advisory Body and Volunteers (see 2 and 3 below) and providing liaison with the Area Agency on Aging. Contractor will hire a quarter-time secretary to provide clerical support for the program. 2. Advisory Body. Contractor will organize an advisory body, including older persons, representatives of the County Health Department, Nursing Home Association, and others with direct knowledge of and experience with nursing home programs. The advisory body will establish policy and general procedures for the program. Regular meetings of this body will be scheduled at least monthly. 3. Volunteers. Contractor will recruit, train, and supervise approximately ten (10) volunteers to provide direct services with and for clients confined in nursing homes. Contractor will work with community resources (i.e., adult school programs) to establish training for volunteer ombudsmen who work with older persons. 4. Program Implementation. Contractor will: a. Publicize services available through this Contract to appropriate community organizations, area nursing homes, etc. through direct personal contact, distribution of an informative brochure, etc. b. Receive, investigate, and process inquiries, complaints and questions regarding problems of individual patients in nursing homes. C. Closely coordinate with and communicate to the Senior Information Service the needs of older persons in nursing homes for services not provided; e.g., assistance with legal, SSI, rledicare and Medi-Cal problems. d. Develop knowledge of community resources. 5. Reporting Requirements. Contractor will: a. Submit monthly statistical and fiscal reports in the manner and form required by County. b. Collect and report program data and evaluation material, including documentation of significant problems encountered by the nursing home population, in the manner and form required by County. 6. Budget of Estimated Program Expenditures. State of California Office on Aging "Manual of Policies and Procedures," February 1975, will prevail in setting fiscal guidelines, including standards for allowable costs. As specified in the Payment Provisions, payment for services is subject to the attached "Budget of Estimated Program Expenditures." Initials: Contractor County Dept. 0 i BUDGET OF ESTIMATED PROGRAM EXPENDITURES Nursing Home Ombudsman Mt. Diablo Rehabilitation Center ' Number' 0 1 Local Federal (In-Kind) Share Share Personnel: Project Director $10,693 Secretary 1,084 Fringe 2,028 Travel - 15 cents/mile 880 Building Space - 15 cents/sq. ft. x 900 sq. ft. $ 1,485 Communications and Utilities 1,210 Printing and Supplies 200 Other: Audit 175 Administrative Services 323 Total $16,270 $ 1,808 Total Contract Payment Limit: $16,270. Initials• &4 Contractor County Dept. AM Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Contract for three years from the date of submission of Contractor's final payment demand or final Cost Report (whichever is later) under this Contract, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Contract or for such further period as may be required by law. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to,monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or. the Service Plan. 1��8 (A-4616 REV 6/76) -1- MWI v RP Contra Costa County Standard Form GENERAL C*OIT1UNS (Purchase of Services) 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contrazt shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfil' this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. -he Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shalt not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contract -^-orrises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recent=ly adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Contractor agrees to comely and to require its employees to comply with all applicable State or Federallstatutes or regulations respecting confi- dentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in correction with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as r-,.:1orized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. (A-4616 REV 6176) -2- 01.,59 ,�+ ,:.; ... .t"�4�-.,s - w. a -.tt '.• a.' c.. k 44111k a 1Y.�;£ wd':a ^� 'c6: tcS;''S .•.^ ,h Yu .... :F�>.s.:_. ^c ..rc.:i'•s: .-_ Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 18. Idemnification. The Contractor shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or otherwise, of the Contractor, its agents or employees, the County, its agents or employees, or any other person or entity. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned auto- mobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of this Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made, c/o Contracts & Grants Unit, Human Resources Agency, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. ►126© (A-4616 REV 6/76) -3- In the Board of Supervisors of Contra Costo County, State of California. September 20 19 ZZ- In Z!n the Matter of Contract #22-048-4 with James F J. O'Donnell for provision of Occupational Alcoholism Consultation Services. The Board having authorized contract negotiations with the below named Contractor by its order dated August 30, 1977, IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract #22-048-4 with James J. O'Donnell (self-employed consultant) for the provision of Occupational Alcoholism Consultation Services from September 1, 1977 through June 30, 1978 with a contract payment limit of $15,740, under the County Health Department's Alcoholism Information and Rehabilitation Services (AIRS) budget for FY 77--78 and under terms and conditions as more particularly set forth in said contract. PASSED BY THE BOARD on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Oria: Human Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this21-1thday of 5Pn emhPr 19 County Auditor/Controller 77 County Health OZ�ficer Contractor , J. R. OLSSON, Clerk BY?" Deputy Clerk Plaxine ie. Ned SD:sh H-24 3/76 15m .K i .4 fA Contra Costa County Standard Form STANDARD CONTRACT (Purchase of Services) 1. Contract Identification. Number 2 2 _ O "" Department: Health (AIRS) Subject: Occupational Alcoholism Consultation Services for the implementation of a comprehensive alcoholism education and treatment program for employees of the County of Contra Costa. 2. Parties. The County of Contra Costa California (County), for its Department named ' above, and the following named Contractor mutually agree and promise as follows: Contractor: JAMES J. O'DONNELL Capacity: Self-employed individual (Occupational Alcoholism Program Consultant) Address: 148 Hodges Drive, Moraga, California 94556 3. Term. The effective date of this Contract is September 1, 1977 and it terminates June 30, 1978 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 15,740 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County Alcoholism Plan and Program Budget for FY 1977-78, and any modifications and revisions thereof. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Welfare and Institutions Code, Division 11, Section 19900, et seq. , and Sections 5170-5176; California Government Code Section 31000. 10. Signatures. 1 These signatures attest the parties' agreement hereto: -OU= O RARA COSTA IFORNIA CONTRACTOR W. N. Boggess By Chairman, Board o ervisors (Designate official apacity in business Attest: J. R. Olsson, County Clerk and affix corporation seal) State of California ) ss. By ( County of Contra Costa ) Deputy ACKNOWLEDGEMENT (CC 1190.1) The person signing above for Contractor Recommended by Department known to me in those individual and business capacities, personally appeared before me today and acknowledged that he/ B le they signed it and that the corporation Designee or partnership named above executed the within instrument pursuant to its bylaws or a resolution of its board of directors. Form Approved: County Counsel Dated: J, v !�' lQ77 Deputy /Deputy CqUty Clerk (A-4617 REV 6/76) Microfilmed with board ordac 01462 Contra Costa County Standard Form PAYMENT PROVISIONS (Fee Basis Contracts) Number 2 2 - 048 -- 4- 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee: [Check one alternative only.] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] c. $ after completion of all obligations and conditions herein and as full compensation for all services, work, and expenses provided or incurred by Contractor hereunder. [X1 d, $ 1,470 monthly, plus the reasonable cost of authorized expenses actually incurred hereunder (not to exceed $1,040 for the term of this Contract) for mileage, travel and per diem expenses, including expenses for attendance at professional conferences and training seminars. 2. Payment Demands. Contractor shall submit written demands monthly or as specified is 1. (Payment Amounts) above, for payment in accordance with Paragraph 1. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 4. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State, or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. 010<10 (A-4619 REV 6/76) i' SERVICE PLAN A 2 - 048 - 4 _ O 4 8 _ 4 Number~•)+ 1. Service. Contractor shall provide for County certain professional consulta- tion and technical assistance services to assist County in implementing and operating a comprehensive alcoholism education and treatment program for persons employed by County. Contractor shall work an average of 40 hours per week under this Contract in providing these occupational alcoholism services, which shall include, but not be limited to, the following activities: a. Employee Counseling Program. Contractor shall further implement the comprehensive alcoholism education and treatment program for employees of the County of Contra Costa, also known as the Employee Counseling Program, begun under Contract #22-048 and #22-048-2. Contractor shall: (1) Continue to identify the services which are presently available to County employees with problems of alcohol abuse, to determine the needed services which are not available, and to devise plans for making such needed services available within the context of a system-wide comprehensive alcoholism education and treatment program for County employees. (2) Conduct in-service training sessions for a minimum of two hundred fifty (250) County employees, to include, but not be limited to, employee supervisors and union shop stewards in the various County offices, agencies, and departments on the recognition, prevention, identification, and treatment of alcoholism and alcohol abuse among County employees. (3) Further develop and distribute educational and informational materials regarding occupational alcoholism and the operation of the Employee Counseling Program, to include, but not be limited to: an outline for a training module for supervisors, a management training guide, and an employee counseling brochure. (4) Provide information, consultation and referral services to employee supervisors, employees, and employee union representa- tives from County offices, agencies, and departments on a continuously available basis, as necessary to accommodate the service needs of such persons regarding occupational alcoholism and problems of alcohol abuse. (5) Provide and/or coordinate pre-treatment counseling for County employees requesting help and refer such persons to appropriate treatment and counseling services. (6) Explore possible long-range Funding alternatives for the continued and permanent operation of a comprehensive alcoholism education and treatment program for County employees. b. Outside Consultation. Conractor shall provide consultation as prescribed by County to private industry, community groups, and other public agencies in Contra Costa County regarding occupational alcoholism and alcohol abuse and the development of such education and treatment programs for their employees. Contractor shall provide this consultation in accordance with the County's FY 1977-78 Alcoholism Plan and shall help to establish at least two (2) new education and treatment programs for such organizations having over 300 employees. c. Additional Services. Contractor shall provide additional consultation and technical assistance services regarding occupational alcoholism as may be pre- scribed from time to time by the County Health Officer or her designee. d. Service Guidelines. Subject to and insofar as not inconsistent with this Service Plan, Contractor shall provide the above services in accordance with the program goals, objectives, policies, and other such guidelines set forth in the following described document: "Contra Costa County Alcoholism Plan and Program Budget, FY 1977-78." Initials: .4/VQJ - C rractor 1 County Dept. 01261 ■ i SERVICE PLAN Number 2 - y 48 - 4 2. Independent Status. Contractor is an independent contractor and County shall neither direct nor have control over Contractor, his activities, or the methods and details by which he fulfills his obligations under this Contract. In providing services hereunder, Contractor shall work cooperatively with the County Health Officer or her designee. 3. Quarterly Performance Reports. Contractor shall submit regular written Performance Reports quarterly to the Administrator of the Health Department's Alcohol Information and Rehabilitation Services (AIRS), detailing Contractor's accomplishments in performing the above services. The AIRS Administrator shall be responsible for evaluating Contractor's performance under this Contract. 4. Activity Support Services. County shall provide for Contractor certain office space, clerical support, office supplies and services, materials, equipment, facilities, and assistance as may be mutually determined to be necessary to support Contractor's activities hereunder, but excluding the use of County cars. 5. Expenses. Contractor's fee, as set forth in Paragraph l.d. of the Payment Provisions, includes full compensation for all services, work, and expenses provided or incurred by Contractor under this Contract, including all travel, mileage, and per diem expenses. SPECIAL CONDITIONS 1. Insurance. Paragraph 19. (Insurance), page 3, of the General Conditions is hereby deleted and replaced by a new paragraph to read as follows: "19. Insurance. a. Automobile Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect a policy or policies of motor vehicle liability insurance naming the County and its officers and employees as additional insureds, for any use Contractor makes of a private automobile in the performance of this Contract, as required by State law and in amounts not less than: (1) $15,000 for personal injury to, or death of, one person; (2) $30,000 for injury to, or death of, two or more persons, per occurrence; and (3) $10,000 for property damage. b. Insurance Certificate. Not later than the effective date of this Contract, Contractor shall provide County with a certificate(s) of insurance evidencing the above liability insurance. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above-specified coverage. Said policies shall constitute primary insurance for any claims as to the County, the State and Federal governments, their officers, agents and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under Contractor's insurance policies." r Initials: C t actor County Dept. 01461 Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Contract for three years from the date of submission of Contractor's final payment demand or final Cost Report (whichever is later) under this Contract, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Contract or for such further period as may be required by law. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to,monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. ry (A-4616 REV 6/76) -1- ince ��,..�«.,,..:r.; ,. :,:.,a� ri, .c .. .. ..._...,. ._ ,.• r:5=. .-. ... ..... -..-.. _-,�.x?.,.,..,.,e - .>. . ..7 v�.-�,. � �. K. c, '"� - ety t" n f r m Contra Costa County Standard Form 1- 7. GENERAL CONDITIONS (Purchase of Services) 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Contractor agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi— dentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a inisdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. (A-4616 REV 6/76) . -2- 01267 J � w T . ' Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 18. Idemnification. The Contractor shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or otherwise, of the Contractor, its agents employees, the Geunt^ its , ..goats Qr omni oywaaa ,4r 3Ry otyher--pa*s@ ! " QFiti-ty. o - 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned auto- mobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of this Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made, c/o Contracts & Grants Unit, Human Resources Agency, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. F (A-4616 REV 6/76) —3— 011268 In the Board of Supervisors of Contra Costa County, State of California September 20 , i;77 In the Matter of Authorizing Director of OEO to sign Application for the calendar year 1978 Head Start Program for a total of $698,660 which reflects $508,660 Federal Funds plus'$190,000 in Non Federal Share IT IS BY THE BOARD ORDERED that the Economic Opportunity Director is AUTHORIZED to submit Application to the Department of Health, Education and Welfare for fund contribution of the Head Start Grant in the amount of $698,660 which reflects $508,660 in Federal funds plus $190,000 in Non Federal resources. PASSED BY THE BOARD September 20, 1477 I hereby certify that-the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Orig. Dept: OEO Supervisors C. C. County Administrator affixed thi�Oth da of September 19 77 County Auditor-Controller Y Head Start c/o OEO 2C J. R. OLSSON, Clerk Deputy Clerk 14axine M. NleufeLd 9 .269 H-24 3176 15M Office 0� Econcmic Opportunity Contra • Con, munity Services (944-3333) 225 Contra Costa Boulevard ^t Project Head Start (944-3475) Pl�asant Hill, California Cos>_a Housing Counseling (944-3477) (415) 94;•-3333 Coull , Jody Ann Mille: l� t ll!/ R E C E T T T M . 1 V Execative Director SEPi977 J. P. OLS:Or CLERK BOARD OF SUPERVISORS MEMORANDUM CONrRA Cos CO. 8y e _.Deputy To Mr. Arthur C. Will, County Administrator DATE: September 14, 1977 FROM : Rita Hays, .Acting Director, OEO/CSA sUBJ!EcT: Board Agenda Item - 1978 Head Start Application The 1978 (Prograe Year PI) Head Start Application is due in the Regional Office of Child Development by September 23, 1977. For the 1978 Program Year the guideline allocation is for $508,660 in Federal funds plus not less than 20% local matching funds. The Head Start program and budgets have been prepared at the local (Delegate Agency) level and have been approved by the Delegate Agency Parent Policy Committees, County Fead Start Parent Policy Council and the EOC Executive Committee. The application is scheduled to be presented to the Economic Opportunity Council Thursday, September 15. The nrogra..m for 1978 is a continuation of the program now in operation and will continue to serve 340 - 350 children. The Delegate Agencies, number of children served and funding is presented below: Agency Children Served Federal Funds Non- Federal Funds North Richmond Neignbo?hood House 85 $ 127,163 $ 32,1112 Bayo Vista Tiny Tots Nursery, Inc. Its 56,522 15,118 Martinez Unified School District 18 21,851 9,292 Pit. Diablo Unified School District 60 71.1.,925 31,067 First Baptist Church of Pittsburg 64 86,550 273,300 United Council of Spanish Speaking Orti--lizations 70 86,712 18,941 Cr r:`ral AcLlnistration - 54:937 56,140 Toi--pas 342 $ 508,660 -$ 190,000 your it--fou _ati on a breal-do:,r of the non-Yederall sba--e is attached. The County Goverment contribution is three hundred dollars WOO more than 1977. 01270 Microfilmed with board order � ;G:wr' f•�. ...,,- ;..Y` r;:'c .:tR._,i. _... ...a�.:e , ._ ... _ .._ .. ,.... ._ "'ter' �"' ,ten".. -- �. .- ;, 1 R� ^h+ Page 2 Action Requested: approve submission of County Bead Start Application for 1978 Program Year in the account of $698,660 ($508,66o Pederai share and $190,000 non Federal share) and authorize Acting Director of OED/CSA to siga appropriate application documents. . RHzIWI:j cc: Myron W. Mock, Read Start Coordinator ✓ clerk of the Board Erc. 01271 , ( i In the Board of Supervisors of Contra Costa County, State of California September 20 , 19U In the Matter of Request with respect to Outcome Evaluation Model for Social Services. The Board having received a memorandum from Mr. C. L. Van Marter, Director, Human Resources Agency, requesting that he be permitted to make available a Social Work Supervisor II on a half—time -basis to work with the State Department of Health and representatives from certain counties to systematically develop an outcome evaluation model for social services; IT IS BY THE BOARD ORDERED that the aforesaid request is APPROVED. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc• Director, Human Witness my hand and the Seal of the Board of Resources Agency Supervisors Social Service affixed this 20thday of September . 1977 County Administrator J. R. OLSSON, Clerk By Ai - c-G`1 t i . Deputy Clerk Helen C. Marshall 11-24 3/76 15m 01272 :t In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Bequest for Date for Filming Painting of Flag Poles. Pis. Fury .Ann Quinn, Owner—Manager, Aeria? Engineering, Los Gatos, California 95030, having on July 12, 1977 obtained Board permission to fila the painting of the flag poles in front of the County Court House; and Pis. Quinn having found it necessary to postpone the scheduled filming because of street construction in the area; Novi, THE ORE, IT IS ORDERED that Saturday, September 24, 1977 or any alternate date which is mutually agreeable, is approved for the filming. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c.c. Tis. Mary Ann Quinn Witness my hand and the Seal of the Board of Public .forks Director Supervisors County Administrator affixed this 20thday of Seutember 19 77 i ^c'�C� � J. R. OLSSON, Clerk By Aileen y'Ide . Deputy Clerk 0121,73 H-24 3/76 15m 'C - .,...: .�:r _ .. _ ti. 4•�n. E ' N ti.: -" ...._ !n the Board of Supervisors of Contra Costa - County, State of California September 20 , 19 77 In the Matter of Request with Respect to Building New Homes in Areas of Critical Fire Danger. The Board. on September 6, 1977 having referred to the Director of Planning a letter from the State Board of Forestry urging local governments to take action that would minimize or prevent the building of new homes in areas which present critical fire danger; and Mrs. I:iilliam Sattler, Secretary, "Save Mt. Diablo", in an August 12, 1977 letter having expressed concern because of the recent fire on Mt. Diablo and urged the Board to con- sider the State Department's proposal; IT IS BY THE BOARD ORDERED that the request of the "Save Mt. Diablo" group is also REFERRED to the Director of Planning. PASSED by the Board on September 20, 1977 I hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. c.c. Nrs. -viillianl Sattler Witness my hand and the Seal of the Board of P. 0. Box 25 Supervisors Concord, CA 94522 affixed this_2nthday of SQp-t-mnar 19 -7-7 Director of Plasrning County Administrator J. R. OISSON, Clerk ��' ' By � en �'1 •ar . Deputy Clerk. 01274 H-24 3/76 15m r In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Authorizing Legal Defense. IT IS BY TBE BOARD ORDERED that the County provide legal defense for the Contra Costa County Sheriff's Depart- ment in Superior Court Action No. 173115, Betty Ann Darrin, Plaintiff, reserving all of the rights of the County in accordance with provisions of California Government Code Sections 825 and 995. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c.c. Sherif f-Coroner Witness my hand and the Seal of the Board of County Counsel Supervisors County Admi n; strator affixed this.20thday of Setitenber 19 7 J ,• J. R. OLSSON, Clerk By Aileen Elder Deputy Clerk 012'75 H-24 3/76 15m 1 i In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Inquiry Regarding Provisions of County Sign Ordinances with Respect to Individual Flags. This Board-having received a September 12, 1977 letter from Ivir. Calvin G. Andre, 5 Everett Court, Danville, - California 94526, inquiring whether county sign ordinances permit business establishments to fly flags with their own logos underneath the ' flag of the United States; IT IS BY THE BOARD ORDERED that the aforesaid inquiry is REFERRED to the Director of Planning for response. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c.c. tiir.. C. G. Andre Witness my hand and the Seal of the Board of Director of Planning Supervisors County Administrator affixed this20thdoy of September 19 77 J. R. OLSSON, Clerk By Aii^��e� , Deputy Clerk 01z7-5" H -24 3/76 15m In the Board of Supervisors of - Contra Costa County, State of California September 20 19 In the Matter of _. Proposed reduction_ of speed limit on a portion of existing Blackhawk Road, Danville area. The Board having received a September 6, 1977 letter from Hr. Owen C. Schwaderer, President, Blackhawk Corporation, requesting a reduction in the posted speed limit from 35 miles per hour to 25 miles per hour on that certain 2500 foot section of the existing Blackhawk Road between the posted 20 miles per hour curve to where Blackhawk Road abuts the Blackhawk Corporation property; and Mr. Schwaderer having suggested that, as a long term solution, the previously approved Blackhawk Road bypass be conditioned concurrent with construction of the first improve- ments for Phase III of the Blackhawk development; IT IS BY THE BOARD ORDERED that the aforesaid request and suggestion are REFERBD to the Public Works . Director and Director of Planning for recommendation. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c.c. Mr. 0. C. Schwaderer Witness my hand and the Seal of the Board of P. 0. Box 807 Supervisors Danville, CA 94326 r affixed this 20thda f Public Works Direc to� Y o _.September_, i9 � Director of Planning County AdministratorJj �� J, R. OLSSON, Clerk By Aileen E der , Deputy Clerk 01277 H-24 3176 ISm In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Proposal that existing authorized position be assigned as a Child Abuse Coordinator function. _ The Board having received a September 9, 1977 letter from Ms. Elizabeth L. Schweiger, President, Child Abuse Prevention Council of Contra Costa County, Inc. , urging that an existing authorized position be assigned as a Child Abuse Coordinator function; IT IS ORDERED that the proposal is referred to the Director, Human Resources Agency, for response. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date-aforesaid. C.C. 4s. E. L. Schweiger Witness my hand and the Seal of the Board of Director, HRA Supervisors County Administrator affixed this 2otrday of_September , 19 77 J. R. OLSSON, Clerk By41El- a Deputy Clerk 012'78 11-24 3/76 15m i In the Board of Supervisors of Contra Costa County, State of California September 20 , 1977 In the Matter of Comments on 1976-1977 Grand Jury Final Report. The Board having received a September 8, 1977 memorandum from Dr. Floyd Marchus, County Superintendent of Schools, commenting on the recommendations of the 1976-1977 Contra Costa County Grand Jury as they pertain to the Office of the County Superintendent of Schools; IT IS BY THE BOARD ORDERED that receipt of said comments is ACUMMEDGED- IT IS FURTMR ORDERED that, pursuant to Section 933(c) of the California Penal Code, a copy of the aforesaid comments be forwarded to the Presiding Judge of the Superior Court who impaneled the 1976-1977 Grand Jury and that a copy be filed with the County Clerk. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c.c. Presiding Judge for Fiscal Witness my hand and the Seal of the Board of Year 1976-1977 Supervisors c/o Jury Commissioner affixed this 20thday of September , 19 77 County Clerk County Counsel County Administrator L� /� J. R. OLSSON, Clerk gy A� een ne , Deputy Clerk H-24 3/76 15m faCCTi-'�"�» �::}' '�w. _..s ar o.r,.�.. t�` a' °e�' ? a. `'= X �;-..•._ ..'.�. .... -.'�7."6: .....:.'x'r�T ,. .._ ., :<., $ v '.`71-,;� � _ .z�} �.��. Superintendent of Schools Contra Floyd Marchus Superintendent Santa Barbara Road Costa Robert Fifield Pleasant Hill,California 94523 County Richard Keefe (4 1 5)944.3388 Assoc.Superintendents } . y P F r• - RECEIVED September 8, 1977 S E P Y 1977 J. R. OLSSON CLERK BOARD OF SLIFERVISORS TO: County Board of Supervisors 11 7 7A CO. 8 ... .. ...T.........D-Pu ty FROM: Floyd f'larchus County Superintendent of Schools SUBJECT: Response to Grand Jury Final Report, 1976-77 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - This report has been developed in response to the Grand Jury's observations and recommendations pertaining to the Contra Costa County Superintendent of Schools Office as presented in the Contra Costa County Grand Jury Final Report, 1976-77. The first section of this report will address the three recommendations made by the Jury and the second section will respond to certain statements made on pages 3.29 and 3.30 of the Grand Jury Report. Response to the Grand Jury's Recommendations Recommendation I - Im6tmZe Uni6olun Accounting PnoceduAm In A.P,e Dizttict6 The goal of having a uniform accounting procedure for all school districts in Contra Costa County is highly desirable and additional effort must be given to accomplish this goal . A certain degree of uniform accounting procedures occurs as a result of State Department of Education reporting requirements, using the State Accounting Manual as a guide. A common data base would, however, further enhance uniform information exchange. There is at present a countywide school payroll program (developed with county funds) which processes payroll information from all districts. However, county funds have not been made available to develop a countywide school accounting system. To expect districts to work out a common data base on a volunteer basis may be somewhat unrealistic. When districts use their own funds, they tend to develop data bases that satisfy their own unique requirements rather than develop procedures and data bases common to all districts. If the Board of Supervisors were to make funds available for an accounting and budgeting program as has been done recently for other county agencies, then the County Superintendent of Schools would have an important incentive for school districts to cooperate in the development of the requested common accounting system. Microfilmed with 6oar8 Qr� ,. ,�, 01280 �4 � r, .ate$,�x x �•"6�•sf �rM ale �ayvlw- _.•-_,: .. .. __._. — 7 County Board of Supervisors -2- September 8, 1977 A recent shift of data entry clerks from Martinez to the County Superin- tendent of Schools Office further provides the capability•for immediate updating of accounting information at such time that a uniform accounting system is developed and operational. Recommendation II - Fndeavon To A zigrt Pnojectb To Locat Schoot Dist i.ct6, WheAeveA Pozz bte Recognizing that the schools must always be responsive to local needs, the State has established autonomous school district governing boards to maintain educational programs that follow State guidelines and, at the same time, meet the special needs of their students. Within this framework, the County Superintendent of Schools Office operates as an intermediate unit that employs several criteria in determining which projects, programs, and services should be carried out by the County Superintendent of Schools Office: 1. Legislative mandate. This office is required by law to carry out certain functions. 2. Cost-effectiveness. Certain programs or activities would be need- lessly duplicated in each of the districts, thereby increasing the total costs. Examples of this would include film and professional book libraries. 3. Projects and programs meeting regional needs. The Regional Occupational and CETA-sponsored Neighborhood Youth Corps programs are examples of projects that address needs traversing district boundaries, and assure an equitable allocation of services to all students within a region. 4. Federal and State project restrictions. Frequently funding agencies require that the scope of projects be multi-district or regional in nature. In these cases the County Schools Office is the only logical or legal agency to administer these projects. Examples of this include the Comprehensive Special Education Plan, which provides services to 16 of the 18 districts in the county. It is the policy of the Contra Costa County Superintendent of Schools Office to encourage districts to provide those services for themselves that can be administered on an equally cost effective basis. Over the past few years, our office has assisted districts in assuming responsibility for their own food services programs (for Diablo Valley College), vision screening programs, and school library programs--services previously provided by this office. The districts' assumption of such programs, however, can be accomplished only when our office is assured that necessary services to children are not jeopardized. Recommendation III - Jurti.5y aZt R%ognama By .the Teat, 1115 It weAe Not Now In Fxiatence, wou.Ld A Detcuabzed F'6o�zt Be Made To Pnov.i_de It" It would be difficult to justify programs on this basis without actually terminating them to assess the resultant consequences. Our office, however, does make periodic surveys of district needs. We also determine those needs that are not being met by services that could appropriately be provided by this office. Many programs are initiated or terminated on the basis of these assessments. 01281 v � County Board of Education -3- September 8, 1977 Response to Report (Page 3.29) Clarification is possibly needed regarding Federally financed programs administered by this office. Of the $2,000,000 in Federal funds received, approximately $1,652,000 or 80% are CETA, compensatory education, and Federal lunch program funds. Of the remaining 20%, $39,500 are for support of ongoing services and $384,576 for special projects. It is assumed that it is this last category of funds (special projects) for which the Grand Jury suggests the possibility of cost savings by assigning projects to local school• districts_ It is our belief that the nature of these projects administered by this office makes them particularly suited to centralized administration since they are multi-district in scope and in most cases supplement other services provided to districts. In regard to the apparent dual processing of vouchers, there is always concern about the possibility of an unnecessary duplication of effort. This question occurs when functions normally assigned to the County Treasurer and the County Auditor are also assigned to the County Superintendent of Schools. The main role of the County Treasurer is to receive, invest, and disburse funds under proper authorization. The County Auditor has the main role of performing the accounting functions for the many county governmental agencies. The Superintendent has the main role of directly providing educational programs and of assisting school personnel in performing the many functions necessary to the operation of a school district. There seems to be no major problem between the role of the County Treasurer and the County Superintendent in working with school districts. However, there tends to be some confusion between the County Auditor and the County Superintendent in their responsibilities to school districts. Because school districts must operate within the complex California Education Code provisions in addition to other laws, the County Superintendent's officers who are knowledgeable about the California Education Code as well as school program requirements were chosen to assist school district staffs in developing budgets and accounting for expenditures. Therefore, the County Superintendent has been given the prime responsibility for ascertaining the legality of the expenditures, while the County Auditor must check to see if there are fund balances to pay the claims. The County Superintendent's procedure is to process all vouchers within a 24-hour period. One way of minimizing this apparent duplication of effort and to improve the turn-around time is to assign a Deupty County Auditor to work in the County Superintendent of Schools Office, thereby keeping within this 24-hour period. FPI:l s cc: Arthur G. Will County Administrator 01282' r .a m r i In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Receipt of Rules of Procedure of the Human Services Advisory Commission. The Board having received a September 14, 1977 memorandum from Nor. C. Z. Van Harter, Secretary of the Human Services Advisory Commission, transmitting a copy of the Commission's Rules of Procedure adopted on September 12, 1977;. IT IS BY THE BOARD ORDERED that receipt of the Rules is ACKNOWLEDGED. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c.c. Mr. C. L. Van Harter Witness my hand and the Seal of the Board of County Administrator Supervisors affixed this 20thday of September 19 77 �� y J. R. OLSSON, Clerk By Aileen �,ie``er , Deputy Clerk 01283 23 H-24 3/76 15m I +'!4>,�,.-3;.,.. FF ...- -� enc Health-Medical-Social Services uman Resources Agency y Contra C. L.Van Marter Director 651 Pine Street WJIa (415)372-2602 Martinez,CaWornia 94553 (415)372-2501 County RECEIVED C SEP/ 1977 J. R. OLSSON CLERKBOARD OF SUPERVISORS HUMAN SERVICES ADVISORY COMMISSION B - << N'V s o. Deputy Rules of Procedure 1 . Roberts Rules of Order shall be followed, unless other rules are adopted. 2. A quorum is four members of the Commission. 3. All meetings of the Commission and any subcommittees shall be open to the public. 4. The time and place of regular meetings of the Commission will be: First Thursday of each month, 9:00 AM, Board of Supervisors Chambers, County Administration Building, Martinez. Third Wednesday of each month, 7:30 PM, Conference Room, 2nd Floor, George Gordon Center, Martinez. 5. Meetings at other times and places will be held as necessary and will be announced in advance. 6. The officers of the Commission shall be Chairperson and Vice Chairperson. They shall be elected annually by the Cormission. Officers may be re-elected. 7. At each meeting, following the rollcall , the proposed agenda will be considered, modified if necessary, and adopted. 8. Members of the public who request to do so may address the Commission on any item on the agenda as time permits and at the discretion of the Chair. Written statements may be presented in advance. At each meeting, there also will be time on the agenda for comment by members of the public. 9. A rollcall vote shall be taken and recorded on all motions relating to substantive policy issues as determined by the Chair or requested by a Co:rmission member. 10. The Chairperson shall be the official spokesperson for the Comi�nission. This authority may be delegated to a member of the Commission by majority vote of the Coirmission. All official statements to the press snail be given to the County Information Officer for distribution to the press. ftcrofilmed wiifi board order 01281 • 11 . The Commission may establish subcommittees as needed to carry on its work. The Chairperson shall appoint the members of the subcommittees. 12. If maters are brought to the Commission from any source other than the Board of Supervisors, they shall be reviewed to determine whether they are consistent with the work plan adopted by the Commission. If there is a question as to the consistency of any matter with the work plan, it shall be .referred to the Board of Supervisors for determination as to whether the Board wishes the Commission to consider the matter. The Commission may make recommendation to the Board as to whether or not it believes the matter should be considered by the Commission. In general , any matter which has policy implications for the planning, delivery, or evaluation of human services should be referred to the Commission. 13. Quarterly progress reports, to include reports of attendance, will be made to the Board of Supervisors. Microfilmed with board order 0128 nxv t In the Board of Supervisors of Contra Costa County, State of California .1'PjatPmhPr ?n . 19 77-- In the Matter of Petition for construction of Bicycle Path. The Board having received a petition bearing approximately 46 signatures requesting construction of a bicycle path from the intersection of Highway 4 and Solano Avenue to the Ilion Oil Company Avon Refinery thence west along Waterfront Road to the Martinez Marina; IT IS BY THE BOARD ORDERED that the aforesaid petition is REFERRED to the Public Works Director. Passed by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. C.C. MrT76VLfi JeEourt Witness my hand and the Seal of the Board of Concord, CA 94521 Supervisors Public v-orks Director affixed this2Othday of September 19 �� Q . OLSSON, Clerk Bye ei a Deputy Clerk H-24 3/76 15m 0128-D i r. In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Proposed study regarding issuance of building permits in the Sar_ Ramon Valley. The Board having received a September 4, 1977 letter from the President of the Board of Directors of the San Ramon Homeowners Association, requesting the Board to initiate a study of the feasibility of requiring that building permits for home construction be issued ata rate consistent with the rate at which the San Ramon. Valley community can provide services necessary to accomodate growth; IT IS BY THE BOARD ORDERED that the aforesaid rec_uest is REFERRED to the Director of Planning for report. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c.c. E. M. Laczynski, President Witness my hand and the Seal of the Board of San Ranson Homeowners Ass�"Pervisors F. 0. Bol 54 affixed this 20thday of September , 19 77 San Ramon., CA 04583 Director of Planning County Administrator � �hf J. R. OLSSON, Clerk Byge �ier , Deputy Clerk 01` 8.1 H-24 3(76 15m In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Acceptance of Grant of Easement and Right of Entry and Approval of Indemnification, San Pablo Avenue Deficiency Corrections Project 0971B-4395-661-77 IT IS BY THE BOARD ORDERED that the Grant of Easement and Ri.ght of Entry, both dated August 1 , 1977, from Allan H. Liebert', et al are ACCEPTED and a letter of indemnification to Allan H. Liebert , et al , is APPROVED. - IT IS FURTHER ORDERED that the Public Works Director is AUTHORIZED to execute the Right of Entry and letter of indemnification on behalf of the County. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Originator: Public Works Department Witness my hand and the Seal of the Board of Real Property Division Supervisors affixed this20thday of September . 19 ZL cc: Public Works Department Road Design County Counsel J. R. OLSSON, Clerk By �• �OZL, . Deputy Clerk N. Pous L��C7J H-24 3/76 15m ..'u b i i c.Works Depart , it Contra R.D.Broatch Deputy-Business 21 5 and Services Costa (415)372 Kermit s;h Floor,Administration Building J Q - Mark L.Kermit t�+rtinez,California 94553Deputy Transportation 415)372-2102 County.- (415)372-2102 R.M.Rygh Vernon L.Cline Deputy-Buildings and Grounds Room 115,Courthouse Public works Director (415)372-2214 J.E.Taylor J.Michael Welford E'Vi Deputy-Operations } &Flood Control Chief Deputy 255 Glacier Drive (415)372.4470 September 20, 1977 R/P - San Pablo Avenue Deficiency Corrections Project n0971B-4395-661-77 Tara Hills Mobile Manor Mr. Alan H. Liebert, Esq. Suite 200, Westwood Professional Bldg. 1033 Gayle_v Avenue Los Angeles, CA 90024 Dear Mr. Liebert: Receipt is acknowledged of your letter dated August 2, 1977,- along with the Grant of Easement and Right of Entry necessary for the construction of frontage improvements and'use of that portion of your land described in the two documents. The following paragraph contains the indemnification you have requested as a condition of our use of the property covered by the two documents. Contra Costa County, hereinafter called "County", shall assume the defense of and Indernnify and save harmless Charles Goldman, Freda Goldman, Samuel Goldman, Sylvia Goldman, and Allan H. Liebert and their neil-s and assigns, hereinafter called "Owners", from every expense, .liability or payment by reason of injury (including death) to persons or damage to property suffered through any act or omission, including passive negligence or acts of negligence, or both, of the County, its erlNloyees, agents, contractors, subcontractors, or anyone directly or indirectly Employed by any of them from the work called for by the subject project. This provision shall not be deemed to require the County to indeiiinify the Owners against liability for damages arising from the sole negligence or willful misconduct of the Owners or their agents, servants, or independent contractors who ar directly responsible to the Owners. RECOf`:01DEU FOR APPROVAL CONTR" COSTA COUNTY By --�c i.f- By Reai Pr tv ASCnt u is Works u7re i By pr 171c7pa Rea Prupzrty Agent APPROVED AS TO FORM Jnhn B. Clausen, County Counsel Deputy /� 012.89 1 In the Board of Supervisors of Contra Costa County, State of California Seytember 20 , 19 77 In the Matter of - Vacant Positions on the Citizens Advisory Committee for County Service Area M-16. Supervisor W. N. Boggess having advised that Mr. L. J. Bertinoia and Mr. Ray Hatcher no longer reside within the bounda- ries of County Service Area M-16 and, therefore, recommended that their membership positions on the Citizens Advisory Committee be declared vacant; and IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Boggess is APPROVED. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. CC: Citizens Advisory Cte. Witness my hand and the Seal of the Board of Countv Service'Area M-16Supervisors Public fJorks Director affixed this 2 Luray ofSeptember . 19 7L County Administrator Public Information Officer OLSSON, Clerk _ � n Deputy Clerk --,,/Ronda Amdahl H •24 3/7615m � ...,-,.y .,t-a'C,.a..,,'r'a-K'?.:.i.y...:r:v S r.'.��'.`a" .�i'$,�.;.:,. ."5a�:t.4-• .--. ..a..rb o..t�..�ar . _ ... .. ...a's.._.r .. .,�f,.a..�_ 0 ... *,,...,.,c. .N'"�A "! In the Board of Supervisors of Contra Costa County, State of California September 20 , 1977 In the Matter of Designating Board Representative to meet with State Office on Aging. Supervisor W. N. Boggess having advised the Board that he had received a September 19, 1977 memorandum from Mr. C. L. Van Marter, Director, Human Resources Agency, concerning an August 24, 1977 letter from Mr. Jack Shaw, Manager, Northern Regional Office of the State Office on Aging, advising that the State would be doing an assessment of the County Area Agency on Aging on September 27 — 28, 1977, and requesting an opportunity for the State team to interview one member of the Board of Super- visors in relation to programs for the aging in Ccntra Costa County; IT IS BY THE BOARD ORDERED that Supervisor N. C. Fanden is so DESIGNATED as said representative . PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the data aforesaid. cc: Supervisor N. C. Fanden Witness my hand and the Seal of the Board of Director, Hunan Supervisors Resources Agency affixed this 20thday of September 19 77 Social Service ' County Administrator • ,, , J. R. OLSSON, Clerk By ��i r-t c v'i, ! Ill t �Lw:;�` Deputy Clerk Helen C. Marshall 01191 H-24 3/76 15m In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Making a Determination of Utility Easement Rights For Various Subdivisions IT IS BY THE BOARD ORDERED that a determination is made that the division and development of the properties in the manner set forth on the parcel maps for the following subdivisions will not unreasonably interfere with the free and complete exercise of the public utility rights of way or easements: SUBDIVISION AREA 014NER MS 113-75 Oakley Gregory B. Cherezian, etal c/o Raymond Vail & Associates 101 Railroad Avenue Antioch, CA 94509 MS 52-77 Danville Clovey LaCroix, etal 499 Harper Lane Danville, CA 94526 MS 183-76 Alamo James Paul Manning, etal 1620 Litina Drive Alamo, CA 94507 MS 10-77 Byron William Bell Rt. 1, Box 61E Byron, CA 94514 PASSED BY THE BOARD on September 20, 1977 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors Originating Department: affixed this20th day of September lg 77 Public Works Land Development Division J. R. OLSSON, Clerk cc: Public Works - LD By � j:7 Deputy Clerk (above owner list) N.Fous 01 292 H-24 3/76 15m In the Board of Supervisors of Contra Costa County, State of California September 20, . 19 77 In the Matter of Authorizing Acceptance of Instrument IT IS BY THE BOARD ORDERED that the following instrument are accepted: Instrument Date Grantor Reference Individual Grant Deed 8/2/77 Eugene R Boswell, etal SUB PIS 179-76 P-- C12 r\ rn a w cn N 'Y L 0 3 U_ 7 a. m R 0 U d 0 PASSED BY THE BOARD on September 20, 1977 I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this )Uloay of cam.,.�,.�B.,r 19 J. R. OLSSON, Clerk By Deputy Clerk Originating Department: Public Works OUS Land Development Division cc: Recorder (via P.W.) Public Works Director 01293 Director of Planning if-24 3j76 15111 4 r In the Board of Supervisors of Contra Costa County, State of California September 20, , 1977 In the Matter of Authorizing Acceptance of Instrument for Recording Only IT IS BY THE BOARD ORDERED that the following offer of dedication are accepted for recording only: Instrument Date Grantor Reference Offer of Dedication for Roadway Purposes 8/31/77 Jerry Carter, etal D.P. 3005-77 r� rn PASSED BY THE BOARD on September 20, 1977 N Y i O 3 U_ .fl 7 a a) 'a L 0 U U a: O r I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Originating Department: Public Works Supervisors Land Develop-affixed this 20thday of-September 19 77 ment Division cc: Recorder (via P.W.) '�j p J. R. OLSSON, Clerk Public Works Director By. , Deputy Clerk Director of Planning N.POUS 41" H-24 3/7() 15m t In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 ZZ._ In the Matter of Appointments to the Orinda Area $lanning Commission. The Board on July 19, 1,077 having adopted Ordinance No. 77-62 establishing the Orinda Area Planning Commission; and Supervisor R. I. Schroder having recommended that Planning Commissioner Donald Anderson, 1896 School Street, Moraga, and the following six area residents be appointed to said commission for two-year terms beginning October 1, 1977: Mr. R. C. Grassi, 68 Loma Vista Drive, Orinda, Mx. Joseph M. Harb, 135 Amber Valley Drive, Orinda, Ms. Joyce Hawkins, 43 Tappan Lane, Orinda, Ms. Linda R. Knebel, 5 Tarabrook Drive, Orinda, Mr. James R. Lucas, 341 Camino Sobrante, Orinda, and Mr. Robert L. Mills, 79 California Avenue, Orinda IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Schroder is APPROVED. PASSED by the Board on September 20, 1977. hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Appointees Witness my hand and the Seal of the Board of Director of Planning Supervisors County Counsel affixed this20thday ofsggt-Pmbp . 19 JZ County Administrator Public Information Officer J R. OLSSON, Clerk By ► 41. -,-'C� D Deputy Clerk Ronda Amdahl H-24 3/76 15m In the Board of Supervisors of Contra Costa County, State 'of California September 20 , 19 _ In the Matter of Appointment to the Contra Costa County Planning Commission. The Board having heretofore fixed this time for selection of an at-large member for the Contra Costa County Planning Commission; and Supervisor J. P. Kenny having recommended that Mr. Albert R. Compaglia be reappointed as commissioner of the Contra Costa County Planning Commission for a four-year term ending August 31, 1981; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Kenny is APPROVED. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc• Mr. A. R. Compaglia Witness my hand and the Seal of the Board of Director of Planning Supervisors County Auditor-Controller affixed thipoi-b day of SAntAmt,Pr 19 73 County Administrator Public Information Officer �LSSON. Clerk By Deputy Clerk Ronda Amdahl 01295 H-24 3/76 15m In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Contract f26-007-3 with Philip Peltzman for Audiology Services at the George Miller, Jr. Memorial Center East during FY 1977-78 IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract #26-007-3 with Philip Peltzman, Ph.D., professional audiology consultant, to provide audiology consultation and Clinical evaluation services at the George Miller, Jr. Memorial Center,East, from July 1, 1977 through June 30, 1978, with a contract payment limit of $4,000 and under terms and conditions as more particularly set forth in said contract. PASSED BY THE BOARD on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Human Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unic Supervisors cc: County Administrator County Auditor/Controlleroffixed this 20t',Iday of September 19 77 County Medical Director County ?Mental Health Director � J. R. OLSSON, Clerk Contractor Deputy Clerk i•iEHne M. _•:eU-1' d 0120.1 H-2.13176 I5m Con-ra Costa County Standard Form I STM4DARD CONTRACT (Purchase of Services) 1. Contract Identification. Number 40 0 6 — 0 0 7 Department: Medical Services/Mental Health Subject: Purchase of Clinical and consultative audiology services for George Miller, Jr. Center East 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: PHILIP PELTZ,LAN, Ph.D. Capacity: Self-employed individual Address: Mt. Diablo Hospital, Hemodialysis Unit, 2540 East Street, Concord, CA 3. Term. The effective date of this Contract is July 1, 1977 and it terminates June 30, 1978 unless sooner terminated as provided herein. 4. Pa%-ment Limit. County's total payments to Contractor under this Contract shall not exceed S 4,000 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that wort: described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: "Contra Costa County Mental Health (Short/Doyle) Plan for FY 77-78 and any modifications or revisions thereof." n. Legal Authority. This Contract is entered into under and subject to the following legal authorities: California Government Code 31000. 10. Signatures. These signatures attest the parties' agreement hereto: COU ' 0= CONUA COSTA, CALIFORNIA CONTRACTOR r �� / N. Boggess y j Z _ ./ Ey Chairman; Board 61 Ss s 0i(Desi to offici 1 cap city in business Attest: J. R. Olsson, County Clerk and affix corporation seal) State of California ) • ss. County of Contra Costa ) Deputy ACKNOWLEDGEMENT (CC 1190.1) The person signing above for Contractor Recommended by Department known to me in those individual and business capacities, personally appeared before me today and acknowledged that he/ E;y they signed it and that the corporation Designee or partnership named above executed the within instrum ' t pursuant to its bylaws or a resoluti of its board of dir, tors. Forrt-Approved: County Course ) Z77 Da d: Q Deputy 1).l.v EEN C FLl NN otarytPublic/Deputyi�County_ Clerk TOLD T',"" Of _ \` `��' Yea:.G:.i.t. t,�f• :? .ry Microfilmed with board order CONT,ZA'CO.AA .:DJI;TY ( L-4617 REV 6/76) Nly Cc*im:SSI:^ Expires Tari! 22, 1510 Contra Costa Countv Standard Form PAYENT PROVISIONS (Fee Basis Contracts) Number 26 — 007 — 1. Pati-ment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee: [Check one alternative only.] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] c. $ after completion of all obligations and conditions herein and as full compensation for all services, work, and expenses provided or incurred by Contractor hereunder. [XI d. $ 63 per one unit of clinical evaluation, as defined in the Service Plan, and $ 70 per one unit of consultation as defined in the Service Plan. 2. Payment Demands. Contractor shall submit written demands monthly or as specified in 1. (Payment Amounts) above, for payment in accordance with Paragraph 1. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 4. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State, or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. 01119 (A-4619 REV 6/76) �.a w it M1 e • SERVICE PLAN 06 - 007 - 3 Number The Contractor acknowledges that he is a qualified professional audiologist and shall provide audiological services for County-referred children as required by George Uiller, Jr. Center East at times and places specified by the Director of :ental Health Services or his designee. Contractor's audiological services shall consist of the following separate services: 1. Clinical evaluation of hearing which shall include, but not be limited to: a. Diagnostic audiology test b. Acoustic impedance audiometry test c. Clinical interpretation of a child's diagnosis d. Special testing and brain wave analysis of infants and children to determine possible learning disorders. 2. Consultation, which shall include, but not be limited to: a. Consultation with Center staff regarding auditory perception problems. b. Consultation with parents regarding diagnostic findings and recommended follow through. One unit of clinical evaluation, for payment purposes, shall be defined as the provision of one clinical evaluation for one child. One unit of consultation, for payment purposes, shall be defined as the provision of one consultation for one child. Ir_ no event shall the maximum number of clinical evaluations and/or consultations to be performed under this Contract exceed $4,000 during the effective dates of this Contract. Final accounting, at the Contract's expiration, shall not exceed the Payment Limit of the Contract ($4,000). SPECIAL CONDITIONS Paragraph 19, Insurance, of the General Conditions is hereby deleted. Initials:' V Contractor County Dept. r 1ON '. - -. Yeo..'.. '4 '•l-�.:.h'1... . .... .�.:w�.� _..: .... .i 1i-�..-r...... .. r.iil1M`�tt�.�.. .. .Jv:*�.t;!Y � s,. r�»x-wt�?4 S-�:' -5.... .x.4 ,:- .:;"....7.....,..'�,E`. ';.- r .,.x Y_ ..'S•x. ,_. ... .` .>t-'.s.Z.%"..r>;-s..s n.. ..^_,. ...e ..,h. .. _. . „�.� J - Y K Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Contract for three years from the date of submission of Contractor's final payment demand or final Cost Report (whichever is later) under this Contract, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Contract or for such further period as may be required by law. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to,monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, rafter Board approval , by .its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 01301 (A-4616 REV 6/76) -1- Contra Costa County Standard Form GENERAL CONDITIONS ' (Purchase of Services) 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a: This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. 0 b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Contractor agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi— dentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. 01302 (A-4616 REV 076' -2- :I Contra Costa County Standard Form • GENERAL CONDITIONS (Purchase of Services) 18. Idemnification. The Contractor shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or otherwise, of the Contractor, its agents or employees, 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned auto- mobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of this Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made, c/o Contracts & Grants Unit, Human Resources Agency, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 01303 (A-4616 REV 6/76) -3- { r_ 1 In the Board of Supervisors of Contra Costa County, State of California September 20 , 1977 In the Matter of _ Membership Categories on the Manpower Advisory Council. The Board having received a September 14, 1977 letter from Mr. C. L. Van Marter, Director, Human Resources Agency, recommending that certain membership categories on the Manpower Advisory Council be referred to the Internal Operations Committee (Supervisors E. H. Hasseltine and N. C. Fanden) for review prior to appointment action by the Board; IT IS BY THE BOARD ORDERED that the recommendation of the Director, Human Resources Agency, is APPROVED. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. CC : Committee Members Witness my hand and the Seal of the Board of Director, Human Resources Supervisors Agency -affixed this 20thday of_ September , 19 County Administrator Public Information Officer .--- �.�LSSON, Clerk Y Pty B De u Clerk <� rr Ronda Amdahl 3 H 24 3/76 15m t t 01304 t t`� , .r.. 71 human Resources Agency P�ledical Social Service j Contra C.C. LL.. Medical Manpower Project 'Costa Director 2401 D Stanwell Dr., No. 440 Concord, California 94520 County (415) 671-4239 Judy Ann Miller Director September 14, 1977 RECEIVED Warren N. Boggess, Chairman P 14 11977 Contra Costa County J. R. a.SSON Board of Supervisors CwRi: BOARD OF SUPERVISORS 651 Pine Street B coni COSTA CO. Martinez, CA 94553 Dear Mr. Boggess: With the end of this current program year, terms of the following ten (10) membership categories on the Manpower Advisory Council will expire on September 30, 1977: --Two Community Organizations (Carquinez Coalition and Citizens for Jobs) --Two Cities (the City of Concord and the City of San Pablo) ---Two Education and Training Institutions (fit. Diablo Unified School District and the Superintendent of Schools) --0ne Business Organization (U.S. Steel) --Ttao Client Community Representatives (Lula Washington and ,Agustin Ramirez) -One Union Representative (Central Labor Council) A recent survey of these agencies and individuals has revealed the following information in terms of action that will be required to fill these expiring terms. CO'Lk UNITY ORGANIZATIONS Citizens for Jobs has expressed its desire to continue representation on the Council. Pending approval by his organization, Mr. Bill Smith would like to be reappointed. Mr. Sebe Hill represented the Carquinez Coalition this program year and has indicated his wish to represent the Rodeo-Crockett Area Council for another term as he is no longer affiliated with the Carquinez Coalition. The Rodeo- Crockett Area Council has not been approved for representation to the Council by the Board of Supervisors. To appoint them would mean to drop Carquinez Coalition. 01305 tvvc;o;i1.ml-d with board ordor T �� . •�� - r Warren N. Boggess September 14, 1977 ` Page TETO CITIES The City of Concord would like continued representation on the MAC and Mr.. Merle Hauser, its representative, is agreeable to a reappointment. The City of San Pablo is withdrawing its membership on the Council. EDUCATION AND TRAINING INSTITUTIONS The Mt_ Diablo 'Unified School District and the 'Superintendent'of *Schools wishes to continue its representation on the Council. BUSINESS Mr. Duane Davis of U.S. Steel does not wish to be reappointed for another term_ This develops two vacancies under the Business category as the vacancy declared in December 1976 with the resignation of Montgomery Wards has not been filled. CLIENT COMMUNITY REPRESENTATIVES Ms. Lula Washington and Mr. Agustin Ramirez have both expressed a desire to be reappointed for another term as client community representatives. UNION REPRESENTATIVE The Central Labor Council represented by Mr. H. H. Bud Harr has indicated a desire to continue membership on the Council. In light of the need of continuity in the Manpower Advisory Council for an effective CETA Program, I would like to recommend that the Board take this matter under advisement with referral to its Internal Operations Committee for review of those membership categories to determine continuation of the organization. Upon that determination, appropriate appointment or reappointment process can ensue. Your prompt attention to this matter will be greatly appreciated. Very truly yours, C. L. Van Marter, Director Human Resources Agency JAI::gro 01305 1 *0 In the Board of Supervisors of Contra Costa County, State of California September 2Q , 19 77 In the Matter of Authorizing Chairman to execute Service Contract with United Council of' Spanish= Speaking Organizations, Inc. in the amount of $300 for the purpose of translating materials for the County Head Start Program. IT IS BY THE BOARD ORDERED that the Chairman is AUTHORIZED to execute a Service Contract with the United Council of Spanish Speaking Organizations, Inc. in the amount of $300 for the purpose of translating materials for the County Head Start Program. PASSED BY THE BOARD ON September 20, 1977 I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Orig. Dept: OEO Supervisors cc: County Administrator affixed this20th day ofSeptember 19 Contractor, ya 6F40 Head Start c/o OEO J. R. OLSSON, Clerk ^fry B — '� - Deputy Clerk -0 Maxine M. I euf a 0130'7 H-24 3/76 15m SHDR1 FOFr S�-€V-LC: COINTRACT ! 1. Contract Identification. >- I% rr::ber -210 Department: OEO (Head Start) Subject: Spanish Translation of Materials for Head Start Program 2. Parties. The County of Contra Costa, California (County) ,. for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: United Council of Spanish Speaking Organizations Capacity: California -Yon Profit Corporation Address: 516 ruin Street, Martinez, California 3. Term. The effective date of this Contract is September 20_1977 and it terminates September 23. 1977 unless sooner terminated as provided herein. 4. Termination. This Contract may be terminated by the County, at its sole discretion, upon five-day advance written notice thereof to the Contractor, or cancelled immediately by written mutual consent. 5. Payrient Limit. County's total payments to Contractor under this Contract shall not exceed � 300.00 6. County's Obligations. In consideration of Contractor's provision of services as described below, and subject to the payment limit expressed herein, County shall pay Contractor, upon sutmrission of a properly documented demand for payment in the manner and form prescribed by County (Demand Form D-15) and upon approval of such demand by the head of the County Department for which this Contract is made or his designee, . according to the following fee schedule: ( ) hour; or FEE RATE: $ 100.00 per service unit: ( ) session, as defined below; or (x) calendar day (.,ngEE� day, week or NOT TO EXCEED total of 3 service unit(s). 7. Contractor's Obligations. Contractor shall provide the following described services: Translation of the following fozns from English to Spanish for the County Head Start Program: (a) .Individual Pre-Assessment Form 1 (b) 3ooklet entitled "Home Activities for the Pre-School Child" (c) Developmental History Form 8. Indeoendent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture,-or association. 9. Indemnification. The Contractor shall defend, save harmless and inde:mv.fy the County and its officers, agents and employees from all liabilities and claims for damages for death, sicla-.ess or injury to persons or property, including Without limitation, all consequential damages, from any cause uhatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or oth_ert%ise, of the Contractor, its agents or employees, the County, its agents or employees, or any other person or entity. 10. Leel Authoritv. Thi s Contract is entered into under and subject to the following legal authorities: California Government Code Sections 26227 and 31000. 11. irnatureslThese signures attest the parties' agreement hereto: /OOUNITY,07 COSTA, CAL'IFO ,4IA COdTRACTOR t� By /�i Till_ N�3ogess By Designee Recc.:Lrcnded by Department _xecuts�ye nirector (Designate official capacity) L _ Form Approved By John B. Clausen, County Counsel Designee 01308 (10/76) Miaof4mcd with board order By �� ,. ... swam t In the Board of Supervisors of Contra Costa County, State of California September 20 _219 77 In the Matter of Contract with Contra Costa County Employees Retirement Association IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute an agreement with the Contra Costa County Retirement Association for the purpose of indemnifying and holding harmless said Association from public liability arising from ownership of buildings leased to the County, effective September 21, 1977 until termination of agreements. Passed by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig• Administrator Witness my hand and the Seal of the Board of Supervisors cc: Retirement Association affixed this2Oth day of SezateabPr•" 19_x,,, Auditor-Controller Public Works Director Retirement Administrator J. R. OLSSCIN, Clerk BAL� ,/,_„ Deputy Clerk .Yir_eIji. Neufe. d 01309 H-24 4177 15m AGREEMENT SEP z 11977 1. Parties and Date. Effective on 1977, the County of Contra Costa (County) and the Contra Costa County Emploitees Retirement Association (Association) mutually agree and promise as follows . 2. Purpose & Consideration. This Agreement amends and further effectuates all the outstanding executory agreements between these parties (denominated variously "Lease-Purchase Agreement", "Lease with Options to Purchase", or "Deed & Lease with -Options to Purchase", etc. ) by which the Association lets the County use real property owned by the Association and which require the County to maintain insurance covering the Association against liability for personal and property injuries . The County states it cannot any longer obtain such insurance at satisfactory prices, and the Association now allows the County to substitute therefor its promise in Section 3. 3. Indemnification. The County shall defend, save harmless and indemnify the Association and its officers, employees and agents from all claims and liabilities for damages for death, sickness or injury to person(s) or property(s) , including without limitation, all consequential damages, from any cause whatsoever, arising from or connected with the ownership, operations, and/or services of the County, Association and/or any public or private person's) or entity(s) associated with or claimed to be associated with or holding from the County and/or Association. 4. Ass3ciation'S Self-Help Option. If, at any time and in its sole discretion, the Association is not completely satisfied with the County's action(s) or inaction(s ) in connection with fulfilling its duties under Section 3, the Association may for itself undertake any or all such action(s) as it solely decides is desirable to protect itself and its officers, employees and agents, including without limitation obtaining legal counsel, insurance, etc. ; and the County shall promptly pay the Association the cost of such action and services, etc. , which the Association incurs after notifying County. 5. Severability. If any part of this Agreement is held invalid by a court of competent jurisdiction, the other parts shall remain in force, except that the Association may choose to enforce its rights to insurance coverage (including its remedies for. the absence thereof) under any or all of the earlier agr ments which this agreement amends . OiJ Niv+, 6cCgcysASSOOIATION, By Ctr,alrman, Board of Supe v�yors Chairman, Retirement Board _ ATTEST: J. R. Olsson, Clerk Dep . gec�ryreta Form Drafted by County Counsel's Office t 01310 GWM:g Microfiiried with board order . , In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Authorizing travel out of California On the recommendation of the County Administrator, IT IS BY THE BOARD ORDERED that Arthur W. Walenta, Jr. , Assistant County Counsel, is AUTHORIZED to travel to Washington, D.C. from September 30, 1977 to October 6, 1977, to argue Richmond Unified School District v. Berg in the United States Supreme Court. Expenses incurred to be paid by the Richmond Unified School District. Passed by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board or Orig: County Counsel Supervisors cc- Richmond Unified affixed this 20th day of_ September 1977 School District County Administrator J. R. OLSSON, Clerk By Z' / Deputy Clerk Iy. nine 1--1 1,, u 1 H-24 4/77 15m 01311 { In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of TRAVEL AUTHORIZATION IT IS BY THE BOARD ORDERED that Kenneth D. Chrisman, Senior Auditor Appraiser, Office of the County Assessor is AUTHORIZED to travel to various locations in the States of Massachusetts and New York during the period of September 25, 1977 through October 14, 1977 for the purpose of conducting audits. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Assessor Supervisors Auditor affixed this20thday of September 19 77 Administrator f/ OLSSON, Clerk ey Deputy Cleric ` IrIax a I�. i•:euf e d H -24 3/76 15m 01312 d Ix- t In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 -zZ In the Matter of TRAVEL AUTHORIZATION IT IS BY THE BOARD ORDERED that James D. Petersen, Senior Auditor Appraiser, Office of the County Assessor is AUTHORIZED to travel to Cleveland, Ohio during the period of October 2, 1977 through October 22, 1977- for the purpose of conducting audits . PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Assessor Supervisors Auditor affixed thio= day of_Sept-PmbPr 19 77 Administrator J. R. OLSSON, Clerk �q /' � Deputy Clerk I ine I:. Neufeld H-24 3/76 15m 01313 In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Travel Authorization IT IS BY THE BOARD ORDERED that Jack H. Shaffer, Supervising Auditor Appraiser, Office of the County Assessor is AUTHORIZED to travel to various locations in the States of Ohio and Pennsylvania during the period of September 25, 1977 through October 12, 1977 for the purpose of conducting audits. PASSED by the Board on September 20, 1977. hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Assessor Supervisors Auditor affixed this2Othdoy of September _ 19 77 Administrator J. R. OLSSON, Clerk ByDeputy Clerk Maxine M. Neuhe14 H-24 3176 ISm 1314 1 1 In the Board of Supervisors of Contra Costa County, State of California September 20 , ig ?7 In the Matter of TRAVEL AUTHORIZATION IT IS BY THE BOARD ORDERED that W. David Gray, Senior Auditor Appraiser, Office of the County Assessor is AUTHORIZED to travel to various locations in the States of Michigan and Indiana during the period of September 25, 1977 through October 14, 1977 for the purpose of conducting —' audits. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Assessor Witness my hand and the Seal of the Board of Auditor Supervisors Administrator affixed thi320thday of September _ ig 77 J. R. OLSSON, Clerk B .� Deputy Clerk Maxine M. Ne f ld H-24 3j7615m 0131-5 r In the Board of Supervisors of Contra Costa County, State of California September 20 , ig 77 In the Matter of TRAVEL AUTHORIZATION IT IS BY THE BOARD ORDERED that Richard B. Enes, Senior Auditor-Appraiser, Office of the County Assessor is AUTHORIZED to travel to various locations in the States of Missouri, Illinois and Wisconsin during the period of September 25, 1977 through October 14, 1977 for the pur- pose of conducting audits. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Assessor Supervisors Auditor affixed thi320th day of September _ 19 77 Administrator — J. R. OLSSON, Clerk By �i � �(�, Deputy Clerk Ifaxire Ii. Neuf 1d r.� H.24 3j76 15m 0131D In the Board of Supervisors of Contra Costa County, State of California September 20 , i9 77 In the Matter of Adopting the Subregional Treatment Facility Agreement WO 5410-658 & 490 WHEREAS the Public Works Director has recommended the approval and execution of the Subregional Treatment Facility Agreement between the Contra Costa County Sanitation District No. 7-A and Contra Costa County, IT IS BY THE BOARD ORDERED that the Chairman execute the Sub- regional Treatment Facility Agreement. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of ORIGINATOR: PUBLIC WORKS DEPARTMENT Supervisors Environmental Control affixed this 20th day of September____, 19 77 cc: Public Works Director Environmental Control J. R. OLSSON, Clerk Auditor-Controller By ,� �. lL _, Deputy Clerk County Administrator / County Counsel J Clerk of the Board 0131'1 F1 -24 3/76 15m FIN y SUBREGIOIML TREAgEPP FACIL= AGC. MT (County and Sanitation District No. 7-A) 1. PARTIES and DATES: Effective on September 20 , 19 77 , Contra Costa County, hereinafter called "County", and Contra Costa County Sanitation District No. 7-A, hereinafter called "District", pursuant to Goverrurent Code Section 6500 ff., mutually agree and promise as set forth below. 2. pURpOSE: The parties desire to provide for the performance by the County through its Public Works Den arttrrent of those services requested by the District to assure the continuity and the accomplishment of matters related to the Sub- regional Treatment Facility Program of the District. 3. COUNTY'S SERVICES: The County shall prepare all District documents; all District files; correspondence; accounts; grant materials; and other miscell- aneous materials, executed or compiled prior to August 11, 1977, for transfer to the District and to the District's Project Manager. The County shall further provide, after August 11, 1977, engineering, clerical accounting, and adminis- trative support to the District and its Project Manager, as requested by the District or its Project Manager, to assist in the preparation of documents, qtr, and other miscellaneous matters related to the Subregional Treatment Facility Program and to comply with State and Federal regulations and/or grant requi remits. 4. BILTMrGS and PENT: All glary and overhead rates shall be revised at such time as the County has re-calculated the "hourly cost accounting rate," based upon the County's actual cost, for each job classification; when such . revised salary and overhead rates differ frau tImse listed in Exhibit A, the County shall notify the District of the revisions and the revised rates shall be charged to the District on the billing next following the notice of said revision. 5. HOLD MMUMS: The District shall fully defend, hold harmless, and indem- nify the County, its officers, agents, and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of or in connection with any work performed under this Agreement, except for liability arising from the sole negligence of the County, its officers, agents, or employees. 01318 Microfilmed with board order 6. TERNjINATION: This agreement may be te=unated in whole or in part at any time by either party giving 30 days advance written notice to the other. Upon such temm-nation county will be paid by District all amounts due or, thereafter beccaTung due for services rendered to the date of tem natian. CwgI 3K COSTA CONTRA COSTA COUNTY SANITATION f , DIS * 7 A Chairman ,�� C'ha;nrE n ATTEST: JAMES R. OISSON, County Clerk and ex officio Clerk of.the Board of Supervisors By rl� Deputy / RECOMMENDED FOR APPRCNAL: By e4 oe� Public Works D' FORM APPROVED: JC M B. C LAIJSEN County Counsel By uty 01319 -2- EDCM1T "All 'Ihe Public Works Department personnel anticipated to be involved in inplementation Of this Agreement including their hourly cost accounting rates (as of July 1, 1977) are as follows: Supervising Civil Engineer 38.57 Senior Environmental Engineer 33.54 Associate-Civil Engineer 29.80 Departmental Accountant 27.82 Accountant II 24.11 Administrative Analyst 19.89 Interme<3iate S 15.02 Account Clerk 11 15.45 01320 y t � - � t In the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Termination of Reimbursement Agreement Rose Marie Bruce On recommendation of the County Auditor—Controller IT IS BY THE BOP.RD ORDERED THAT the Chairman IS HEREBY AUTHORIZED to execute Termination of Reimbursement Agreement which was taken to guarantee repayment of the cost of services rendered by the County to Rose Marie Bruce who has made repayment in full Passed by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Originating Dept: Auditor-Controller Witness my hand and the Seal of the Board of CC: County Administrator Supervisors affixed this 20th day of September , 19 77 �. �. J. R. OLSSON, Clerk sy Deputy Clerk H 24 12/74 • 15-M Max-ine AI. Neukeld 01321 TERMINihTION OF REINBURSE3-IENT AGREEMENT The REIMBURSDIENT AGREEMENT and NOTICE OF LIEN executed on December 18, 1961 by Rose harie Bruce and recorded in the -official records in the office of the County Recorder of this County on _ January 11, 1962 in Volume 4033 at page 38 is hereby released. Dated: SEP 2 0 1977 By order of the Board of Supervi ors. CHAIRMAN OF THE BOARD O ERVISORS r Contra Costa County • STATE OF CALIFORNIA County of Contra Costa On (date) September 20, 1977 before me, Maxine M. %Neufeld a deputy county clerk of this county, personally appeared _ Nar•r•en N. Boggess known to me to be the person who subscribed this instrument and to the Chairman of the Board of Supervisors of this County and acknow- ledged that he executed it. James R. Olsson, County Clerk by .c eputy Coun erk (H 2029 11/72) v 3,�iiG Microfilmed with board order - �. -n. .rsle+s:.3a"`�';, � ,:. ,:.�. N.y rs.q,�},.::,• +x.'!,iia.' V'r— .. ..:,;x:�:7se� .:- _`�*'nYtet's,.5+... ..3 ee.�......r._... ..... ..... as,.. ._,. �� _ . .. ..- .;. R�� ,^-.r,.- .•,gyp 'iT��. f In the Board of Supervisors of Contra Costa County, State of California September 20 19 77 In the Matter of Addendum No. 1 to the Specifications for the North Richmond Frontage Improvements 1977 Project, Richmond Area. Project No. 0565-4403-925-77 The Public Works Director having recommended that the . Board approve and concur in the issuance of Addendum No. I to the Special Provisions for the North Richmond Frontage Improvements- 1977 Project ; said addendum lists goals and timetables for Affirmative Action Requirements , Equal Employment Opportunity for contractors . IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. PASSED by the Board on September 20, 1977• 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Originator: Public Works Department Supervisors Road Design Division affixed this 20thday of September 19 77 cc: Public Works Director County Auditor-Controller J. R. OLSSON, Clerk By a_z"- Deputy Clerk OUS 01323 H-24 3/76 15m Y. ems. ei.., ....+.' _ . •r: a 3 , ADDENDUM NO. l TO THE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF NORTH RICHMOND FRONTAGE IMPROVEMENTS - 1977 Project No. 0565-4403-925-77 1 . SPECIAL PROVISIONS Section F - Bid Conditions , Affirmative Action Requirements, Equal Employment Opportunity. Change the second paragraph of page F-3 to read as follows : For all such trades the following goals and timetables shall be applicable. Until 9/30/71 3 . 5% - 9. 3% From 10/1 /71 to 9/30/72 9.3% - 11 . 8% From 10/1 /72 to 9/30/73 11 . 8% - 14 . 5% From 10/1/73 to 9/30/74 14. 5; - 17. 0% From 10/1 /74 to 9/30/75 17. 0% - 19. 5% From 10/1 /75 to 9/30/76 17. 0% - 19. 5% Bidders must acknowledge receipt of this Addendum. Acknowledgment must be shown in the 'space provided below and returned with the Bid Proposal or under separate cover prior to the date and hour set for the opening of Bids , 2 : 00 p.m. on Thursday, September 22, 1977. Acknowledged : Bidder: By : Title: Date: Microtilmea with board order 01324 4 In the Board of Supervisors of Contra Costa County, State of California September 20 19 77 In the Matter of Approving Road Improvement Agreement for LUP 2068-75 Danville area. 1110 6108-661 The Public Works Director is AUTHORIZED to execute a Road Improvement Agreement with Clocktower, Ltd., providing for the modification of a traffic signal in conjunction with Land Use Permit 2068-75, Danville area. PASSED by the Board on September 20, 1977. r` r\ rn •-a a. UJ CA) N Y O _U O CL U 'O i O U N as 0 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Sea_I of the Board.of Originating Department: Ptd (LD) Supervisors cc: Recorder (via Ptd) affixed this 20tbjay of September , l9 77 — Public Works Director Director of Planning J. R. OLSSON, Clerk County Assessor By �f / QZ�p Deputy Clerk Clocktower, Ltd. N. Pous PO Box 341 Davis, CA 95616 012 H-24 1/76 15m l AGREEMENT (Road Improvement) 1. Variables. These variables are incorporated below by reference: ckidcm�.M- P-6- Bol 344 DW GA. t U wo (a) Owner's Name and Address: - a nw3- o p'^^^ r'��-` , .. =u�r '—ra��6, u � (b) Effective Date: (c) Project Name, Number & Location: Modify traffic signals at Hartz Avenue and Diablo Road. :51000.00 (d) Payment: 6,196.8- 2. ;ms.892. Signatures These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA' 014NER J ,4 --r _- Public Works Director y B ATTEST: James R. Olsson, County Clerk and ex officio Clerk of the Board By J ll , Deputy N.POUs77 Form approved: J. B. Clausen, . County Counsel By 2 G`Cir-U Deputy 3. Parties. Effective on the above date, Contra Costa County (County) and the above-named Owner mutually agree and promise as follows: 4. Purpose & Scope of Work. The Owner proposes to construct a shopping center on the westerly side of Hartz Avenue opposite Diablo Road under Land Use Permit 2068-75. the work necessitates modification of the traffic signals at the intersection of Hartz Avenue and Diablo Road for the improved appearance of Owner's project. 5. Financial Responsibility. Owner agrees to pay for the entire cost of modifying the traffic signal, including necessary new equipment and any additional work required by unforeseen conditions. 6. Plans & Specifications. The County shall prepare plans and specifications for the entire signal modification project. 7. Contract Administration & Engineering. The County shall advertise for bids and award and approve the contract for construction. All contract administration and engineering shall be performed by the County, and the cost thereof shall be borne by the Owner. Any liquidated damages for overrun of contract time that may be collected by the County pursuant to the terms of the contract shall become the sole property of the County. S. Notification of Bids & Award of Contract. County shall notify the Owner, or his delegated representative, of the amounts of the construction bids received for the project within forty-eight (48) hours after they are opened, and shall advise Owner of the name and address of the Contractor to whom the contract is awarded. 9. Payment. Before County signs this agreement, Owner shall deposit with the County a certified check or cash in the amount of the payment specified in Section l(d). Upon receipt of bids and prior to award of contract, the amount of the Owner's payment specified in Section 1(d) may, at the option of the County, be adjusted on the basis of the low bid received. County may require an increase in the Owner's payment on basis of such adjustment. As soon as possible after determination of final costs for the project, Owner shall either be reimbursed for any surplus funds remaining on deposit; or, in case the deposit is insufficient to cover the cost of work performed here- under, Owner agrees to pay to County any additional sum that may be due and owing County upon billing therefor by County. Microfilmed.with b and order (Page 1 of 2) t 10. Acceptance. Acceptance by the County of the Work performed shall constitute acceptance by Owner. 11. Termination. This agreement shall terminate when the construction work set forth in Section 4 has been completed and payments required herein have been made. "END" (Page 2 of 2) Sept. 20 , 19 77 - NOTE TO CL:lItLatiT Claim :against the Bounty, ) The co;?y o6 'u 3 dacume ti rr�uee� a yrrcc ibo«c._ Routing Endorsements, and ) notice o6 t(te action tahen on yowl ct Lt n by t;te Board Action. {All Section ) Sotvtd oS SupVtviAotZ (Pa&ag.La,n`t 111, betotv), references are to California ) given p-u/L6uttn.t to Gove,%nmettt Code Sect.,-'o;,,5 911.8 J, Government Code.) ) 913, 5 915.4. PZease note the "a.atn ng" beton;. Claimant: Denise Rodriguez, 2125 E2 Dorado, Vallejo, California, 94590 Attorney: James E. Scott Address: Lax-7 Offices Scott & Kolb, 325 East Leland Road, Pittsburg, California, 94565 .:f Amount: 36,500. 00 Date Received: August 18, 1977 By delivery to Clerk on _ By mail, postmarked on Auqust 16, 1977 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Clain or Application to File Late Claim. DATED:August I$, 1977J. R. OLSSON, Clerk-, By �"AI U' Deputy- aMie L. Jo son II. FROM: County CounselTO: Clerk of the Board of Supervisors (Check one only) { VIJ This Claim complies substantially with Sections 910 and 910.2. { ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for IS days (Section 910.8) . ( ) Clain is not timely filed. Board should take no action (Section 911.2) . ( ) The Board should deny this Application to File a L,a.te-Qaitt oecti 911-6) . t DATED: - j`� - '� '� JOEi1 B. CLAUSE\`, County Counsel, By-(� , �� _ —, Deputy III. BOARD ORDF4 By unanimous vote of Supervisors present (Check 'one only) (XX ) This Claim is rejected in full. ( ) This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Sept. 20, 1977J. R. OLSSON, Cler"x, b}• at"77 t� �1,.- � j� , Deputy Jamie L .'Tnhn cnn SiAILMI\G TO CLAIMIAN7 (Government Code Sections 911.5 & 913) You have only 5 trout o 6,tor:t .ti. t,�u e matg o -Vtt s notice .to ttou cRx-t tin cu;ucit to 6if-e a couAt action on this &ejected Uaim (.see Govt. Code Sec. 945.5) of 6 mon.Vus 6%om the den iat o4 uocu: Appticati.on .to Elie a Late C2a&n W t tin tchich to rieiZtion a coutz got &e ti"eS 6,%om Section 945.4'4 e�c�irt- i,�,i;zg deadUne (,see Section 9116.6) . You may .See, the advice o an, atitoh.ney o j yovA choice, in cof.►tect,ioa tCd th :ttrt s ma tte2. 17 you want to co,:.sUU an mtto tsiey, you s;_ouFd do .30 Zrrrted zateU7 It'. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator, G (a-) Public i.orks, Business & Services Division Attached are copies of the above Clain or application. he notified the claimant of the Board's action on this Clair or An lication by mailing a copy of"this docu.-nent, and a mea.o thereo` has been filed and endorsed on the Board's copy of this Claim in accordance with Section. 29703. DAT-ED- Sept. 21, 1977J. R. OISSON, Clerk, B� ,r.1;.{, .'�-� �f-�t <',�-y` Deputy Jamie L. Johnson V. FPON: (1) County Couns.l, (2) Count;; Administrator, TO: Clem of the Board (3) Public Works of Supervisors Received copies of this Clain or Application and Board Order. DATFD:Sept• 21, 1977 County Counsel, 3).- County yCounty Administrator, By Public corks, By 8. 1 Rev. 3177 .. E TJ r. .'��.y..� tFju, Y t E 1 LAW OFFICES F I L E 2 SCOTT & KOLs AUG 18 1977 315 EAST LELAND ROAD 3 PiTTsBuRG. Csuroa vaa 9456a J. R. oi_ssoN ,a (415) 432-2955 (415) 432-3874 CLERK BOARD Or SUP!RVISOPS CONTR'YCQSIA CO. 5 e,11 tLxctc. ,nl*.:c�a. 6 ATTORNEYS FOR Claimant 7 8 In the matter of the Claim of ) 9 DENISE RODRIGUEZ, ) 10 Claimant, ) CLAIM FOR PERSONAL INJURIES 11 vs. ) 12 COUNTY OF CONTRA COSTA ) 13 BOARD OF SUPERVISORS. ) 14 I 15 DENISE RODRIGUEZ, through her attorney, JAMES E. SCOTT, 16 hereby presents this claim to the COUNT! OF CONTRA COSTA, State of 17 California, pursuant to Government Code Section 910, et sect. 18 11 19 The name and address of claimant is as follows: DENISE 20 RODRIGUEZ, 1125 E1 Dorado, Vallejo, California, 94590. 21 III 22 The address to which the claimant desires notice of this 23 claim to be sent is as follows: County of Contra Costa, Board of 24 Supervisors; 651 Pine Street, Martinez, California, 94553, attention: 25 Clerk of the Board_ 26 IV 27 Claimant received serious. personal injuries as a result 28 of a one-car automobile accident. On or about October 15, 1976 at 29 Martinez County Hospital, County of Contra Costa, State of California, 30 Dr. Loosli and other hospital personnel inserted a pin into claimant's 31 right leg incident to repairing fractures to that leg and hip. 32 I V 33 The pin was improperly inserted and extended through the 34 leg bone and into the surrounding tissue. This insertion was improperly 35 and negligently done and the medical staff responsible did not exercis 36 the degree of care to which they should have subscribed in this pro- -1- Microfilmed with board order 01329 r 1 cedure. 2 VI 3 BV reason of said carelessness, negliqence and omissions 4 above referred to, claimant has suffered injury to her bodv and 5 damage and shock to her nervous system and must now undergo further 6 surgery to correct the matters hereinabove complained of. As a 7 direct and proximate result of the negliqence, claimant has suffered 8 general damages in the amount of $35,000.00 and special damages 4 unknown at this time as the surgery claimant must undergo is pending. 10 Claimant estimates that the medical expenses to he incurred incident 11 to this surgery will be in the amount of $1,500.00. 12 VII 13 On or about May 25, 1977, claimant first learned of the 14 negligence complained of hereinabove and did not nor could not, in the 15 exercise of reasonable care, have learned of her true condition sooner. 16 WHEREFORE, claimant demands of the COUNTY OF CONTRA 17 COSTA general damages in the amount of $35,000.00, and special damaqes 18 in the amount of $1,500.00. 19 VIII 20 Claimant requests further communications or correspondenc 21 incident to this matter be directed to their attorney, JAMES E. .SCOTT, 22 Lace Offices of Scott & Kolb, 315 East Leland Road, Pittsburg, Califor- 23 nia, 94565. 24 DATED: August 16, 1-977. 25 26 Law Offices SC T & KOLB 27 28 29 . 30 J S F.. S �0 , A ney for C aimant and presenting this ° C aim on her behalf o < 31 " ~ Z c' 32 it 4 t 33 o "< r .a F U ; „ 3 < E- o4 6 34 0 " U uz -„ 35 r c 36 1331 _2_ cltl I p. BOARD ACTION BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOP.N+IA Sept. 13 , 1977 ,VOTE TO CLAIAAINT Claim Against the County, ) The copy o6 .dr is docwme►tt rxv_Z .to Jou iz yoL& Routing Endorsements, and ) notice o6 the action to en on yotut cPain by t;j2 Board Action. (All Section ) Soatcd o6 Supeltvtaons (Paaagnaph III, be,Qow), references are to .California... }. . given ,►_uv 4uctnt to Govanment Code Sections 911.8, Government- Code.) ) 913, i 915.4. Please note the "warning" below. Claimant: Pacific Telephone and Telegraph Company, 150 Hayes Street, Room 400, San Francisco, California 94102 Case No. B-740-300 Attorney: Address: Amount: $200.00 Date Received: August 10, 1977 By delivery to Clerk on By mail, postmarked' on g• 8, 1977 I. FROM: Clerk of the- Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or Application to File Late Claim. DATED: Aucr. 10 , 1977J. R. OLSSON, Clerk, By o�/rt__ r `,34 `, �� Deputy Jamie L. Johnson II. FROM: County Counsel TO: Clerk of the Board of Supervisors. (Check one only) t ( ) This Claim complies substantially with Sections 910 and 910.2. ( ✓) This Claim FAILS to cod6-ply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should take no action (Section 911.2) . ( ) The Board should deny this Application to Fileate,Claim ( 9I1.6) . DATED: - ((-71 J0101 B. CLAUSEN, County Counsel, Bye �,J Deputy- III. eputyIIT. BOARD ORDER By L.*tani=us vote of Supervisors present - (Check *one only) (XX ) This Claim is rejected in full. ( ) This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. _/ DATED:Sept. 20, 1977 J. R. OLSSON, Clerk, by c��c1�Lt,C ��TMh, Deputy Jamie L. Johnson WARNING TO CLAIMk%T (Government Code Sections 911.8 & 913) You have onty 6 moa 6,tom the maZ&&Lg op this notice .to you FLtMin which to 6,Ue a count action on Chia �tejected Claim (see Govt. Code Sec. 945.6) on 6 months d•tam the denial-- o6 yours. Appt cation to Fite a Late Claim mWz in winch to ,pe oEtion a count bon ne.eie6 6nom Section 945.4'6 c& m-6.i.Ging deadU-ne (see Section 946.61 . _ You may seek Sze adv.i.ee o6 any a toltney o6 youtc choice in connection with &Z5 matteft. 16 you waatt to eonsaLt cut attotxey, you aheuZd do so .tmmediateiy. If. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator, & (3) Public Ilorks, Business & Services Division Attached are copies of the above Claim or Application. We notified the claimant of the Board's action on this Claim or Application by mailing a copy of this document,-and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance kith Section 29703. / DATED:Seht. 21 , 1977J. R. OLSSON, Clerk, ByIt ,l-!' Deputy Ta -e L. Johnson V. FROM: (1) County Counsel, (2) County Administrator, TO: Clerk of the Board (3) Public storks of Supervisors Received copies of this Clain or Application and Board Order. DATED: Sent. 21 , 1977 County Counsel, By County Administrator, By Public Works, By 8. 1 Rev. 3/77 THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY SECURITY - SAN FRANCISCO 150 HAYES STREET. ROOM 400 - SAN FRANCISCO. CALIFORNIA 94102 AREA CODE 413 542-2464 D. L- WINSBY DISTRICT SECURITY MANAGER Case No. B-740-300 August 5, 1977 Claim for Damages F I L E JD County Clerk AU i; p 1977 Contra Costa County Martinez, California 94553 J. R. OLSSON CLERK BOARD OF SUPERVISO Dear Sir: B CONI; COSTA Co. On July 29, 1977, a Ford Backhoe #4500, operated by E. P. Martin, an employee of the Contra Costa County Water District, struck and damaged underground cable owned by this Company. This accident occurred at Crescent Drive and Mountain View, Concord, California. The estimated cost of repairing our facilities is $200.00. When our itemized bill is ready, it will be forwarded to the Contra Costa County Water District. We are sending you this notice pursuant to Section 910 of the Government Code. Please send notices to the above address. Very truly yours , MRS. A. M. HIMLER Security Representative AMH:ms CC: Contra Costa Water District P.O. Box 757 Concord, California 94522 Ukrofilmed with board order BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD nCTIO:d Sept. 20 , 1977 NOTE TO CLAI` .\NT Claim Against the County, ) T:,.e copy o5 trLiz document rnabe(f to Jou .cis ycut Routine Endorsements, and ) ;Wti.ce o5 the action tah_-n on yout c L4En 6y z,e Board Action. (All Section ) Eoand o3 Superv.izort s (fttag&ap't III, 6et'-o=.!:) , references are to California ) given t.unsuant to Goveh. trent Code See ti_oms 911.8, Government Code.) ) 913, 5 915.4. Ptease the "u,ann.i.ig" betov,. Claimant: Charles K. Jackson, 18 Highgate Road, Kensington, California 94070 ,-- Attorney: 4070 ,--Attorney: Address: Amount: $75,000.00 Date Received: August 19, 1977 By delivery to- Clerk on By mail, postmarked on Aug. , I. FROM: Clerk- of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or Application to File Late Claim. DATED: Aug. 24, 1977J. R. OLSSO2, Clerk, By ��/y}1.IP.tY i/1�,�Qy� Deputy Jamie L. Johnson . II. FROM: Count; Counsel TO: Clerk of the Board of Supervisors. (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. ( � This Clain FAILS to comply substantially with Sections 910 and 910.2, and'we:are so notifying claimant. The Board cannot act for 15 days (Section 910.8-).. ( ) Claim is not timely filed. Board should take no action (Section 911.2) . "t ( ) The Board should deny this Application to File a Late Claim (Section 911.6) . DATED. , ' � •�5-:'� JORN B. CLAUSE.:, County Counsel, By �r-t..` /� `r� Deputy III. BOARD ORDER By unanimous vote o, Supervisors present (Check one only) ( XX) This Claim is rejected in full. ( ) This Application to File Late Claim is denied (Section 911.0) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. / DATED: Sept. 20, 1977J_ R. OLSSON, Clerk, by cJet4->2Gt c�--✓�t�llll�� , .Deputy Jamie L. Johnson WARNING TO CLAI.M.%T (Government Code Sections 911.8 & 913) You have ont y 6 tnoatIvs tnom die tna.t t _79 cS t7i6 no;cce to you wZthi.n tduch to L•tt.e a eewtt action on tt. s Rejected C,'—gum (.see Govt. Code Sec. 945.5) on ci mo;ttita ','tom tilte de t is Z_ o6 yout AppLi.cati.cn to F-Ue a Late C2a,im w that Le,Lich :to petition a cowLt 'ort. ke.t,i.eS rj"tont Section 9Y5.Y'.a c ecr&n-bd.�i ng dead£i-re (aee Sectio;t 94'16.6) . ycu play zed', VLc advice- o' any rttoh;'.ett 00' yow: choice in connection taith t;V_5 rru:z,ttc_t. 1 ' you ! ayt to con'su i an C..tiC� �f_c!�. I Ott h+2(?�..CE do so imined ateey. IV. FROM: Clerk of the Board TO: (11 County Couaszl, (2) County Admninistrator, r tj 3) Public i:ors, Business & Services Division. Attached are copies of the above Claim or Application. Ile notified the .claimant Of the Board's action on this Claim or application by mailing a copy of this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance ti•i.t , Section 29703. DATED: Sept. 21 , 1977J. R. OLSSON, Clerl-, By ��'�J)t,rc` -- -OG'7` Deputy Jamie . V. HUM: (1) County Counsel, (2) County Administrator, TO: Clerk Board (3) Public Yorks of Supervisors Received copies of this Clain or Application and Board Order. DATED:Sept. 21, 1977 Count), Counsel, By County }d.ministrator, By Public l,orks, By f 8. 1 Rev. 3/77 E I 18 i'•i?Yhgate Road Kensington CA 94,707 15 August 1977 ENDORSED Contra Costa Board of Super.,Isors �,�•� Coi:r_ty Administration Building FI L.E. D 651 Pine Street Martinez CA 94553 i�; u Id%r Attn: James P. Kenny J. P. OF SUP C�c?K soaeD OF SUc"Rv15JZ First District 5uper7isor �N t =!f A co. Re: A.P. 572-231-oto.-8 18 Highgate Road, Kensington Demand for zrnmediate abaterent Of County-caused land failure and Claim for damages. Dear Air. Kenny: Please put this before the Board for inns diate action. See that the County co-ordinates with the University of California work at the Blake Mate dealing, with t^e same problem. Contact Mr. Theodore H. Chenoweth, Associate Vice Chancellor—Business Affairs (Geologist), phone 642...3101. AckroTaledging your letter of 13 April 1977: Discussions with tir. Darwin .hers, Planning Dent. Geologist, and loth )jr- NcLaughlin, of H.U.D. Con- sultants Michael Baker Jr. & Assoc., indicate Contra Costa has not qual- ified for Federal Flood Insurance covering this situation. Ack2'aawl.edging letter dated 11 March 1977, "Des:• Road #�65511, from Xr% T.F.Burlingame, Assistant Public Works Director (signed by 2Ir.A.Betts): T17e have not proceeded to correct the access problem on our own because of the increasingly widening fissures and elevation differences in this Portion of the County Road right,-oj,-ay, and, the County may decide on a "yard drain" here (as at 14 and 28 Filthgate Road) as part of the sol- utior_. It is disheartening that the County apparently feels the situation so unimportant that it is left out of the budget year after year, and did Miaofitmed with board order a d' ,c .. .Aio.... :. '_• - Y _. S E "4 X15 (4.P. 572-231-010-8) page 2. not assign it high enough priority to be considered at the 21 June 1977 public hearing on the five-year priority listing for Federal Aid Urban Projects (roads). Will be on vacation from 19 August to 19 Sept. 1917. Sincerely trust a favorable response vill be found on return. Thanking you for past courtesies, remain, Yours very truly, r C 11 Charles K. Jackson cc Encls: Claim and attachments 0133i 18 Highgate Road Kensington CA 94707 15 August 1977 FACTUAL BASIS OF CUDI Regarding Assessor's Parcel 4572-231-010-8, Lot 71 Slakemont Subdivision z57, Owned by Charles K. Jackson and Margaret C. Jackson of this address. The Board of Supervisors of Contra Costa County approved this Subdivison ;-57 on 14• January 1946. At about the same time, or earlier, they accepted, caused to be constructed, or reconstructed, for public use, that portion of Highgate Road adjacent to Lot 71. Owners' property rights have been and are being taken, and physical damage has been, and is being done to the property by severe land instability (with an imminent danger of an abrupt landslide), directly caused by the actions or failure to act of the Contra Costa Board of Supervisors or their employees, as detained in part below. 1. Lot 71 and Highgate Road adjacent is the site of a former dump. County peri..ited development of the lot and road without requiring the remval of the accumulated organic and inorganic dump material. 2. Lot 71 and Highgate Road adjacent are a continuation of a creekbed on a steep slope which collects a perpetual flow of underground grater from the surrounding watershed. County made no provision_ for the diversion of this water, nor for the stabilization or removal of the wet clay and sit associated with it. This, in connection with the above-r~entioned dump material, forecloses any attempt at permanent repairs while the situation continues to exist. 3. County permitted the placement of a highpressure water main (and gas rain) and laterals in this area of unstable ground, subjecting them to frequent breaking and consequent soaking of the unstable ground. Further- more, County may have permitted installation of these lines in such a way that the trenches act as collectors of groundwater from up and down Highgate Road and subsequent discharge at the lower creek area and thus down through Lot 71. 4. County permitted the construction of the foundations of the dwelling on Lot 71 on unconsolidated fill having a load-carrying capacity of zero. 5. County accepted remedial foundation aro drainage construction by Polivka & Sons, and Clyde- oadward based on the asstmiption of an impermeable clay layer. Tlha tInI3 was false was kr wn, or should have been !mown, to the County. 6. County Road Department has continually added weight by repaving to seal recurring arcuate tension fissures at the top of the lide a_„ea 433 2 - (A.P• 572-231-0110-8, continued) 6. (cont.) in front of Lot 71, thus increasing the vertical height of the slide mass. 7. County has perrri tted the continual digging out of the toe of the slide mass by Stege Sanitary District to repair broken sewer pipes, u-thout requiring a soil report or an environmental impact statement. This digging disturbs the equilibrium of the mass, and the backfill is not properly compacted. 8. County _Assessor's office has continually assessed this property at an above-fair-market ratio, by failing, to reflect the owners' loss of property rights caused by County action or inaction. 9. County has long been aware of the hazardous situation facing the public using this portion of Highgate Road, the owners of Lot 71 and other owners downstream, as well as the higher maintenance costs arra property damage to to public utilities because of the land instability caused by County action and/or inaction. tie now have a prediction of a 95% chance of 160% of nor- . :ral rainfall this coming season (Dr. Grainger, U.C.Berkeley). Failure of the County to take irrradiate action to rectify this situation will be clear evidence of a deliberate and conscious disregard of public and private safety, as well as dereliction of duty, due to the increased slide danger. The fair market value of this property on 1 March 1977, had it been in average neighborhood condition, would have been - - - - - $85,000 Damages attributable to the County amounted to - - - - -( ?5,000) �! Value of property rights remaining to owners - - - - $10,000 r �J Signed: Charles K. Jaclme Phone: 524.8911 Attachments: Becker article on landslides 2 Hallenbeck letters of 26 Sept 75 0131 i Vicious Landslides vs The Innocent Appraiser Courtesy of John A.Duckor Comadlinq Cn6pn.6ur.Mill V.1II46y,G611111"11111What causes landslides and suuiliu• inali o.tations of slap,• iumabilitivai! In view III'Wheat hu6b6rn:uaid,hnwt•ona• if. II' lilts 16111114, its nnl 1ue11rt1p,gw w. ANSWI11:Uravily. that wit hava•.al pra•+rnl,18sruLa11la•:uallin'1• Ih6m flu•uullln lel tt•lalela l ltt•vnr1u11n 16tt w•6 Why is not the whole world flat like a ing our luau lx,rili,liu in at dusty wny. Mir arrant;tel, Israel tel:.11, lilt' ,.t a6•nl;t It mirrur, gravity having eliminated all Mail has interlerrrd with fill- t•xinting puruuu-tvrooflfast nullavilef:tGe•totrll;lha•:•6t muuntains Lind hills by successive land. equilibrium of lbrces either by changing layers. slides? the shape Lir a slope Lir by changing the What is Lite must cumuton way ofuutti Many mountains, hills and slopes are strength characteristics of the material interference with the naturally 18af:ntt•ed made of auterial which is strong enough forming the shape Lir by it ruwainwtilen a+lopt•? lortsiatheinlluenceul'gravity,eilherre- thereon. it. Cut Iiulf into au statist iall.v111166•11811:6 twining their original shape or having What are Lhe cutin characteristics 4,f= uuikiug the•slept•angle sl et-leer. ht-vii tlattenedLit less steel)sl11peangles. fi:etingthestaimityufuslope? b. Atfdingsonaeweighttsnustlyfilhfu title. arhi6•ving .121 equililariulu 116•ttvt•t•a ta. Anglewrslope the previous natural slept•, thus t•fli•c- tl,rii irttu•r:,IIval lif to rt-sim. un the o4,,, It. 'I'ul:al vertical heig{st ul'augu: Lively rhaIll.iIII,tht•anl;h•wl'aup6•. h:wad:lesdthe lin•cesol'gravitytell tlie other c. if, the max, of the shape is c. Aeldi11gfillatflat-tupufa%lis1w.Sets-it hand. homisgeneous,thestrengthparitntetersuf rill will. even if placed at the, I,t•evieu:; the material, nuttind angle of the slope, increase- List tutal vertical heightoftheslupe. RIMIDENCE ORIGINAL d. Placing;or fill or interrerring with MCL TOPOGRAPHY the vegetation in a way that will increase (tax cultlra"a the moisture content of the soil mass.be it COMPACTED ` ORKWAL natural soil or fill without providing;sufs- DEVELOPMENT surface drainage. FILL. �� e. A combination of tiny of the Mauve � mentioned lucturs. Why is tin increase in water content,de. trimental to the stability ofd slope? Certain soils,primarily clay and sand, will lose their strength if their nutismire runla•ul is itirra.a:.a•d h6.yund it 1-t•0Itiu rril- SLIDSUe,OSEiNa W iral IN•remkillg,e. 'Phis assay resell. ie- u E gradual Its.-c-4 or strength Lir it sudden a,l- lapse of strength. We have, therafilee, creep as well us catastrophic lantbd ides. .. �— What are the visible signs indicating To SCO" the dangers ora potential instabi!ity? This is a very incomplete list, and 1 think there is no way out but to listen to my explanation. a. A steep hill,perse FINAL REBUILT Sl»E b. Evidence ofsubstantial cutting and filling i c. Evidence of past movement,such as i inclined trees and utility poles,cracks in s � �� nearby roads, pavements. driveways, . FILL houses and foundations, non-vertical FILL BUTTRESS fence posts. �•-- d. Evidence ofdiscoluration in vegeta- tion in conjunction with leaning trees and L— shrubs. S L e. [.undslides or similar signs of ittyta- • t p E bitity its a neighbor (afar in ti lot aboveor below the hoose under consideration. f. Dampness and indications of puddl. ing of water, silting and similar condi- ' r'�--- - tions. Wr TOM&" g. Tension cracks indicating possible Figure 11.SLIDE AFTER RESIDENTIAL DEVELOPMENT.This slide is a slump.about 100+feet separation of that part of the slope mater- Fi 9 dal which is about El:ti form a slide. in length.It occurred following excavation of a 1.5;1 cut at the too of the stops.Prior to tits Ind tats upslope were graded and the residence shown was built on compacted till.Thus the two most h. Location in an old shale Lir creek prnin6nent causes of slide activation—undercutt6nq tate toe and loading the top of the slope were with substantial amounts (if rill and no involved,with the removal of too support being the motivating factor.The lower diagramschemati- certainty or indications that. the rill is tally shows the rebuilt slope. properly drained(subdrained t. 0133- sass i. Indications that the fill i., I,I:,evif 'Cut Original ground profile without proper stripping of topsoil and without proper keying.This i.,irlipos,ible - Paved terrace drain toestablish simply by visual inspection. In cut-slopo j. Cutting away the Loe of ally slope. This is particularly prevalent alio can• as slat tek 40' `— struction has been finished and ththeproud � 5 owner wants to have if sunurwbat inure 1 f 1 t 1 a FII spaciott�backyard—her e gut,lite hill! tyZ z This short discussion of the prohm ltl I 2s' --►- 25' -1 50' -- will not turn you into Soil Engint-vus.It is, huwn•vty,intondrd to turn,visit into rauti- Ilpttori.FOI1riDIfll.hf_NfCl1t ;:IOi•F_AHr;lf;(t.t, 151,2:1,ond3:1) A2:IsIolN,has n r,1n., 4.11-161-lit tool mor,• knowlrtll;ruble ho11te,r1lul 1111111111 twit.11 Ihrr vr,tllrnl hulttld.A:,•Jnr cfit,,1„pn un!110 P.Ila 111w.1 V11.11n 1 ,rtuuutrrutit for 5tubdity.:ionto cut blopu:i it fuw0untial duvolupnwnl u1u si.aA2 at 1:1,off tot al 1.!J:I.othors;J opprili-wo.h. ' 2:1.or 3:1 and still others have to be even flatter(or rotained).The stueper the cut slope angle,the Chart t I Figure 101 Show;eight varia- more level lot pad space is created and the more material has to be excavated.Grading in most tion of landsl ide Types and prows es. residential hillside developments involves cutting the hilltops and placing this material 1n the ca- Chart 2 (Figure 5) Depicts fiat• cut- nyons and along the tower hillside slopes as fill.In most cases civil engineers believe that it is more lo angles. economical to produce cut and fill lots by earth-workslope tinR p than to construct tracts of homes on the natural slopes. Chart 3 (Figure 11) Shows slide after residential development and the rebuilt Figure 10 slope. A. Slope failure in B. Slope failure In homogeneous noel- nonhomogeneous erial.Circular arc.1. material.Surface of Slide wholly on rupture follows dip- slope.2.Surface o: ping weak bed. rupture intersects n / toe of slope. \1 N Dixwell Pierce Award %,� •` , \\� `001, �= Gerald D. Cochran, Chairman Educa- tion Committee, announces that this wa. ear's DixwelI Pierce Award—1977(:on- %G .•%//':, r,//.: i/,// \ \ \ \ \ \ test is underway.The Education C01111114- tee,with approval orthe h:xecutive•Com- C. Base failure In homogeneous day. D. Hasa failuru in nonhomoqunoous rllittee, 11.1sallowed d the topic this yvar Is, S Ip circle tangent to material.Surface of rupture follows bed be chosen by the author of 111e+p:lpt•r'.The• Is base,center on I of very soft clay. paperinustbeIimited if)assess nlet tor.ts- venical bisector of --------- �" slope. ---- sessment practices within the Assessor's Office. There will be three winners. The first place winner will receive$500 cash award "'-'"/ plus havel expense to the Conference fin the day the presentation is matte.Second place will receive a$200 cash aw;u•cl,and ': i•. C;%.ir>:.t�-ii}� .re W,r'�.:f-'.. 51!, !i third place wil l receive a$100 cash award. The basic rules are: E. Slide beneath side F. Failure within a side � .............. hill fill. Slip control- cW\ tuft fill. 1• Topic: Chosen by author (dealing led by weak soil on o.,a.,,tyv,4 . with assessment or assessinent practices which tin was within the Assessors Office) s0 71O°` ru , placed. 2. Length of paper: 2,500 to 3,000 words,double spaced 3. Identification: Name of author and author's County only on cover of m:uuts- !'%%/ cl It 4. Deadline: I1977,.•i;, September 1, to reach the Assessor,Del Norte County,450 If Street,Crescent City,California 955.11 G.Failure of em- Please encourage p:t'ticipation within bankment. Gravel H. Slide in a fill invofv- your oil-ice. counterweight on ing underthrusttng left side prevents „ of film surface mat- sllde. r, FA erlal down slope. �%�� rat t JUNE 1977 ISSUE = ---- SOCIETY OF GOVERNMENTAL APPRAISERS NEWSLETTER // published bi-MCiMlry !or rnarrx;ers of SOCIETY i/ v OF .,-�c-T.^?s»C:f,�J��','1'1.';-..;p<:i":!'''-i✓�_I•t"rr'.wm�.w'-..-)l":.:':J.};'(L'�*.'^;•i:'=�?Cj;-`e_lY�c.�.�S":cfR::.�✓r:a.i± '/v/':%/�-'�,;j/"�,�.}i%.�i%�i•,/�/�/!��%i///,�/i,i•�/�'� �>� sr GO/ERtITAL AP PRAISERS, 530 Cedarbery Lana.ESan ilal. CA 3. So, SYP60n Pace:2 03 annually.Stod class po::t- age pad at Sian Rafael.CaMomka. 01339 Ha I le n beck-McKay &Associates John Hallenbeck Consulting Geotechnical Engineers Alan McKay 1485 Park Avenue.Emeryville.California 94608 Edward Timmons 415/655-4152 Kiyoshi Tanamachi Geoffrey Van Lienden Curtis Jensen September 26, 1975 Job No. 1145-7508 Mr. Charles K. Jackson 18 Highgate Road Kensington, California 94707 Re : Preliminary Study of Settlement Problems 18 Highgate Road - Kensington, California Dear Mr. Jackson : As authorized, we have made a visual examination of the condition of your residence at 18 Highgate Road. The purpose of this examination was to determine the cause of the problem and to anticipate the amount and rate of future movement , along with possible solutions to the problem. Site inspections were made on October 30 and September 11, 1975. The residence, which is located on a downsloping lot on the west side- of Highgate Road, is a woodframe structure having a height of one story at the front, or east , side and two stories at the back. The excavation of the first floor of the structure is approximately 6 or 7 feet below the elevation of Highgate Road. It is our understanding from representatives of the Contra Costa County Streets Department that the section of Highgate Road directly in front of your residence has been the subject of frequent failures and is periodically repaved. Evidences of recent repaving were observed at the time of our inspec- tion . As we understand it , the residence has continuously suffered a consi- derable amount of settlement and lateral movement since its construc- tion. A substantial amount of distortion and settlement was evidently observable as early as 1955 , and subsequent movements have been docu- mented in the reports of contractors and engineers. A mud slide, occurring in the winter of 1957-58, flowed across Highgate Road and against the house. This mud slide evidently caused structural damage and at least partially moved the house off its foundation. At this time, it was decided to make some attempt .to stabilize the condition, and J.J. Polivka was called in to investigate the condition and develop specific structural plans for repairing the condition. These recommendations, which included underpinning foundations along the rear foundation wall and a subdrain trench along the front of the 1485 Park Avenue.Emeryville.California 94608/1765 Scott Boulevard,Santa Clara.California 95050 01340 s W � _. .. lir. Charles K. Jackson September 26 , 1975 house, were implemented, but movement and distortion of 'the residence continued to occur. A bibliography listing the plans and documents that we reviewed is attached to this letter. The house presently displays many symptoms of extreme settlement and foundation movement. Among these are floors extremely out of level , doors and windows out of square , cracks which have occurred at many of the points of stress concentrations (such as the corners of windows and doors) , and several cracks in the house foundation system. A separation has occurred between the front foundation retaining wall of the house and the brick patio in front of the house, which is construc- ted on a structurally reinforced slab-on-grade. This separation indi- cates that the front retaining wall of the house, and the house in general, are moving in the downslope direction. It was also observed that the front retaining wall foundation of the house has settled substantially with respect to the foundation supporting the center of the house, and has tilted so that it leans toward the front of the house. This is evidenced by the fact that a large crack has formed in the north foundation wall at the back of the garage and just crest of the foundation retaining wall. The rear foundation of the house has continued to settle, even after the underpinning foundations were installed. There is also a separation between the underpinning founda- tions and the rear foundation of the house,- indicating that the under= pinning foundations are not only settling, but yielding in a downslope direction. It is possible that the underpinning foundations have provided some resistance to vertical settlement , but it is obvious that a substantial amount of settlement and lateral movement is still occurring. The joists supporting the upper floor of the house have moved in a westerly direction and, in some cases, the joists are no longer supported by the front retaining wall foundation. This is a result of the westerly movement of the rear foundation in combination with the tilting to the front of the front foundation retaining wall . The bearing wall at the approximate center of the house appears to have been subject to the least amount of settlement, and there is presently a high point , or ridge, over this bearing wall that is observable at the first floor of the house. Based on our review of the available documents indicating the extent of damage and from our discussions with you, it appears that the settlements and lateral movements to date are of the order of several inches, and that these movements are continuing to occur, as evidenced by the breaking of windows , enlargement of existing cracks, and amplified distortions and settlements. Based on previous soil investigations made at the site by others and on post-hole excavations made by you, it appears that the soil condi- tions at the site consist of loosely placed fill materials underlain by shale bedrock. The depth of the fill appears to vary from a maximum of approximately 9 feet at the southwest corner of the structure. We understand that the test holes made by you in the unimproved area just west of the front foundation retaining wall revealed up to 5 feet of wet silty and sandy clay fill containing debris. Water stabilized at a depth of approximately 4 feet in one of the test holes made in the unimproved area below the front door. Based on our discussions with you and representatives of the Contra Costa County .Streets Department , . Hallenbeck-McKay &Associates +�ca a `•>,4, . }-i.�":� ... 2.. .!Y_aiS J Mr. Charles K. Jackson September 26, 1975 it is rumored that this site was used as a dumping ground for old fill and debris prior to the development of the homes in this area. It is also possible that a creek that currently flows in a northeast- southwest direction on the property to the east of the site flowed through the site prior to the construction of Highgate Road. Highgate Road was constructed, and the creek was divereted into a culvert which is located approximately 50 feet to the north of the property. It also appears that the grading for the property for the development of the building pad for the residence resulted in excavations at the front of the house and the placement of this material as fill at the rear of the house and in the front patio area. CONCLUSIONS In our opinion , the settlement of the residence is the direct conse- quence of the downward and lateral movement of the loose and compres- sible soil material that occupies the site. Because these fill materials are constructed on a slope, it should be anticipated that the rate of movement is not likely to decrease with time and that continued movements of the order of several inches, and possibly greater, could occur in the future. In addition to continued founda- tion damage, this would cause additional damage to the house framing. - The condition is aggravated by the fart that the fill materials are being saturated with groundwater, which not only saturates and softens the soils , but produces a seepage force in the downslope direction. It should also be pointed out that there is, in this situation, the possibility of a landslide or larger-scale earth movement that could severely damage the residence in a short period of time. We believe that the best solution to the problem of stabilizing the residence would be underpinning foundations (developing their support ' in the incompressible shale rocks below the fill and surface soil) constructed beneath all the foundations for the residence. These underpinning foundations would have to be designed to .supprt both the vertical loads from the residence and the lateral loads that would be produced by the downslope movement of the soil mass. Because of the required depth and the limited access conditions, it is anticipated that this construction would be of the order of $20,000, excluding cosmetic repairs and releveling of the house superstructure. Specific designs would have to be determined on the basis of a more comprehen- sive soil investigation. It is our understanding that some consideration is being given to re- inforcing the house foundations so that the settlements could occur and the house foundation would be strong enough to remain intact and span over local depressed areas. While no specific designs were worked out , it is anticipated that this type of solution would also be ex- tremely expensive since the house foundations would be required to span or cantilever for substantial distances. We considered the possibility of reinforcing just a portion of the foundations so that certain win- dows and features within some walls would be protected. While type of local reinforcing would provide certain temporary suppc , ( I . Hallenbeck-McKay C. 01=0 4 Mr. Charkes K. Jackson September 26, 1975 these areas, it should be pointed out that the continued settling of the residence would still occur, and that the locally reinforced walls would still be stressed by movements in other areas of the residence. Very truly yours, HALLENBECK-McKAY ASSOCIATES f Geof3(rey Van Lienden B I B L I O G R A P H Y Geo-Engineering Consultants, Letter to Air. and Mrs. Charles K. Jackson -Dated March 25, 1970 John Ward, Letter to Mr. and Airs. Charles K. Jackson Dated August 12, 1974 John Ward, eater Level Survey Dated August 12, 1974 Chttrlc!s K. Juritson, I olAor to Woodw.trd Clydo Conoultunts I)ILLO(I .luno 30, 1975 J. J. I'c- IjvIcu, Uiiclar1,'itill lnl, I)I-11w.111gs MtLod .luno 3.0511 , SupLumbor 3.958 Hallenbeck-McKay G 01343 j Hallenbeck-McKay &Associates John Hallenbeck Consulting Geotechnical Engineers Alan McKay 1485 Park Avenue.Emeryville,California 94608 Edward Timmons 415/655-4152 Kiyoshi Tanamachi Geoffrey Van Lienden Curtis Jensen September 26, 1975 Job No. 1145-7508 Mr. Charles K. Jackson 1S Highgate Road Kensington, California 94707 Re: Proposal for Soil Engineering Services 18 Highgate Road - Kensington Dear Mr. Jackson: As authorized, we have made a preliminary study of the settlements and distortions you have observed in your residence at 18 Highgate Road. A letter summarizing the results of our investigation and presenting our conclusions was issued by our firm on September 26, 1975. In sum- mary, it was concluded that the movements would continue to occur unless some type of underpinning or alternate corrective measure is installed. A specific design for a corrective approach would have to- be made on the basis of the results of a soil investigation. In order to investigate the problem, we propose to make approximately 5 or 6 test borings located at various positions around the house. Two of these borings would probably be made inside the unfinished area inside the house. Because of access limitations, the borings will have to be made with hand-auger equipment. The borings would extend through any fill and potentially unstable topsoil, and into competent rock. It is anticipated that the maximum depth of borings required would be of the order of 15 feet. We would use the information from previous bor- ings made at the site wherever possible, and if the boring logs could be verified. Undisturbed samples would be taken from the borings and brought to the laboratory for testing and inspection. Tests would be made on the samples to determine the strength, density, and compressi- bility of the various soil and rock layers. We would make typical cross sections through the house and through the property using hand-surveying techniques, and these profiles, in con- junction with the subsurface information obtained from the borings, would be used to develop design criteria for the underpinning founda- tions. We would plan to provide you with specific designs for the underpinning foundations that would stabilize the house foundations and 'resist future lateral loads from continued movement of the fill. We r ' 1485 Park Avenue.Emeryville.California 94608/1765 Scott Boulevard,Santa Clara,California 95050 01M.-I Charles K. Jackson September 26, 1975 would discuss these recommendations with you and, when mutually- agreeable design decisions had been made, we would issue an engineer- ing report summarizing the results of our investigation and presenting our recommendations. The report would be detailed enough so that a contractor could construct the underpinning foundations on the• basis of the information contained in the report. Where the displacements to date have damaged the wood framing portion of the residence, these deficiencies would have to be corrected at this time, also. Our fees for these services would be based on our standard unit rates for personnel hours, drilling, and laboratory tests. Based on. the scope of the work as we presently foresee it,- it is anticipated that the total fee would be of the order of $3500. Additional fees would also be incurred during the inspection of any construction that is recommended. Our work would be performed in accordance with the Terms and Conditions which are attached. to this report. These Terms and Conditions are, by reference, made a part of this proposal. If this proposal correctly summarizes your understanding of our ser- vices and you wish us to proceed with the investigation, please sign a copy of this letter where indicated below and return it to our office for our files. We would be ready to proceed immediately with the in- vestigation and should be able to have the complete report within about three weeks after receiving your authorization. Very truly yours, HALLENBECK-McKAY & ASSOCIATES � 7,0 Geoffrey Van Lienden AGREED to this day of 1975. By Hallenbeck-McKay&Associates 01d- STANDARD TER,-IS AND CONDITIONS RELATIONSHIP BET14EEN CLIENT AND ENGINEER The Soil Engineer is retained by the Client to investigate the subsurface soil conditions and to consult with him regarding his project or problem. The Engineer's services are for the benefit of the Client, but the extent of those services is limited by the funds-made available by the Client "for the investigation. The Engineer has a public responsibility to perform his wort: in conformance with the accepted standards of professional care, but beyond that must make evaluations of cost versus risk. Where deemed appropriate, the Engineer will present these evaluations to the Client so that he may choose the degree of risk appropriate to his own economic evaluations. Whether or not such consultation between the Client and Engineer takes place, it is recognized that, since the cost savings belong to the Client, so must the risks belong to the Client. Both the Client and the Engineer recognize that, due to the practical economic limitation on the scope of the investigation, factors that might have affected some of the decisions may remain undiscovered. h'ARRANTY Hallenbeck-McKay & Associates warrant that our services will be performed, within the limits scoped in the attached proposal, with the competence and thoroughness usual to the engineering profession. No other warranty or representation, either expressed or implied, is included or intended in our proposals, contracts, or reports. LIABILITY Our liability to the Client for injury or damage to persons or properties arising out of work performed for the Client and for which legal liability may be found to rest upon us, other than for professional errors and omissions, shall be limited to our general liability coverage. Our liability for any alleged error, omission, or professional shortcoming shall be limited to those acts or alleged acts for which it can be shown that we did not perform with the compe- tence and thoroughness usual to the engineering profession. In the event the Client makes a claim, at law or otherwise, against Hallenbeck-.McKay & Associates for any alleged error, omission, or other acts arising out of performance of our professional services, and the Client fails to prove such claim upon final adjudication or settlement, then the Client shall pay all costs incurred by Hallenbeck-McKay & Associates in defending themselves against the claim, including, but not limited to, personnel-related costs, attorney's fees, court costs, and all other claim-related expenses. We will not be liable for damage, or injury arising from damage, to subterranean structures (pipes, tanks, telephone cables, etc.) , the locations of which are not called to our attention and correctly shown on the plans furnished us in connection with the work performed by us. INVOICES Invoices will be rendered monthly, either as a final or partial'billing, and will be payable upon receipt unless other mutually-acceptable arrangements have been made in advance. Interest at the rate of 1.0% per annum, computed and charged monthly on the unpaid balance, will be pay- able on accounts not paid within 30 days. Attorney's fees or other costs incurred by Hallenbeck- McKay & Associates in collecting any delinquent accounts shall be paid by the Client. Hallenbeck-McKay &Associates o1345 BOARD ACTION NOTE TO CLAI`•L\tiT Sept. 13 , 1977 Claim Atainst the County, ) The cony o6 tU docteneftt maiZed to you is you Routing Endorsements, and ) notice o6 t1te action -taken on youl, cZa.bn by the Board Action. (All Section ) Boe,tcd oS Supe vizotz (Paftagraph III, betotvj, references are to California ) given raututnt to Govetmrent Code Sections 911.8, Government Code.) ) 913, f 915.4. Pteaie note the "cCatr,&!g" betocj% Claimant: Shirley Mulder, 613 Phanor Drive, Richmond, California Attorney: Allan M. Tabor Address: Ryan, Tabor & De Lappe, 680 Beach Street, Suite 324, San Francisco, California 94109 Amount: Unknown via CCC Medical 'Serv. Date Received: August 12, 1977 By delivery to Clerk on Aug._ 12, 1977 By mail, postmarked on I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or Application to File= Late Clain. DATED:Auq. 17, 1977 J. R. OLSSON, Clerk-, By,_- Deputy Jamie L_ Johnson II. FROM: County Counsel TO: Clerk of the Board of -Supervisors (Check one only) ( 'This Claim complies substantially with Sections 910 and 910.2. w' ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed.' Board should take no action (Section 911.2) . ( ) The Board should deny this Application to File a Late Claim (Sect- 11.6) . DATED: r- /f-71 JOHN B. CLAUSEN, County Counsel, By Lam, Deputy II_I. BOARD ORDER By unanimous vote of Supervisors present (Check 'one or:ly) . (XX ) This Claim is rejected in full. ( ) This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DATED: Sept. 20, 1977J. R. OLSSON, Clerk, by—oA/7X" ��tly� Deputy Jamie L. Johnson WARNING TO CLAIINNT (Government Code Sections 911.8 4 913) You have otomy 6 montes Snout the ma ting o6 txM notice to you Ljitjtint to Site a couAt action on t1vL5 &ejectei C&Um (see Govt. Code Sec. 945.0} of 6 moftths Sxom .the de tial oS your App„i.eatiot .to Fite a Late C2a un Ca thin cehich to ne.t.it ion a court Son. ne ti.e5 Strom Section 945.4'4 c&bn-6-i Zing deadEbte (see Section 946.6) . You may .see^ tAc advice n S any a;tonr_ct► c,4 yout choice in constecV oft (Cdtft •trrLZ5 nttLt_te,t. ?j you want to co;tdtue-t an [►tio.ney, vett 5houtd do 40 !.�1trnCd•C^.�CZt/. IV. FROM: Clerk: of the Board TO: (1) County Counsel, (2) County Administrator, G (3) Public I:or;s, Business & Services Division Attached are copies o the above Claim or Application. Ile notified the claimant of the Board's action on this Claim or Application by mailing a copy of 'this document, and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: Sept. 2.1 , 197`7 J. R. OLSSO\, Clerk, SY r�. 1,.=I1t.-<-� ��-��'� ji_-2i% _ Deputy ,T,+ntiC T Tnhnr.nn V. FRO1•1: (1) County Counsel, (2) County Admincstrator, TO: Clerk of the Board (3) Public 11orks of Supervisors Received copies of this Clair or Application and Board Order. DATED: Sept. 21, 1977 County Counsel, ?} County Administrator, By Public I.orks, By 8. 1 0134 r Rev. 3/77 I � 1 Ryan, Tabor 8 De Lapp` SI �' �n . q�� f 680 Beach Street, Suite 324 =t " San Francisco, CA. 94109 (415) 673-2300 F I -i Attorneys for Claimant AUG 12 19177 5 J. s. o:�o� -11 w'IERX BOARD OF Su?ERv:SO.iS 6 C(i\tvy C)SJA CO. 7 S 9 SHIRLEY MULDER, ) 10 Claimant ) 11 vs. ) CLAIM FOR DAMAGES 12 1IRENE BACHAM, employee of ) MARTINEZ COUNTY HOSPITAL- ) 13 COUNTY OF CONTRA COSTA ) 14 15 A. Claimant is Shirley Mulder and lives at 613 Phanor Drive, 16 Richmond, California. 17 B. Notices are to be sent to Ryan, Tabor 6 De Lappe, 680 18 Beach Street, Suite 324, San Francisco, CA. 94109. 19 C. Date, Time and Place: July 19 , 1977 at 11:45 p.m. :chile 20 a patient at Martine,. County Hospital was severely and viciously 21 attacked by a nurse or LVN by the name of Irene, last initial B, 22 (Bacham) , suffering a severe injury to her neck, shoulders and bac' . 23 D. Claimant injured her neck, shoulders and back. 2-i E. Public employees responsible: Irene Bacham, others unknowl. 25 F- AMOUNT OF L-kMAGES: 26 DATED: August 5, 1977 Ryan, Tabor E De Lappe � I RYAN.TA86.*4L15g11#P ' r;,:,,.t Allan' ii. Tabor AStq R+IFv4'SUIT 42 1.•tr !V■ SANE FRANCISCO. .CA941z.; Microfifm� �v SAN FRANCISCO.CA 9t 109 - ^ (.i5)87323W h board order BOARD ACTION � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIF01%\11A Sept. 13 , 1977 NOTE TO CLkPLXINT Clair Against the County, } The copy o p t1' Zz docuument mra_27.to you is you Routing Endorsements, and ) notice 06 fie action tiaLen on yowc ctaZrr by .the Board Action. (All Section ) Soatd os SupeAvizofus (Panagrtaph III, beZoeu), references are to California- . ) . .. given punduartt to Govmzmeftt Code Sec ti.on6 911 .8, Government Code.) ) 913, 5 915.4. P.Zeasa note-the "waxiti.ng" beeow.' Claimant: Shirley :Mulder, 613 Phanor Drive, Richmond, California Attorney: Allan m. Tabor Address: Ryan, Tabor & De Lappe, 680 Beach Street, Suite 324 , San Francisco California 94109 Acrount: Unknown via C.C.0 "Medical Serv. Date Received: August 12, 1977 By delivery to Clerk on Auct. 12, 1977 By mail, postmarked on I. FROM: Clerk of the'Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or Application to File Late Claim. DATED: August 15, 1937 R. OLSSON, Clerk, BY �/L-»t,cr �,✓�,_ ,�,_ Deputy amie L. Johnson H. FROM: County Counsel TO: Clerk of the Board of Supervisors (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. - ( -vl) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should take no action (Section 911.2) . ( ) The Board should deny this Application to File Claim Q .6)T-? . DATED: t� - ��- 7JOHN B. CLAUSEN, County Counsel, B) Deputy I_TI. BOARD ORDER By unanimous vote of Supervisors present (Check*one only) ( X'�q This Claim is rejected in full. ( ) This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. DATED:Seiot. 20 , 1977 J. R. OLSSON, Clerk, by /�i/lnt�f ,y('�-� Deputy 7 -i e T,. Jnhnsnn WARNING TO CLAIN]ANT Government Code Sections 911.8 & 913) You have onty 6 montJa Daom a ng o6 thi6 notice to you within which to 6i2e a count action on thi..a nef ec ted Mim (zee Govt. Code Sec. 945.05) on 6 months 6nom the den.iat o6 you& App cation to FiZe a Late C.Zaim waXun curtich to Petition a eouett boa .%eoi.e' 6n.om Section 945.4'a cWm-6iZing deadZ,ine (bee Section 946.6) . You may seek Sze adv.i.ce o6 any attoicney oa your choice .in connection evi,.th t1us matt en. 16 Jou wmEt to eo)vwXt an attwotey, you shcutd do so .immediateZy. IV. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator, b (3) Public Works, Business b Services Division Attached are copies of the above Claim or Application. We notified the claimant of the Board's action on this Claim or application by mailing a copy of this document,-and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with Section 29703. DATED: Sect. 21 , 1977J. R. OLSSON, Clerk, By c� 1 �Im;,' �-_�'i�iL Deputy ar.ie L. 73F.nson V. FRORI: (1) County Counsel, (2) County administrator, TO: Clerk of the Board (3) Public Works of Supervisors Received copies of this Claim or Application and Board Order. DATED: Sept. 21, 1977 County Counsel, By County Administrator, By Public Works, By Q1M 11 ;�j�((,, 8.1 Rev. 3/77 LL �;1k, .w .QI« SR°R?'-. :•i%L^v-s:T+a..e.-h.#'aX .. y.�i�'St::, vyc'i7... .. �,.....&. .. .."'t°a, ,-. L:_ .- .- .. ,...-r «u '•�� - s 1 ?Zyan, Tabor 6 De Lappe ' 680 Beach Street, Suite 324 2 San Francisco, CA. 94109 (41S) 673-2300 4 Attorneys for Claimant F I „ E s AUG 12 1977 CM BOARD OF SUE9tV15013 7 CONI A CO. 8 9 SHIRLEY MULDER, ) 10 Claimant ) ) 11 vs. 2 CLAIM FOR DAMAGES 12 CONTRA COSTA COUNTY-MARTINEZ ) COUNTY HOSPITAL ) 13 ) 1-� • 15 A. Claimant is Shirley Mulder and lives at 613 Phanor Drive, 16 Richmond, CAlifornia: 17 B. Notices are to be sent to Ryan, Tabor 6 De Lappe, 680 13 Beach Street, Suite 324, San Francisco, CA. 94109. 19 C. Date, Time and Place: Julyl'9. , 1977 at 11:45 p.m. while 20 a patient at Martinez County Hospital was severely and viciously 21 attacked by a nurse or LVN by the name of Irene, last initial 22' B. , suffering a severe injury to her neck, shoulders and back. 23 D. Claimant injured her neck, shoulders and back. 2-1 E. Public employees responsible: Irene B. , others unknown. 25 F. AMOUNT OF DAMAGES: 26 DATED: August 5, 1977 Ryan*, Tabor 6 De Lappe r+ ♦ ,� u A'UG1 1 � 1OJ77 � Allan M. Tabor RYAN.TABOR E DaLAPPE ucAaT=T.A�CRMNE5YS SLAM) Ja'*A" wp!eSAN FAA a,Ylr O� . < BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOR:Is. 30AP.D ACTIO:? 9/13/77 NOTE TO CLAI:`• VT Claim Against the County, ) The copy o6 tltidocune;tt mtcc,c'. to you is u(,,u` Routing Endorsements, and ) notice e6 the action tah_ctz on you)L cf�L.va b1 t;2e Board Action. (All Section ) Soakd eS SupeAvizou (Pa&ag•.a;::t III, beeotw') , references are to California ) given t_LLuuant to Govevur.ent Code Sections 911 .8, Governnert Code.) ) 913, 5 917.4. P.eeme note the "Waakti.ng" beem. Claimant: Sanford Murdock Attorney: Stecsnen Kasdin Address: 2437 Durant Avenue, Suite 204, Berkeley, California 94704 Amount: $10,000.00 Date Received: August 8, 1977 By delivery to Clerk on By nail, postmarked on August 5, I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or Application to File Late Claim. DATED: August 9, 1977J. R. OLSSO\, Clerk, By i Deputy -Patrltia A. 13ei-I II. FROM: County Counsel --:TO:,-.Clerk of the Board of Supervisors (Check one only) �+I ( ) This Claim complies substantially with Sections 910 and 910.2. ( ✓ ) This Claim FAILS to comply substantially^with`Sections 910 and 910.21, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should take no action (Section 911.2) . ( ) The Board should deny this Application to File a Late Claim (Section 911.6) - DATED: 11.6) _DATED: - J - 7 J0:1:NN B. CLAUSEN, County Counsel, By Deputy III. BOARD ORDER By unanimous vote of Supert,isors present (Check one only) (XX ) This Clain is rejected in full. ( ) This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. DATED: Sept. 20, 1977J. R. OLSSON, Clerk, by ,,Lanza ��,�� Deputy Jar:lie L. Johnson _ WARNING TO CLAIMANT (Government Code Sections 911.8 & 913) You have ont y 6 tnont 3 anom the to _&,.J o C tAi,6 notice to you n,.ct.un w1 ie,t to aite a count action on t,-,iA ke eeted C.0-aim (see Govt. Code Sec. 946.6) on 6 morLt'A 6•tom the deaiaZ oS [gout AppU_cation to Fite a Late Ctaun W tthin Which to pets; Zoo a court Seri nea'c' 'aom Sec-aon 9414.4'b ceaun-6-iti.ng deadUne (.see Sectti.ou 946.6) . You may beep -ULe advice ca' ak y a;tt0 u:e! c ' Lyou�: choice in connection Lti-tjL t1L zS maUePi.. I' Lou LVZ:'t 10 CG^•:St«L an e t;`C''re!! you Sheutc' de so IV. FROM: Clerk o the Board �TO: (1) County Ccunsel, (2) County Administrator, .3) Public Works, Business Services Division Attached are copies of the above Clair or application. Ile notified the clamant of the Board's action on this Claim or Application by mailing a co-�y 'of this document, and a memo thcreoC has been r=iled and endorsed on the Boar;l's copy of this Claim in accordance ::it:i Sectio: 29':13. DATED: Sept. 21 , 1977J. R. OLSSO\, Clem:, 5y __1/,Cc �.✓ 'moi, Deputy _ Jamie L. Johnson V. FRUM: (1) County Counsel, (_') County Administrator, TO: Clerk of the Board (5) Public Works of Supervisors Received copies of this Clair., or Application and Board Order. DATED: Sept. 21, 1977 County Counsel, 3y County Administrator, By Public Works, By 8. 1 91051 Rev. 3/77 --- .6 s+ ENDORSED 1 STEPHEN KASDIN F I L E D ATTORNEY AT LAW 2 2437 DURANT AVENUE, SUITE 204 AUG 8 1977 BERKELEY, CALIFORNIA 94704 3 E4153 848-1960 CLERIC WARD OF SU ERVISORS �ONTRA A CO- 4 Attorney for Claimant e ••- ••: s--- 5 6 7 8 9 SANFORD MURDOCK, 10 Claimant, 11 Vs. CLAIM FOR PERSONAL INJURIES 12 CONTRA COSTA COUNTY, 13 Defendant. 14 15 TO: CONTRA COSTA COUNTY BOARD OF SUPERVISORS 651 Pine 16 Martinez, California 17 YOU ARE HEREBY NOTIFIED that SANFORD MURDOCK, whose 18 address is 455 Crescent Street, Oakland, California, claims 19 damages from CONTRA COSTA COUNTY in the amount, computed as of 20 the date of presentation of this claim, of TEN THOUSAND DOLLARS 21 ($ 10,000.00) . 22 This claim is based on personal injuries sustained by 23 SANFORD MURDOCK (hereafter referred to as "Claimant") on or 24 about 13 July 1977 on a road in the Contra Costa County Rehabil- 25 itation Center, off Marsh Creek Road near Clayton, California, 26 County of Contra Costa under the following circumstances: 013512 Microfilmed with board order I On the above-stated date and location and at the hour 2 of approximately 11:30 a.m. , Claimant was a passenger in a pick- 3 up truck owned by Contra Costa County, Vehicle License #E 516745. 4 Said vehicle was operated by MICHAEL DAVIS with the knowledge 5 and permission of employees of Contra Costa County. At said 6 time and place, MICHAEL DAVIS was driving in a negligent and 7 careless manner, thereby causing Claimant to sustain personal g injuries. g The injuries sustained by Claimant, as far as known, 10 consist of injuries to the left hand, little finger, necessitatin 11 surgery. z �e N �a 12 The exact amount of special damages incurred by Claimant a , wr Q Y � Zo 13 to date is unknown and his prospective damages cannot be reason- [L eason-w < 14 ably estimated. The amount of general damages claimed, as of N 1W15 the-date of presentation of this claim is TEN THOUSAND DOLLARS N 16 ($10,000.00) . 17 All notices or other communications with regard to this 18 claim should be sent to Claimant in care of STEPHEN RASDIN, 19 Attorney at Law, 2437 Durant Avenue, Suite 204, Berkeley, Cali- 20 fornia 94704. 21 22 DATED; 4 'August 1977 23 S AW9V1 EPH KASDIN 24 Attorney for Claimant 25 26 -2- 01353 u �«..ro:::�^Y h.: 1. t':.'.J 4f s ..'...: •:-'. . .... ...i.. ..:i r .... �.is_n..%' 1:. .. .. .. - .+'e . ,f„� a BOARD ACTION BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOR.tiIA Seot. 13 , 1977 NOTE TO CLAI t1xNT Claim Against the County, ) The co-y oa' tiui s doctai rt c°nat,_e... to yo1 iz yowt Routing Endorsements, and ) notice oa -die action .taken on yoult ct-a ,.1 by the Board Action. (All Section ) BoaAd of Supenvibolcs (Patagtaph IIT, beeotu}, references are to California ) given pux6uant to Govennunentt Code Section,6911 .8, Government Code.) ) 913, 9 913:4. Ptea.6e note the "wa&ning”�beZocv. -- Claimant: Raiford Malone, 1329 California Avenue, San Pablo, California 94806 Attorney: Jonathan S. Chasan, Address: 2437 Durant Avenue, -Suite 204 , Berkeley, California 94704 Amount: $4 ,500. 00 Date Received: August 10, 1977 By delivery to Clerk on By mail, postmarked on Auq. 8 , 1977 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted Claim or Application to File Late Claim. DATED: August 10, 19'DZ R. OLSSON, Clerk, By . r�. �/�M?/,l�^� Deputy Jamie L. Johnson H. FROM: County Counsel: TO: Clerk of the Board of Supervisors. (Check one only) ( ) This Claim complies substantially with Sections 910 and 910.2. ( t/) This Claim FAILS to';.comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8) . ( ) Claim is not timely filed. Board should take no action (Section 911.2) . ( ) The Board should deny this Application to File a Late Claim Section 911.6) . DATED: 5? - 11- 7-7 JOHN B. CLAUSEN, County Counsel, Bye k \ �( .__-� Deputy II_I. BOARD ORDER By unanimous tote of Supervisors present (Cceck •one only) (XX ) This Claim is rejected in full. ( ) This Application to File Late Claim is denied (Section 911.6) . I certify that this is a true and correct copy of the Boards Order entered in its minutes for this date. DATED: Sept. 20, 1977J. R. OLSSON, Clerk, by �/Cl7rlitZ t � Deputy Jamie f . Johnson WARNING TO CLAIMA,NT Government Code Sections 911.8 & 913 You have o ' y 6 mo prom the maiting o6 thiA notice to yot—LUMin which to Vte a court action on Chia nejeeted CZaim (bee Govt. Code Sec. 945.6) of 6 months jtom the den of e o6 youa Appt i.cat i.on to Fite a Cate Claim within wl'i i.ch to petition a c.ow%t 6oh neZi.e' 6-tom Section 945.4'b cZa m-6.iting deadline (bee Section 946.6) . you may bee, tee" advice o6 any a ttotniey o5 yours choice in connection t rift this matien. 16 youyicitt to eon6utt cut atto`ney, you aheu.Zd do -so •tmmed•iateZcf. IV. FROM: Clerk of the Board TO: (1) County Counsel, (2) County Administrator, (3) Public Worms, Business & Services Division Attached are copies of the above Claim or Application. We notified the claimant or the Board's action on this Claim or Application by mailing a copy of this document,-and a memo thereof has been filed and endorsed on the Board's copy of this Claim in accordance with .Section 1.9703. DATED: Sett. 21 , 1977J. R. OLSSON, Clerk, By / '•'" C `�'� ��!j,;,, .rte-? Deputy Jamie L. Johnson V. FROM: (1) County Counsel, (2) County administrator, TO: - Clerk of the Board (3) Public Works of Supervisors Received copies of this Claim or Application and Board Order. DATED: Sept. 21, 1977 County Counsel, By County Administrator, By Public h;or�s, By E'15_1 8.1 Rev. 3/77 I �...-rcae/` ^ �,7 .::.,... •Z s<n>zix.�.;ca . . ^w"�^.,. _ .._.c_ .... - �'.. :�'a w. 1a ... ... .. s. ., .rc iF.> _. rt�°�Yi� �r Fpg `� y JONATHAN S. CHASA.N ENDORSED I 2437 Durant Avenue, Suite 204 2 Berkeley, CA 94704 1 L Ly 415/848-1960 3 Attorney for Claimant AUG 10 1977 4 CLERK BOARRD OF SUUPERVISORS CONT C STA CO. s 1 6 7 8 9 RAIFORD MALONE, Claimant, 10 CLAIM FOR PERSONAL VS. INJURIES [False 11 COUNTY OF CONTRA COSTA, Imprisonment] 12 Defendant. / 13 14 O: BOARD OF SUPERVISORS 1$ CONTRA COSTA COUNTY 16 MARTINEZ, CALL ORNIA 17 YOU ARE HEREBY NOTIFIED that RAIFORD MALONE, whose address is is 1329 California Avenue, San Pablo, CA 94806, claims damages 19 from the County of Contra Costa in the amount, computed as of the 20 date of presentation of this claim, of FOUR THOUSAND, FIVE HUNDRED 21 Dollars ($4500) 22 The date, place and other circumstances of the occurrence 23 or transaction that give rise to this claim are as follows: 24 Claimant appeared in Municipal Court, Mt. Diablo Judicial 25 District, before the Eon. Notmarn Spellberg, .:udge on April 18, 26 1977 upon citation. At said time and place, the court informed claimant that no criminal complaint had been filed against 27 28 him and that claimant was "released, we won't set the matter. " 1' Q135a Microfilmed with board order u . 77 r 1 A copy of the transcript of the proceedings held on April 18, 2 1977 before Judge Speilberg is attached to this claim and 3 incorporated herein by reference. 4 On the evening of May 6, 1977 while claimaint was eating 5 dinner with his family, two squad cars of the San Pablo Police 6 Department knocked on his door and, after handcuffing him in 7 the presence of his family and neighbors, proceeded to take, 8 claimant into custody pursuant to a warrant authorizing. claim- 9 ant' s arrest for failure to appear in court on April 18, 1977. 10 In fact, as the transcript demonstrates, claimant had 11 appeared in court but the District Attorney had not.. 12 Claimant contends that the negligent and wrongful 13 issuance or transmission of the warrant, and/or the negligent 14 and wrongful transmission of information which led to the 15 issuance of the warrant, was the actual and proximate cause of 16 claimant's arrest and detention. 17 The names and addresses of the public employees causing the 18 damages to claimant are unknown at this time. 19 So far as' is known at the present time, claimantls • damages 20 arising ou' of "the false imprisonment consist of humiliation, 21 embarassment, and emotional distress. 22 The exact amount of special damages incurred by claimant 23 is unknown at this time. The amount of general damages claimed 24 as of the date of presentation of this claim, is $4500. 25 All notices or other communications with regard to this 26 claim should be sent to claimant in -care of JONATHAN CHASAN, 27 2437 Durant Avenue, Suite 204, Berkeley, CA 9470)4 . 28 Dated: August 8, 1977 +. / G. JONATHA-N CHASAN old) v e,-..�-:. .. .. .. .... .. ±' _._..........._ ....,...,...._..............vis. _. d. 1 2 3 4 5 6 S IH. THE MUNICIPAL COURT OF THE MT. DIAELO JUDICIAL DISTRIC`:'' 9 COMM OF CONTRA COSTA, STAT: OF CALIFORNIA 10 BEFORE HONORABLE NOWNIAN SPELLSERC, JUDGE, Presiding 11 ---000--- 12 THE PEOPLE OF THE STATE OF CALIFORNIA, ) 13 Plaintiff.. ) 14 versus ) NO. 15 RAIFORD LEE ::AME, ) 16 Defendant. ) } 17 ) 18 19 TRA:iSCRIPT Cr PRC..C1:"D_I'.1,S 20 APRIL lo, 1977 21 APPEARANCES' : 22 For the People: NO APPEARANCE 23 For the Defendant: IN PROPRIA. PERS014A 24 25 26 27 28 CAROLE PHELPS CERTIFIED SHORTHAND REPORTER /�� LICENSE NO.IM 0 [. ,:.y x.,, .+w t �.•-f;l r •6x+d'3.. 4: ... AJC.m..at-. .. W�.r3 .s45.. � �Q I� ''�r' APRIL 18, 1977 2 THE COURT: Raiford Lee ?.-!alone. No complaint has 3 been filed. In view of the fact you are released, vie 4on't 4 reset the matter. If he decides to file, he will. 5 6- 7- 8 7•8 9 10 11 - 12-- 13 14 15 16 " 17 18 19 • 20 21 22 23 24 25 26 27 28 2 - CAROLE PHELPS 011358 CERTIFIED SHORTHAND REPORTER LICENSE NO.15BZ In the Board of Supervisors of Contra Costa County, State of California September 20 , 1977 In the Matter of Notice of Public Hearings 0. on State Water Project Operational Criteria. The Board on September 12, 1977 having received a notice of public hearings by the State Department of Water Resources on "Operational Criteria for the State Water Project, December -1, 1977, to December 31, 1978, " said hearings to be held October 11, 1977 in Los Angeles, October 13, 1977 in San Francisco and October 14, 1977 in Sacramento; advising that written statements may be submitted by October 20; and further advising that copies of the proposed operational criteria are available; IT IS BY THE BOARD ORDERED that the aforesaid information is REFERRED to the Public Works Director. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Public Works Director Witness my hand and the Seal of the Board of • Environmental Control Supervisors County Administrator affixed this 20thday of September , 1977 County Counsel J. R. OLSSON, Clerk By, / -- tee `- �j�t ,%f�1 f, Deputy Clerk Helen C. Marshall X41359 . H-24 3/76 15m - r l � In the Board of Supervisors of Contra Costa County, State of California September 2p, , 19 1Z In the Matter of Detention Facility Project, Approve Addendum 1 , Metal Decking, (Proj. No. 5269-926-(45)) WHEREAS addendum 1, Metal Decking, (Proj. No. 5269-926-(45)) modifying plans and specifications for the Detention Facility Project previously approved has been filed with the Board this day by the Public Works Director; and WHEREAS the Board CONCURS in the recommendation of the Public Works Director that the addendum be approved and issued: IT IS BY THE BOARD ORDERED that said addendum is hereby APPROVED and the Public Works Director is ORDERED to issue said addendum. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid.* Witness my hand and the Seal of the Board of Originator: Public Works Department Supervisors , Detention Facility Projec'�ffixed this 'r)-'r day of 19 zz J cc: County Administrator County Auditor-Controller J. R. OLSSON, Clerk Public Works Director By ;'^ L`� (� Deputy Clerk County Counsel / 01360 H-24 3170 Ism _ .t ADDENDUM NO. 1 DETENTION FACILITY METAL DECKING Project No. 5269-926=(45) Dated September 20, 1977 The following information should be noted in reviewing this Addenda: 1 . The Bid receipt date remains unchanged. 2. This Addendum must be acknowledged when you submit your Bid Proposal . 01361 Gtsatx'.° -:c-',-,... '.<•'sw..ir. E ,..r.f+. :•.1 a'.',.�}..x. .n.+art -. .4s' art..h.w logo= w CONTRA COSTA COUNTY DETENTION FACILITY Martinez, California Detention Facility Metal Decking Project No. 5269-926-(45) Addendum No. 1 September 20, 1977 The following revisions and/or clarifications shall be made part of the Contract Documents and shall be taken into consideration when submitting . bids. This Addendum shall be a part of the Contract Documents. This Addendum includes revisions of edge conditions and dimensional changes. Revised Drawings are issued .as part of this Addendum as follows: S10.1 - Revision 1 dated September 19, 1977 S10.2 Revision 1 - dated September 19, 1977 S10.3 - Revision I - dated September 19, 1977 510.4 - -Revision 1 - dated September 19, 1977 S10.5 - Revision l - dated September 19, 1977 S10.6 Revision 1 - dated September 19, 1977 i 510.7 Revision 1 - dated September 19, 1977 S10.8 - Revision 1 - dated September 19, 1977• S10.9 - Revision 1 - dated September 19, 1977 S10.10 - Revision 1 - dated September 19, 1977 S10.11 - Revision 1 - dated September 19, 1977 1 **END OF SECTION** 013b-Z i A. BOARD OF SUPERVISORS, C0W[t-k COSTA COUNTY, CALIFORNIA Resolution Calling a Maximum ) Tax Rate Increase Election ) in County Service Area M-23, ) RESOLUTION NO.77/76 7 San Ramon Area ) (R.fT.C. £§ 2265, 2286(a) and . 2287, 2288 Gov. C § 25210.18) The Board of Supervisors of Contra Costa County RESOLVES that: The Board of Supervisors, on June 14, 1977, by Resolution No. 77/477 (approv- ing the Blackhawk Boundary Reorganization #2) established without election County Service Area M-23, San Ramon Area, to provide the extended County services of street lighting, landscape maintenance, open space, maintenance, drainage main- tenance and parks and recreation services, This Board has• received a letter from the owner of all interests in real property located within County Service Area M-23 which waives said owner's rights to notice, publication, time, ballot arguments and impartial issue analysis for this election (see letter, labeled Appendix "A", attached hereto and incorporated herein by this reference)-. NOW, THEREFORE, BE IT RESOLVED that pursuant to Revenue and Taxation Code §§ 2265 and 2286(b), a maximum tax rate election is hereby called .for County Service Area M-23. The election shall be by mailed ballot and shall determine whether or not the present maximum tax rate for County Service Area M-23 will be increased from $0.00 per $100 of assessed valuation (including improvements) to a maximum tax rate of $0.70 per $100 assessed valuation (including improvements) for the fiscal year 1978-79 and thereafter until changed as provided by law. Any tax rate levied shall be levied only within said Service Area. BE IT ALSO RESOLVED that because of said waiver letter and because the public health and local needs of this County require that residential subdivisions be assured of an adequate financial source for the maintenance of their common areas, the maximum tax rate election is set for September 27, 1977, one week from today. BE IT ALSO RESOLVED that the County Clerk is hereby AUTHORIZED and DIRECTED to take all steps necessary to conduct said maximum tax rate election and further that when the Elections Supervisor mails the ballots for said election to the address indicated on the attached Appendix "A", he shall provide a copy of his forwarding letter to the Public Works Department, the Administrator's Office and County Counsel's Office. PASSED on September 20, 1977, unanimously by Supervisors present. cc: Public Works (4) County Clerk (Elections) Director of Planning 01363 RESOLUTION NO. 77/767 r August , 1977 Board of Supervisors County of Contra Costa - County Administration Building Martinez, California 94553 Dear Sirs: The undersigned declare that they are the duly authorized agents of the owner of all interest in the real property located within the boundaries fo- Contra Costa County Service Area M-23. The undersigned also fleciare that the owners of said property hereby request that the Board of Supervisors call a maximum tax rate election by mail ballots for said service area so that the Conditions of Approval for Subdivisions 4878, 4962, and 4963 can be complied with and the final map recorded. In order to allow this election to be conducted as soon as possible the undersigned are authorized to and do hareby waive all rights the owners of said parcel may now have under Section 2285 et seq. of the Revenue and Taxation Code and all provisions of the Elections Code to notice, publiction, time pro and con arguments and imparital analysis of issues in said election. The undersigned make this waiver on the condition that they will be provided with ballots for said election prior to the date set for it by the Board of Supervisors, and request that said ballots be mailed to Blackhawk Corporation, and Cal-Land Investment Company, c/o Daniel Van Voorhis, Esq. , 1855 Olympic Blvd. , zC111, 19alnut Creek, California 94596. I declare under penalty of perjury. that the foregoing is tIru-e and coxrect_ Executed this sC da of August, 1977 at ( 1.x11'k , California. JOEL HRENK NZ Gene Partner for Cal-Lan A sociate: A Ca ornia Limited Partne ip EN SCH30MR, President of BLACMIIVK CORPORATION 1871 Blackhawk Road Danville, California 0136.1 APPENDIX A In the Board of Supervisors of Contra Costa County, State of California September 20 19 77 In the Matter of Approval of Project Number AGR-NDA-44126 (County #29-406-5) Discovery Program Augmentation IT IS BY THE 'BOARD ORDERED that its Chairman is AUTHORIZED to execute Project Number AGR-NDA-44126 (County #29-406-5) for $58,255 in Federal 409 grant funds through the State Office of Narcotics and Drug Abuse (SONDA) for augmentation for the County Discovery Program for the period December 1, 1977 to November 30, 1978. PASSED BY THE BOARD on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Human Resources Agency Witness my hand and the Seal of the Board of Supervisors Attn: Contracts & Grants Unit Su p cc: County Administrator affixed this 20thday of Ser)tember 19 County Auditor-Controller 77 County Medical Services/ Mental Health J. R. OLSSON, Clerk `.�� State Office of 8� t�► % / �� Deputy Clerk Narcotics & Drug Abuse i axing M. NeLiffeld 11 -24 3/76 15m r _ ❑ CONTRACTOR ' S'rANDARD AGREEMENT APTTORNEY GENERA ❑ STATE AGENCY STATE OF,CALIFORNIA STO. � tk,V. 11/75! ❑ DEPT. OF GEN. SER. ❑ CONTROLLER THIS AGREEMENT, made and entered into this lst day of J"u-ra 19 77 , ❑ in the State of California, by and between State of California, through its duly elected or appointed, ❑ qualified and acting ❑ Project No. AGR-NDA-44126 TITLE OF OFFICER ACTING FOR STATE AGENCY rIUMBER Chief, Program Services Branch Department of Health hereafter cafied the State,and ^ 9 M y 0 6 e CONTRA COSTA COUNTY �/++,/ !� 3 hereafter called the Contractor. 44ITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,time for performunce or completion,and attach plans and specifications,if any.1 1. The attached Exhibit "A(F)" entitled, "Additional Provisions", is made a part hereof by this reference. 2. The attached Exhibit "B" entitled, "Budget", is made a part hereof by this reference. 3. Contractor shall provide drug abuse prevention services as described in the attached Ekhdbit "C" entitled, "Scope of Work", which is made a part hereof by this reference_ 4. The attached Exhibit "D" entitled, "Maintenance of Effort Requirements", is made a part hereof by this reference. 5. The attached Exhibit "E" entitled, "Discovery Center Aide Project", is made a part hereof by this reference. (continued on next page) The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CO. RAC ? (I TNER TM A!1 AV INDIVIDUAL. +TATE ..ETHER A CONPD.ATION Department of Health TACO : E- OUNTY DY (AUTHORIZED SIGNATURE) z BY AUT TURE1 N. Boggess -1 T L E CHIEF, PROGRAM T L E SERVICES BRANCH Chairman, boar f Su erviso P 2 U 1977 ADDRESS 'CONTINUED ON—l—sHEETS. EACH REARING NAME OF CONTRACTORi 651 Pine Street Martinez, CA 94553 Department of Genual Services AMOUNT EtICUMBEREO APPROPRIATION FUND Use ONLY S 58,255.00 UNENCUM8F REO BALANCE ITCHCN AFTER STATUTES FISCAL YEAR S AJl_ 1NC.E ASING EVCJv IPAVCE FUNCT.ON ADJ. 1•CC'1CAy1Nr CNCUA•NRA%CC LING IT£\% AL LJ T1•ENT !S 1 hereby certify upon my own personul knowledge that budgeted fund T.B.A. NO. B-R. NO. 11urp available jOr thh periA crud purpose of t?!e exper:diture stated above �SIGNATORE OF ACCOUNTIN41 0F71==R OA TE II, f hereby certify that all conditions for exemption set forth in State Administrative Sianual Section 1209 have been complied with and this document is exempt from review by the Department of Finance. SIGNATURE OF OFFICER SIGNING F13F THE AGENCY OATE 00. j Microfilmed wit boa i J L., .- 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and-employees from any and till claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplyi work,services,materials er supplies in connection with the performance of this contract, and from anv and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. ?. The Contractor, and the agents and emp,ovees of Contractor, in the performance of this agreement, shall act in ail'independent capacity arid not as"officers or employees or ;igents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any.consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed.with the .cork in any manner deemed proper by the State. The cost to the State shall be deducted from anv Burn due the Contractor under this agreement, and.the balance, if.any, shall he paid the Contractor upon demand. f. Without the written consent of the State, this agreement'is not .assignable by Contractor either in whole or in part. 5. Time is the essence of this agreement. 6. No alteration or variation of the terms of this contract 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. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. 0136.7 „a;fir',..T:NEW yam. --.W Y.r.t•..ic%..�iY .... _..... .... f`�.ita .b 1=M1 CONTRA COSTA COUNTY Project No. AGR-NDA-44126 Page 2 5. The Project Director shall submit an initial written progress report to the State during the ninth week after the effective date of the contract and bimonthly thereafter during the contract period. The report shall include but not be limited to a description of the Contractor's progress in implementing the contract, a cumulative description of the work and services provided under the terms of the contract, any difficulties or special problems, any pertinent facts or interim findings, and a state- ment that the Contractor is or is not progressing satisfactorily in achieving all the terms of the contract. The Contractor shall also submit a final report to the State which shall include but not be limited to an evaluation of the quantity, quality, and impact of the work under- taken pursuant to this contract. 6. The period of this contract shall be from December 1, 1977 through November 30, 1978. 7. The total amount payable by the State to the Contractor under this contract shall not exceed $58,255.00. 8. The provisions of Exhibit "A(F)” notwithstanding Contractor shall submit any subcontracts to the State for review and approval prior to implementation, Upon termination of any subcontract, the State shall be notified immediately. 9. Chris Benevent is designated the Project Director. The State reserves the right to approve any substitute Director. 10. In consideration of the above services performed in a manner acceptable to the State, the State shall reimburse the Contractor no more frequently than monthly, in arrears, upon submission of an invoice in triplicate stating the contract number, for actual expenditures in accordance with the Budget (herein contained) (attached hereto and shown as Exhibit "B") , to: State Department of Health, Division of Substance Abuse, 714 P Street, Room 1050, Sacramento, CA 95814. The Contractor may make changes in any individual line item in the budget, provided that such changes in the aggregate as to any line item shall not exceed $2,000; that the Contractor submit an explanation of the need for such excess w_th the claim for reimbursement and to specifically identify the line item(s) to be reduced in order to increase the excess item(s) and provided further that the State reserves the right to deny any such claim for any excess reimbursement on any item, It is further understood that in no event shall the maximum amount payable under this agreement exceed the maximum amount specified in paragraph 7 of this agreement. 11. This contract may be terminated by either party with thirty (30) days prior written notice. 01365 a R -07 Exhibit A(F) STATE OF CALIFOKNIA f DEPARTMENT OF HEALTH ADDITIONAL PROVISIONS (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of the Equal Opportunity clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice, to be provided by the agency Contracting Officer, advertising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Federal Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Federal Executive Order No. 11246 of September 24, 1965, and by the rules,regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the discrimination clause of this contract or with any of such Federal rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further State contracts in accordance with procedures authorized in Federal Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Federal Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7) in every snbc-ontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Federal Executive Order No. 11246 of Sepre:n'ecr 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contactor will take such action with respect to any subcontract or purchase order as the State may direct as a 01369 HAS 1197(4176) a means of enforcing such provisions including sanctions for noncompliance — provided, however, , that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the State, the Contractor may request in writing to the State, who, in turn, may request the United States to enter into such litigation to protect the interests of the State and of the United States- ( S) Any reimbursement for necessary traveling expenses and per diem shall be at rates not to exceed those applicable to regular State employees under State Board of Control rules. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State- ( 9) All equipment, material, suppLes, or property of any kind purchased from funds advanced or reimbursed under the terms of this agreement and not fully consumed in the work described herein shall be the property of the State.At the time of purchase of equipment under the terms hereof the Contractor shall submit a list of such equipment in accordance with the instructions and format contained in the attached Exhibit A-1. Contractor shall at the request of the State, submit an inventory of equipment purchased under the terms of this contract or any predecessor contract for the same purpose. Such inventory will be required not more frequently than annually. At the close of the project covered by this agreement the Contractor shall provide a final inventory to the State and shall at that time query the State as to the disposition of said equipment. Final disposition of such equipment shall be in accordance with instructions from the State to be issued immediately after receipt of the final inventory and request for disposition instructions. (10) Prior authorization in writing by the State will be required before the Contractor will be reimbursed for any purchase order or subcontract exceeding $1,000 for any articles, supplies, equipment or services or for any fee, or other payment, for consultation of one hundred fifty dollars ($150) or more per day. The Contractor must provide in its request for authorization all particulars necessary for evaluation of the necessity or desirability of incurring such cost, and as to the reasonableness of the price or cost. For purchase of any item exceeding such minimum dollar amount, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. The Contractor must include in a written agreement with the vendor, or the subcontractor the following clause: "Name of Vendor or Subcontractor) agrees to maintain and preserve, until three years after termination of (Contractor's name)'s agreement with the State of California, and to permit the State of California or any of its duly authorized representatives to have access to and to examine and audit any pertinent books, documents, papers and records of (Name of Vendor or Subcontractor) related to this (purchase order) or(subcontract)." The terms "purchase order" and "subcontract" as used in this paragraph (10) onl;, excludes: (a) purchase orders not exceedin- $1,000; and (b) subcontracts or purchase or;:crs for public utility services at rates established for uniform applicability to the general public. (11) All personnel employed by the Contractor under this contract shall meet the standards of training and experience required for comparable positions in State employment, as determined by the State. If the Contractor maintains a Iocal merit or civil service system, then the personnel employed under the budget shall be subject thereto, providing such local system is generally comparable to standards with the State civil service system as determined by the State. -2- 01370 I/K :x>w ..., ,ti_,...-Y,,.,ir_ . ..a. .•C:a.,: ;'_ .'.C'6.s .-.Y_ ..c";::.:- i.. .. . . _ ;,+,t AAW A Exhibit A (F) (12) Examination of Records (a) The Contractor agrees to maintain books, records, documents, and other evidence pertaining to the costs and expenses of this contract (hereinafter collectively called the "records") to the extent and in such detail as will properly reflect all net costs,direct and indirect, of labor, materials, equipment, supplies and services and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this contract. (b) The Contractor agrees to make available at the office of the Contractor at all reasonable times during the period set forth in subparagraph (c) below any of the records for inspection, audit or reproduction by an authorized representative of the State. (c) The Contractor shall preserve and make available his records(i) for a period of four years from the Cate of final payment under this contract, and (ii) for such longer period, if any, as is required by applicable statute, by any other clause of this contract, or by subparagraphs 1 or 2 below. 1. If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement. 2. Records which relate to (i) litigation or the settlement of claims arising out of the performance of this contact, or (ii) costs and expenses of this contract as to which exception has been taken by the- State or any of its duly authorized representatives, shall be retained by the Contractor until disposition of such appeals,litigation, claims, or exceptions. (d) Except for the records described in subparagraph (c) 2 above, the Contractor may in fulfillment of his obligation to retain the records as required by this clause substitute photographs, microphotographs, or other authentic reproductions of such records, after the expiration of two years following the last day of the month of reimbursement to the Contractor of the invoice or voucher to which such records relate, unless a shorter period is authorized by the State or its duly authorized representative. (13) A final invoice and, if required by this contract, a final report shall be submitted by the contractor within 45 days after the termination date hereof except as may be otherwise specified herein. If a final report is required by this contract final payment hereon shall be withheld until after receipt by the State of an acceptable report. (14) Any inventions made in the course of or under this contract shall be promptly and fully reported to the Chief Deputy Director, California State Department of Health. Patent applications shall not be filed on such inventions without the prior written consent of the aforementioned individual. (15) Officials Not to Benefit No member of or delegate to Congress or the State Legislature shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 013'71 - 3 - (16) Covenant Against Contingent Fees ; The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the State shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission,percentage, brokerage, or contingent fee. (17) Inspection The State, through its authorized representatives, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. (18) Nondiscrimination in Services, Benefits,and Facilities The Contractor will not discriminate in the provision of services because of race, color, creed, national origin,sex,age,or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d, rules and regulations promulgated pursuant thereto, or as othenvise provided by state and federal law. For the purpose of this contract, distinctions on the grounds of race, color, creed, or national origin include but are not limited to the following: denying_a participant any service or benefit or availability of a facility;providing any service or benefit to a participant which is different, or is provided in a different manner or at a different time from that provided to other participants under this contract;subjecting a participant to segregation or separate treatment in any matter related to his receipt of any service;restricting a participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit; treating a participant differently from others in determining whether he satisfied any admission, enrollment quota, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any service or benefit; the assignment of times or places for the provision of services on the basis of the race, color, creed, or national origin of the participants to be served. The Contractor will take affirmative action to ensure that intended beneficiaries are provided services without regard to race,color, creed,national origin, sex, age, or physical or mental handicap. (19) Procedure for Complaint Process The Contractor agrees that complaints alleging discrimination in the delivery of services by the contractor or his or her subcontractor because of race, color, national origin, creed, sc x, age, or physical or mental handicap, will be resolved by the State through the Department of Health's affirmative Action Complaint process. -4- 013`72 Jp Exhibit A(F) (20) Notice of Complaint Procedure The Contractor shall, subject to the approval of the Department of Health,establish procedures under which recipients of service are informed of their rights to file a complaint alleging discrimination or a violation of their civil rights with the Department of Health. (21) Only Applicable to Hospitals The Contractor will not discriminate against the intended beneficiaries of funds monitored by the State because of race, color, creed, national origin, or sex, in accordance with Title VI of the Civil Rights Act of 196", 42 U.S.C_ § 2000d, rules and regulations promulgated pursuant thereto, or as otherwise provided by law. The Contractor will take affirmative action to ensure that intended beneficiaries are provided services without regard to race, color, religion, sex, or rational origin. Such action shall include, but not be limited to the following: advertisement conspicuously displayed advising the public that emergency health services are available without regard to race, color, religion,sex,or national origin and without regard to ability to pay. (22) Only Applicable to Hospitals Accepting Medi-Cal Patients The Contractor will not discriminate against the intended beneficiaries of funds monitored by the State because of race, color, religion, sex, or national origin in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, rules and regulations promulgated pursuant thereto, or as otherwise provided by law. The Contractor will take affirmative action to ensure that intended beneficiaries are provided services without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: advertising conspicuously displayed advising the public that Medi-Cal services are available to the public without regard to race, color,religion,sex, or national origin. 013': 3 -5- 1. Exhibit A(F) STATE OF CA11FORNLA DEPARTMENT OF HEALTH ADDITIONAL PROVISIONS (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, :eLgion, sex or national origin. The Contractor will take aftirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national oriavin. Such action shall include, but not be limited to the following: employment, upgrading demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of the Equal Opportunity clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex or national origin. (3) The Contractor will send-to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice, to be provided by the agency Contracting Officer, advertising the Iabor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Federal Executive Order No. 112165 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Federal Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the discrimination clause of this contract or with any of such Federal rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further State contracts in accordance with procedures authorized in Federal Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Federal Executive Order No. 11246 of September 24, 1965, or by rule, rc._ lation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Federal Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the State may direct as a 01M HAS 1197 (4176) i — ---ay.., ......., � .:�c psi--s7. t.,�':_.. . ;:x=. . _. �v:�"�• means of enforcing such provisions including sanctions for noncompliance — provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the State, the Contractor may request in writing to the State, who, in turn, may request the United States to enter into such litigation to protect the interests of the State and of the United States. ( S) Any reimbursement for necessary traveling expenses and per diem shall be at rates not to exceed those applicable to regular State employees under State Board of Control rules. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. ( 9) All equipment, material, supplies, or property of any kind purchased from funds advanced or reimbursed under the terms of this agreement and not fully consumed in the work described herein shall be the property of the State.At the time of purchase of equipment under the terms hereof the Contractor shall submit a list of such equipment in accordance with the instructions and format contained in the attached Exhibit A-1. Contractor shall at the request of the State, submit an inventory of equipment purchased under the terms of this contract or any predecessor contract for the same purpose. Such inventory will be required not more frequently than annually. At the close of the project covered by this agreement the Contractor shall provide a final inventory to the State and shall at that time query the State as to the disposition of said equipment. Final disposition of such equipment shall be in accordance with instructions from the State to be issued immediately after receipt of the final inventory and request for disposition instructions. (10) Prior authorization_in writing by the State will be required before the Contractor will be reimbursed for any purchase order or subcontract exceeding $1,000 for any articles, supplies, equipment or services or for any fee, or other payment, for consultation of one hundred fifty dollars ($150) or more per day. The Contractor must provide in its request for authorization all particulars necessary for evaluation of the necessity or desirability of incurring such cost, and as to the reasonableness of the price or cost. For purchase of any item exceeding such minimum dollar amount, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. The Contractor must include in a written agreement with the vendor, or the subcontractor the following clause: ";fame of Vendor or Subcontractor) agrees to maintain and preserve, until three years after termination of (Contractor's name)'s agreement with the State of California, and to permit the State of California or any of its duly authorized representatives to have access to and to examine and audit any pertinent books, documents, papers and records of (Name of Vendor or Subcontractor) related to this (purchase order) or(subcontract)." The terms "purchase order" and "subcontract" as used in this paragraph (10) only, excludes: (a) purchase orders not exceeding $1,000; :and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. 01) All personnel employed by the Contractor under this contract shall meet the standards of training and experience required for comparable positions in State employment, as determined by the State. If the Contractor maintains a local rnerit or civil service system,then the personnel employed under the budget shall be subject therero, providing such local system is generally comparable to standards with the State civil service system as determined by the State. -2- 013'r:� Exhibit A (F) (12) Examination of Records (a) The Contractor agrees to maintain books, records, documents, and other evidence per-mining to the costs and expenses of this contract (hereinafter collectively called the `.records") to the extent and in such detail as will properly reflect all net costs,direct and indirect, of labor, materials, equipment, supplies and services and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this contract. (b) The Contracror agrees to make available at the office of the Contractor at all reasonable times during the period set forth in subparagraph (c) below any of the records for inspection, audit or reproduction by an authorized representative of the State. (c) The Contractor shall preserve and make available his records(i) for a period of four years from the date of final payment under this contract, and (ii) for such longer period, if any, as is required by applicable statute, by any other clause of this contract, or by subparagraphs 1 or 2 below. 1. If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement. 2. Records which relate to (.;) litigation or the settlement of claims arising out of the performance of this contract, or (ii) costs and expenses of this contract as to which exception has been taken by the State or any of its duly authorized representatives, shall be retained by the Contractor until disposition of such appeals, litigation, claims,or a;.ceptions. (d) Except for the records described in subparagraph (c) 2 above, the Contractor may in fulfillment of his obligation to retain the records as required by this clause substitute photographs, microphotographs, or other authentic reproductions of such records, after the expiration of two years following the last day of the month of reimbursement to the Contractor of the invoice or voucher to which such records relate,.unless a shorter period is authorized by the State or its duly authorized representative. (13) A final invoice and, if required by this contract, a final report shall be submitted by the contractor within 45 days after the termination date hereof except as may be otherwise specified herein. If a final report is required by this contract final payment hereon shall be withheld until after receipt by the State of an acceptable report. (14) Any inventions made in the course of or under this contract shall be promptly and fully reported to the Chief Deputy Director, California State Department of Health. Patent applications shall not be filed on such inventions without the prior written consent of the aforementioned individual. (13) Officials Not to Benefit No member of or delegate to Congress or the Slate Legislature srsIt be admitted to any share or p rt of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 013'76 - 3- (16) Covenant Against Contingent Fees The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warrant•, the State shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. (17) Inspection The State, through its authorized representatives, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. (18) Nondiscrimination in Services, Benefits,and Facilities The Contractor will not discriminate in the provision of services because of race, color, creed, national origin,sex,age, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d, rules and regulations promulgated pursuant thereto, or as otherwise provided by state and federal law. For the purpose of this contract, distinctions on the grounds of race, color, creed, or national origin include but are not limited to the following: denying-a participant any service or benefit or availability of a facility;providing any service or benefit to a participant which is different, or is provided in a different manner or at a different time from that provided to other participants under this contract;subjecting a participant to segregation or separate treatment in any matter related to his receipt of any service;restricting a participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit; treating a participant differently from others in determining whether he satisfied any admission, enrollment quota, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any service or benefit; the assignment of times or places for the provision of services on the basis of the race, color, creed, or national origin of the participants to be served. The Contractor will take affirmative action to ensure that intended beneficiaries are provided services without regard to race, color, creed, national origin, sex, age, or physical or mental handicap. (19) Procedure for Complaint Process The Contractor agrees that complaints alleging discrimination in the delivery of services by the contractor or his or her subcontractor because of race, color, national origin, creed, srs, agr, or physical or mental handicap, will be resolvrd by the State through the Department of Health's Affirmative Action Complaint Process. 013'1 1 -4- Exhibit A(F) (20) Notice of Complaint Procedure The Contractor shall, subject to the approval of the Department of Health, establish procedures under which recipients of service are informed of their rights to file a complaint alleging discrimination or a violation of their civil rights with the Department of Health. (21) Only Applicable to Hospitals The Contractor will not discriminate against the intended beneficiaries of funds monitored by the State because of race, color, creed, national origin, or sex, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, rules and regulations promulgated pursuant thereto, or as otherwise provided by law. The Contractor will take affirmative action to ensure that h--itended beneficiaries are provided services without regard to race, color, religion,sex, or national origin. Such action shall include, but not be limited to the following: advertisement conspicuously displayed advising the public that emergency health services are available without regard to race, color, religion, sex,or national origin and without regard to ability to pay. (22) Only Applicable to Hospitals Accepting Medi-Cal Patients The Contractor will not discriminate against the intended beneficiaries of funds monitored by the State because of race, color, religion, sex, or national origin in accordance with Title VI of the Crlil Rights Act of 1964, 42 U.S.C. § 2000d, rules and regulations promulgated pursuant thereto, or as gthervise provided by law. The Contractor will take affirmative action to ensure that intended beneficiaries are provided services without regard to race, color, religion,sex, or national origin. Such action shall include, but not be limited to the following: advertising conspicuously displayed advising the public that Medi-Cal services are available to the public without regard to race, color, religion,sex, or national origin. 01378 CONTRA COSTA COUNTY Exhibit B Project No. AGR-NDA-44126 BUDGET Amount Requested PERSONAL SERVICES Discovery Aide at $688-825/mo. $ 9,700.00 Discovery Aide at $688-825/mo. 9,700.00 Discovery Aide at $688-825/mo. 8,694.00 Discovery Aide at $688-825/mo. 8,694.00 Fringe Benefits C 23% (FICA, Retirement, 8,461.00 (Worker's Comp, Health Insurance, etc. SUBTOTAL PERSONAL SERVICES $45,249.00 OPER.ATIING EXPENSES Travel & Other (Training Costs) $ 2,847.00 Books and Subscriptions 200.00 Recreation Supplies 250.00 Administration and Overhead (20% Direct) 9,709.00 SUBTOTAL OPERATING EXPENSES $13,006,00 TOTAL CONTRACT $58,255,00 0 1379 w rU aR raw,'?=: :"x:�:a -.L .:•.,- �'iFIRM CONTF.A COSTA COUNTY Exhibit C Project Ho. AGR-14DA 44126 SCOPE OF WORK Discovery Centers shall provide four (four) fill time staff persons to work as therapeutic aides in the county's community-based drug abuse education, prevention and treatment programs known as Discovery Centers. A. The four (4) persons shall meet the requirements and perform the functions described in the attached Exhibit "E" entitled, "Discovery Center Aide Project". B. The four(4) persons, Discovery Center Aides, shall work at various County Discovery Centers to augment the service capabilities at the county's existing discovery facilities. • CONTRA COSTrI COUNTY Exhibit D Project No. AGR-NDA-44126 MAINTED1ANCE OF EFFORT REQUIREMENTS Federal laxq prohibits the replacement of non federal funds with federal funds appropriated pursuant to federal Public Law, 92-255, Public Law 94-237 re-enacted and continued the provisions of Public Law 92-255. Accordingly Contractor will not, in any way whatsoever supplant, replace or substitute any non federal funds with federal funds made available pursuant to P.L. 92-255 Sections 409 and/or 410. In every invoice or claim for reimbursement Contractor shall certify that no such supplantation, replacement, or substitution has occurred. Contractor shall establish and maintain such records and documentation as are necessary to verify Contractor's compliance with this section. Contractor assumes sole responsibility for compliance with these maintenance of effort provisions as required by P.L. 92-255 Section 409(e) (11) and P.L. 94-237, and saves the State harmless from any violation thereof. Public Law 92-255 Section 409(e) (11) states that the Contractor shall: "Provide-reasonable assurance that federal funds made available under this section for any period will be so used as to supplement and increase, to the extent feasible and practical, the level of State, local and other non federal funds that would in the absence of such federal funds be made available for the programs described in this section, and will in no event supplant such State, local and other non federal funds." r 01381 616a .x�4i•,cw:.a4'_� _. t.., .: �_ yw '.. ... -. ,. .. ..a...'sv>.�y,. CONTRA COSTA COUNTY Exhibit E Project No. AGR-hDA-44126 DISCOVERY CENTER AIDE PROJECT DEFINITION: Under general supervision, to work as a therapeutic aide in a Discovery Center; to serve in the training and prevention components of the Discovery Program; and to do related work as regiired_ DISTINGUISHING CHARACTERISTICS: Discovery Center Aide Project positions are assigned to Discovery Centers which offer short term counseling services, on a drop-in basis, to people experiencing a wide range of problems, not to include hard drug addiction. supervision is received from the director of the center to which the position is assigned. This class differs from the class of Discovery Aide Trainee Project in that positions in the latter class work in a training capacity. Positions in the class of Discovery Center Aide Project are exempt from the classified service. TYPICAL TASKS: Plans, organizes and leads problem solving groups for both youth and adults; offers crisis intervention counseling in person and on the telephone to people experiencing feelings of anxiety, depression and stress; plans, organizes and directs workshops on a variety of subjects; recruits workshop participants; assists in planning and directing fund raising events; speaks before school groups and community service groups on the services• offered by the Discovery Program; writes activity reports as assigned. MINIMUM QUALIFICATIONS: License Required: Valid California Motor Vehicle Operator's License Experience: Six months of counseling experience in a community based drop-in center which included participation in family and individual counseling, group leadership, and public speaking. (Incumbents must be free from drugs and drug use for at least six months.) General knowledge of the accepted principles and methods of group work and individual counseling; ability to communicate with people experiencing feelings of anxiety, stress and depression and the ability to offer solutions to their problems; ability to perform community relations work; ability to speak effectively before large groups of people; ability to write clearly and concisely. 01382 at` - . •,� •i - '�a•:;,. ....-..>; r _, .�t141. . . - .-err^;.a In the Board of Supervisors of Contra Costa County, State of California _September 20 111977 In the Matter of Agreement #29-208-5 with the State Department of Health to Continue the Child Immunization Project operated by the County Health Department. IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Agreement #29-208-5 with the State Department of Health (State #77-58939) to continue the Child Immunization Project to be operated by the County Health Department from July 1, 1977, through June 30, 1978, to develop systematic plans to assess the immunization status of preschool children, Headstart children, and children in grades K-12 for a total funding amount of $26,281, with said program to be funded entirely by State funds, and under terms and conditions as more particularly set forth in said Agreement. PASSED BY THE BOARD on September 20, 1977. 1 hereby certify that the foregoing is a true and Correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Ori.g: Human Resources Agency Witness my hand and the Seal of the Board of Attn: Co:.trarts ?A Grants Unit Supervisors cc: Coun.y Administrators ed this-?th day of_SPrtP n1-)Ar 19 7� County Auditor-Contro� er County Health Officer State Department of Hglth J. R. OLSSON, Clerk Deputy Clerk iraxine M. i e feld 01383 H-24 3/76 15m i- 1 raa. ,1 APPROVED BY THE ❑ CONTRACTOR a STAO, ARD AGREEMENT - ATTORNEY GENERAL ❑ STATE AGENCY 1.6TATE bF.CALIFORNIA aS T.7. 2 IRE V, i 1JTSl ❑ DEPT.OF GEN.SER. ❑ CONTROLLER THIS AGREEMENT, made and entered into this 1st day of July , 19 77 , ❑ in the State of California, by and between State of California, through its duly elected or appointed, ❑ qualified and acting ❑ TITLE OF OFFICER ACTINO FOR STATE AGENCY NUMBER Chief, Program Services Branch Department of Health 77-58939 hereafter called the State,and Q COUNTY OF CONTRA COSTA (H .s O8ealth Department) hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,time for performance or completion,and attach plana and specifications,if any.) The Contractor shall render performance under this agreement according to the terms and conditions set forth in attached Exhibits A(A) entitled "Terms and Conditions'', A(F) entitled "Additional Provisions!', B entitled "Project Budget" consisting of 3 pages and C entitled "Project Narrative'' consisting of 9 pages which are made a part hereof and constitute the additional provisions of this agreement. 1 .;art! .. t�'D :�'ORu R SU M 0 Coin CCU 1 8Y Dec DANEE14 C.=2Y The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR' 1 AGENCY C RAXXOR (II ER TNA!AI�IN DI YIOVA TAT[ WN LTM[!A COR/OVATION RT%IJISNIP. D rtment of Health CO QET 0_D"S'TA,'q05Kea1th De ' tm t BY (AUTHORI ED SIG B AU 7 E I qE) ► - � cl Wt �N. Boggess TITLE dward t erg ` /lChairman Be'krd ` EP 2 p 197T Chief, Program Services Branch Sr _rvisors ADDRESS 651 Pine ✓'Feet (CONTINUED ON SHEETS EACH BEARINC NAME OF CONTRACTOR) Mart, Deportm.nt OI C.n.rol 5.rvic.s AMOUNT ENCUMBERED APPROPRIATION FUND, ) I . Use ONLY 26 281.00 Local Assistance Ganprnl UNENCUMBERED BALANCE ITEM CHAPTER STATUTE$ FISCAL YEAR PA1.Icle Dtlm!-T S 254 /\) ` 1977/1()78 ADJ. INCREASING[MCU4.RARC[ FUNCTION GT(✓::.^.:`T:rI C-TY7C'oS /, r� t� ; r�, * Pediatric Immunization Program 1 + 1 i T••L "� Vf ADJ. DECREASING ENCv4114ANCE I LINE ITEM ALLOTMENT 8lo-26o-48-oo ,OCT 3 1 1977w T.B.A. NO. B.R. NO. I here certify upon my own s nal knowled�e that budgeted fund are ov ilable for the pe6�'od and JurpoSe of the pes+diture stated above n SIGNAM OF AC SINTING OFF tER OAT 1teregy certify tall tbnditi s r exemption set for in State Administrative 61 ual Section 1209 Ass''.Chief Cocnsal ave been complied with and this document is exempt from review by the Depart t of Finance. SIGNAT RE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE ► r- _Microfilmed wig board, nrcler -+A01381 77 '77 Contra Costa County TIMMS :.:'D CC::B iG:.S EXHIBIT A(A) 1. Because o: t^e chan_,ir,, emphasis placed upon Childhood 1--= nization by the $Mute O:' Ca I- --fo r D=DBren of Health, your contract is extended With Supp=e.-:est=1 funding to June 3C, 19;%8 on condit_an that expanded program activities described in the contractors aDolication vroDOsal dated July 1, 1677 (Ex*hibit C, attached) are carried out: and With the following additional coneikons: a. De:'elopmeat by the grantee or a Dian to systematically assess the =—al, i ration status of Dreschlool children and develop a systematic Dla.^. to reduce susceDtibles to i=unizable childhood diseases among this groui Drior to December 31, 1977. b. Develop a systematic plan to assess the immunization status of all Headstart and Day Care Centers and provide r=urization to those children fou-nd to be susceatible to i=unizable childhood diseases by December 31, 1977. c. Develop a systematic plan to assess immunization status or school children, kindergarten through Grade 12 (K-12), and provide i::=unization to those children found to be susceptible to =unizable childhood diseases by Decenber 31 , 1977. d. Provide a report to t^e State of California, Department of Health, Ir-munization Unit of vaccine administered by type and age group (0-4, 5-9, 10 and over) on a monthly basis beginning with the month of October 1977- 2. The Contractor s^all submit to the State Quarterly Progress Reports to include assessment progress, immunizations performed and Drogress related to the achieve.^ent of project objectives as stated in Exhibit C. 3. lne period of this contract shall be from July 1, 1977 through June 30, 1978. 4. The attached Exhibit "A"(F) entitled, Additional Provisions, is Glade a part hereof by this reference. 5. In consideration of the above services, performed in a manner acceptable to the State, the State shall reimburse the Contractor quarterly; in arrears, upon submission of an invoice in triplicate statir. the time period covered, and stating the contract nurber, for actual e--Denaitures in accordance with the budget Exhibit B provided, however, that the Contractor shall not exceed by 25% or S1,C00, whichever is less, any individual item in the budget; that the Contractor submit an e:c_eianaticn of the need for such excess with the claim for reimbursement to: State of California, Department of Health, I>zmurization Unit, 21 1 Berkeley Way, Bertieley, California 94704. 6. Invoices s^all be submitted no later than fifteen (15) working days after the end of each cuarter, to e;Tedite payment of same. 7. The maximum anacunt payable by the State to the Contractor under this contract shall not exceed 52r.),2b1. 8. Eudl--Iet: See attached r.xhibit B. 0138 Now MF Exhibit A (F) r STATE OF CALIFORNIA DEPARTMENT OF HEALTH ADDITIONAL PROVISIONS (!) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of the Equal Opportunity clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice, to be provided by the agency Contracting Officer, advertising the labor union or workers'representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Federal Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Federal Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the discrimination clause of this contract or with any of such Federal rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further State contracts in accordance with procedures authorized in Federal Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Federal Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs(1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Federal Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor %rill take such action with respect to any subcontract or purchase order as the State may direct as a 01386 HAS 1197(4/76) i means of enforcing such provisions including sanctions for noncompliance — provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the State, the Contractor may request in writing to the State, who, in turn, may request the United States to enter into such litigation to protect the interests of the State and of the United States. ( S) Any reimbursement for necessary traveling expenses and per diem shall be at rates not to exceed those applicable to regular State employees under State Board of Control rules. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. ( 9) All equipment, material, supplies, or property of any kind purchased from funds advanced or reimbursed under the terms of this agreement and not fully consumed in the work described herein shall be the property of the State.At the time of purchase of equipment under the terms hereof the Contractor shall submit a list of such equipment in accordance with the instructions and format contained in the attached Exhibit A-1. Contractor shall at the request of the State, submit an inventory of equipment purchased under the terms of this contract or any predecessor contract for the same purpose. Such inventory will be required not more frequently than annually. At the close of the project covered by this agreement the Contractor shall provide a final inventory to the State and shall at that time query the State as to the disposition of said equipment. Final disposition of such equipment shall be in accordance with instructions from the State to be issued immediately after receipt of the final inventory and request for disposition instructions. (10) Prior authorization- in writing by the State will be required before the Contractor will be reimbursed for any purchase order or subcontract exceeding $1,000 for any articles, supplies, equipment or services or for any fee, or other payment, for consultation of one hundred fifty dollars ($150) or more per day. The Contractor must provide in its request for authorization all particulars necessary for evaluation of the necessity or desirability of incurring such cost, and as to the reasonableness of the price or cost. For purchase of any item exceeding such minimum dollar amount, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. The Contractor must include in a written agreement with the vendor, or the subcontractor the following clause: "A'ame of Vendor or Subcontractor) agrees to maintain and preserve, until three years after termination of (Contractor's name)'s agreement with the State of California, and to permit the State of California or any of its duly authorized representatives to have access to and to examine and audit any pertinent books, documents, papers and records of (Name of Vendor or Subcontractor) related to this (purchase order) or(subcontract)." The terms "purchase order" and "subcontract" as used in this paragraph (10) only, excludes: (a) purchase orders not exceeding $1,000; and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. 01) All personnel employed by the Contractor under this contract shall meet the standards of training and experience required for comparable positions in State employment, as determined by the State. If the Contractor maintains a local merit or civil service system, then the personnel employed under the budget shall be subject thereto, providing such local system is generally comparable to standards with the State civil service system as determined by the State. 01387 -2- Exhibit A (F) (12) Examination of Records (a) The Contractor agrees to maintain books, records, documents, and other . evidence pertaining to the costs and expenses of this contract (hereinafter collectively called the "records") to the extent and in such detail as will properly reflect all net costs,direct and indirect, of labor, materials, equipment, supplies and services and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this contract. (b) The Contractor agrees to make available at the office of the Contractor at all seasonable times during the period set forth in subparagraph (c) below any of the records for inspection, audit or reproduction by an authorized representative of the State. (c) The Contractor shall preserve and make available his records (i) for a period of four years from the date of final payment under this contract, and (ii) for such longer period, if any, as is required by applicable statute, by any other clause of this contract,or by subparagraphs 1 or 2 below. 1. If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement. 2_ Records which relate to (i) litigation or the settlement of claims arising out of the performance of this contract, or (ii) costs and expenses of this contract as to which exception has been taken by the State or any of its duly authorized representatives, shall be retained by the Contractor until disposition of such appeals, litigation, claims,or exceptions. (d) Except for the records described in subparagraph (c) 2 above, the Contractor may in fulfillment of his obligation to retain the records as required by this clause substitute photographs, microphotographs, or other authentic reproductions of such records, after the expiration of two years following the last day of the month of reimbursement to the Contractor of the invoice or voucher to which such records relate, unless a shorter period is authorized by the State or its duly authorized representative. (13) A final invoice and, if required by this contract, a final report shall be submitted by the contractor within 45 days after the termination date hereof except as may be otherwise specified herein. If a final report is required by this contract final payment hereon shall be withheld until atter receipt by the State of an acceptable report. (14) Any inventions made in the course of or under this contract shall be promptly and fully reported to the Chief Deputy Director, California State Department of Health. Patent applications shall not be filed on such inventions without the prior written consent of the aforementioned individual. (15) Officials Not to Benefit No member of or delegate to Congress or the State Legislature shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 01388 -3- #fw. (16) Covenant Against Contingent Fees The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the State shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission,percentage, brokerage, or contingent fee. (17) Inspection The State, through its authorized representatives, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed_ (18) Nondiscrimination in Services, Benefits,and Facilities The Contractor will not discriminate in the provision of services because of race, color, creed, national origin,sex, age, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d, rules and regulations promulgated pursuant thereto, or as otherwise provided by state and federal law. For the purpose of this contract, distinctions on the grounds of race, color, creed, or national origin include but are not limited to the following: denying a participant any service or benefit or availability of a facility;providing any service or benefit to a participant which is different, or is provided in a different manner or at a different time from that provided to other participants under this contract;subjecting a participant to segregation or separate treatment in any matter related to his receipt of any service;restricting a participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit; treating a participant differently from others in determining whether he satisfied any admission, enrollment quota, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any service or benefit; the assignment of times or places for the provision of services on the basis of the race, color, creed, or national origin of the participants to be served. The Contractor will take affirmative action to ensure that intended beneficiaries are provided services without regard to race, color, creed,national origin, sex, age, or physical or mental handicap. (19) Procedure for Complaint Process The Contractor agrees that complaints alleging discrimination in the delivery of services by the contractor or his or her subcontractor because of race, color, national origin, creed, sex, age, or physical or mental handicap, will be resolved by the State through the Department of Health's Affirmative Action Complaint Process. 01389 -4- Exhibit A (F) (20) Notice of Complaint Procedure The Contractor shall, subject to the approval of the Department of Health, establish procedures under which recipients of service are informed of their rights to file a complaint alleging discrimination or a violation of their civil rights with the Department of Health. (21) Only Applicable to Hospitals The Contractor will not discriminate against the intended beneficiaries of funds monitored by the State because of race, color, creed, national origin, or sex, in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, rules and regulations promulgated pursuant thereto, or as otherwise provided by law. The Contractor will take affirmative action to ensure that intended beneficiaries are provided services without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: advertisement conspicuously displayed advising the public that emergency health services are available without regard to race, color, religion, sex,or national origin and without regard to ability to pay_ (22) Only Applicable to Hospitals Accepting Medi-Cal Patients The Contractor will not.discriminate against the intended beneficiaries of funds monitored by the State because of race, color, religion, sex, or national origin in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, rules and regulations promulgated pursuant thereto, or as otherwise provided by law. The Contractor will take affirmative action to ensure that intended beneficiaries are provided services without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: advertising conspicuously displayed advising the public that Medi-Cal services are available to the public without regard to race, color, religion, sex,or national origin. 01390 . -S- .Fq 1..r._t-•..�"si .. ti.».:':'h»;" ..... 1 ..-.,> ..:i�.g':s._ ..y.. •_. ..: . sr w A ` EXHI BIT B Project Budget C . T o� h-� Page 1 of 3 -p.aies ' STATE OF ...J,ZsQR.f�1 P3__.31u'�T OF. .__ALTY. INFECTIOUS DISEASE SECTION Immunization Unit APPLICATION FOR Ils`lUNIZATIQN PROJECT SUBVENTION 1 . CoLntti• Qf Contra Costa(IfeauiL-D;2oartment) � 2. Director of Project: Applicant's Name Immunization Unit Name Orlvn H. Wood, M.D. Organizational Unit Title Health Officer 1111 Ward Street (P.O. Box 871) Degree M.D. Street Addreaa - P. 0. Box Martinez Contra Costa 94553 City County Zip Code 3. Budget Period: 4. Type of Application: From: July 1, 1977 To: June 30, 197 New Renewal Continuation Supplement 0 Revision 5. fount P.,auested: 6. Financial Management Official: $ 26,281 Name Donald R. Mever Title Data & Project Coordinator Address 1111 Ward Street (P.O. Box 871) Phone (415) 372-4121 01391 �.. �, � .: -"..:S.t.S:.,r ._..-e .. . . -,eve ... _ — ,y ..•:a!^ EXHIBIT B Project Budget Page 2 of 3 pages APPLICATION FOR IMMUNiI?ATION PROJECT SUBVENTIO`i Applicant: County of Contra Costa Budget Period From: 7/1/77 To 6/30/78 DETAILED BUDGET FOR' THIS PROJECT % of Time Monthly Required from on Project Salary Range California I.. PERSO`:�: SERVICES $ $ I=:.unization Specialist (6 Taos 100% 1,638 9,828 Clern-Typist (i2 months) 100% 807 - 9,684 School I—unization Technician L00% 938 2,814 (3 months) Total Salaries .and Wages 22,326 Benefits differ for each position $ Staff Benefits Actuat % "2,455 TOTAL. PERSONAL SERVICES $ 24,781 01392 EXHI BL'1 a PxeJect Budget Page 3 of 3 pages _ . AOpL;cant- Contra Costa County Budget Period From: 7/1/77 To 6/30/78 DETAILED BUDGET :OR THIS PROJECT Required from California II. OPE.LkTINU— =h ENISES $ A. Supplies 1. Office 500 2. Clinic. 500 3. Health .Education Materials 4. Travel - in-State 500 Out-of-State Total Operating Expenses $1,500 26,281, - TOT_AL BUDGET 01393 393 F- I EXFIBIT C APPLICATIO`: FOR DIMUNIZATIO:+ PROJECT SUBVENTION Project Narrat:� e Page I of 9 pags:s PiARnAFIVE Applicant: Contra Costa I. OBJECTIVES A. Lorg-Terri (State precisely, by order of priority, your S Year objectives) 1. Assessment School Enterers Immunization Assessment Program a. Assist Contra Costa County elementary schools, both public and private, with their annual assessment of immunization levels for all new entering kindergarten children against polio, DPT, measles, rubella and m=ps. 2. Ir—unization Programs a. School Related I=unization Programs As needed, conduct immunization programs against polio, DPT, measles and rubella in all Contra Costa County school areas to i—_unite all children, identified through the assessment program, who-have not previousl;, received the appropriate irnunizations for the above mentioned diseases. ' b. Preschool I=unization Programs Continue regular community-based immunization programs and supplement these programs in an effort to immunize at least 80;; of susceptible children_ against polio, DPT, measles and rubella prior to their second year of life. c. Special I=unization Programs Conduct high impact special iu;--unization programs against polio, DPT, measles and rubella in all cities, or selected neighborhoods, identified through either the school enterers, or the two year old assessment programs as having a population of preschool age children with low in-nurity levels, or identified through an increase in mor- bidity as being an area threatened by an epidemic of a disease con- trollable through immunization. , 3. Surveillance Continue in Contra Costa County the system which provides accurate and timely information on the occurrence of diseases con- trollable by an irmunizing agent. 01394 ,.w Project :�arrat ive I. 03JECTI�'ES (roatin�:ed) Page 2 of 9 pages 4. 'Outbrear Control Continue in Gontra: Costa Co=ty the system which provides rapid identification and contair=ent of diseases preventable by imm unization to such a degree that secondary cases represent no more than 57. of total morbidity for any =--nunizable disease. 5. Information and Education Programs a. Information and Education Programs for the Medical Co=unity both Public and Private. Develop a system to regularly inform the entire Contra Costa Medical Coxc:unity as to; the i=une status of preschoolers; the morbidity of i=unizable diseases; and the status of, and rec- omendations for, all i.=unizing agents. b. Information and Education. Pro-rams for the Lay Community. Develop an ongoing system to inform parents of the need For early immunization of their children and to inform parents of the location of places, both public and private, where immunizations for their children are available. B. Short-Term (State precisely, by order of priority, the increment of your Long-Term Objective you hope to reach during this budget period) 1. Assessment a. School Enterers I=unization Level Assessment Conduct in all • Contra Costa County public schools an im.•nuniza- tion level assessment program to include 90% of all new entering kindergarten public school children. 2. T=uni.zation Programs a. School-related I= munization Programs Conduct as needed an irmunization program against polio, DPT, measles and rubella for new enterers identified through the immu- nizatioa level assessment programa to achieve at leant 90% i-=u- nization against the specified diseases. b. Preschool in—unization ?rograms Continue and implement regular infant and preschool well-baby immunization programs co provide complete protection against polio, DPT, measles and rubella to children prior to their second year of life. 0139) Project Narrative I. �EJECTIVES (Continued) Page 3 of 9 pages c. Special I.�_..0 nization Programs Conduct special icsauni:ation programs against polio, DPT, measles and rubella amang preschool populations identified through either school entry or two year old assessment programs, as having low protection Levels against the above-mentioned diseases. 3. Surveillance ' Develop a morbidity reporting system for i=unizable diseases in Contra Costa County. _ 4. Outbreak Control a. Maintain a written plan covering the implementation of outbreak control procedures. b. Form, orient and/or train an outbreak control team S. Information and Education Program a. Encourage support of the California Immunization action Cot=aittee and establish immunization activity as a high priority throughout the county. Support will be obtained through the following activity: (1) Appoint a Health Education Coordinator to serve as a liaison between the State Irmhunization Education and Information Office and local radio, netspaper and television media. Coordinator will be responsible for distributing State developed materials to the media throughout the county. (2) Conduct an Immunization Workshop to train local personnel how to organize a school-centered assessment and i=uni- zation program. r z aim Project Narrative Ta Page 4 of 9 pages II. ACTIVITIES-PROPOSED (A short statement of the activity proposed to reach each Objective) A. Assessment 1. School Enterers Immunization Assessment Program Conduct an immunization level assessment program in all public elementary schools in Contra Costa Count. B. Immunization Programs 1. School- Related Immunization Programs Conduct immunization programs against polio, DPT, measles and rubella in coaunities where assess—ment reveals a need. 2. Preschool I=,unization Progra=s Continue existing county-sporso=ed cell-child im.vun'_zstion programs. Conduct additional preschool i -_--unization programs :n Day Care Centers and preschools. 3. Special High Impact I.--unizatior. Programs Conduct i--unization programs against polio, DPT, measles and rubella in selected geographic areas having an' increase in morbidity or iden- tified through .the assessment program as having low immunity levels against the above-mentioned icmunizable diseases. C. Surveillance 1. Maintain and refine a sentinel physician morbidity reporting system in Contra Costa County. 2. Establish a sentinel school morbidity reporting system in Contra Costa County. D. Information and Education Programs 1. Distribute information and education-materials developed by the State on the need for vaccines to protect children from polio, DPT, measles and rubella. 2. Cooperation in all ways possible to promote 1=unization Action Month. 3. Conduct a concentrated one-day I=unization Workshop- 01397 Workshop.01391 Project _Narrative Page 5 of 9 pages III. �ETHOD Or OPERATION (Present a detailed outline explaining What, When, Who, Where, How and to Whom each activity will be conducted) A. Assessment 1. School Enterers Immunization Assessment Program From August through October, 1977, Immunization Project personnel in cooperation with school districts, and PTA volunteers will evaluate and stn-=arize State Health Departmtant supplied history forms completed by the parents of new school enterers. Once tabulated, the individual history forms will be offered to the schools for inclusion in the child's cumulative health record. Tabular stm.m:arization for each district ,.:ill be forwarded to the Courtv Health Department to aid in planning I=unizatioa Frogram services. B. Immunization Programs 1. School-based I..=aunization Programs Immunization Project personnel, in cooperation with school personnel, PTA and co^munity service groups will, during the period of November, 1977 to -June, 1978 conduct school-related ir-nunization programs to immunize 90+ ', of all new entering kindergarten children identified through -the school enterers immunization level assessment program as lacking adequate protection against polio, DPT, measles and rubella. When each school related clinic is arranged Project personnel will work closely with classrooms teachers, parents and PTs 'volunteers to promote a high level of parent consent for immunizations offered. 2. -Preschool Immunization Programs Contra Costa County will throughout the project year, continue to support, and with project funds, extend regular coverage of well-baby immunization programs. Additionally, from November, 1977 through Jure, 1970' Immunization Project personnel with assistance from volunteers will conduct special community-based immunization clinics for children in neighborhoods where assessment has revealed a low immune level. Services will also be offered to all children in Head Start and licensed Day Care Centers. 3. Special High-Impact L-*:aunization Progr=s Throughout the protect year Immunization Project support personnel in cooperation C:1 co=unity organization, sponsors and/or volunteers will conduct high-impact it munization programs against polio, DPT, measles and rubella in communities identified through assessment or increased morbidity as having pockets of unimr unization or inadequately immunized ch"ldrezt_ 01398 III; �Y VMD C. Oe L-AXIO : (continued) Protect ►:ar=azi re • Page n of 9 pages . Surveillance 1. Immunization Erojcct will work with the Co:�.:iInicable EzMerse Control Unit of Contra Costa County to ^pro•:e their existing morbidity reportin.- system. . 2. A special Cuidelinc for cearl_s control has been developed by' the State I6munization A iattle Jsan for a '"dar on Neasles" will be given to :c' Contra Costa ealtz D.:part_ent who will be requested' to appoint a :'ca:;les Control Coordi:tator. _kis position will be responsible for initialing the measles control practice .in r . D. Outbreak. Control T. Control disease outbreak to contain secondary •caeses to no more than 5.7% of the total morbidi ter. - The outb.e:;k control team will maintain the capability to respond with concerted action within 24 hours after noti;'icatior. by the Director of Corauiica'Le Disease Control for Contra Costa County of an im.endi=g or threatened disease outbreak. E. Infor-ation and rducatioa 1. u!;htout the project year the health division with local and project ail'_ car out an intense information education program encore- support : passing ,he following activities: 1. Distribute to countywide broadcast, .'V and ize esLya_er media selected materials provided by the State and Center for Disease Control which will create public awareness of im.:.nrizatioz needs inContra. Costa County and availability of services pro7ided by private physicians and the local health department. . 2. Conduct an = . icstion i'ors.Sh9D to train local heal th.de_rartment ssa.F? voltmteer groua_ and school pers3rwnel to conduct a county-&-i.de schaol- center ed, sc:.nal enterer assessanent and €r_=unization pragr-.7, to be accomplished with the support of State'L=unization Program personnel. 0_13M I.y, �cC? .uATT V (:or e-:ca activity state "-e criteria to be used to measure its success in reaching your stated Objectives) Page 7 of 9 pages A. Assess=ent 1. School Enterers Assessment Program The criteria to evaluate the success of Contra Costa Ca,.mty school enterers iu-munization level assessment program will be as follows: a. Were immunization histories obtained on at least 907 of the school enterers in Contra Costa County? b. Was the information obtained accurate? c. 'dere the data obtained useful in assisting the Contra Costa Cour ty Health Department to: identify areas or neighborhoods within the County as having law levels of =unization against polio, diph- theria, whoop_-` cc u;h, .._asles, or rubella; did the data obtained provide a =eans to evaluate the effectiveness of Contra Costa C,,,,-- well-child coa erences in providing iz•:unizations to the indigent population; and is the data obtained useful in assisting the Contra Costa Ga ;^t: Heaich Department in planning -future immunization prcgr?ws for Scth preschool and school-cge children? B. Ir=aunization Programs 1. School-?elated Imm.unization Programs The success of this activity rill be determined by the nuwber of chil- dren, identified through the enterers assessment program as having in- adequate protection levels, who are ir--unized against polio, DPT, measles and rubella. The goal for this activity will be to immunize 90+% of the susceptibles during their first year or school. 2. Preschool I7,aunization Programs Efforts in this activity will be evaluated by noting the increase in child health clinic immunization programs and in the -L=ber of i_rnuri- zation prcgramts conducted for children attending Head Start and/or Day Care Programs. 3. Special High-Impact Immunization Program ibis activity will be evaluat_d b.: determining the rise in immuniza- tion levels and reduction of morbidity of preschool children. Living in areas identified through either ass-z!ssrent or surveillance programs as high risk areas. 4. b:i r t•-r 1y P:-,.)rrezn pc-°arts will-be forwarded to the Sate I-riunizat_on --�loI-C,1. r'___ec�� _ i.._:un z _.o_'�ran DTro.:,ie 5. In 1+.i'Jn� a Final program report ill be due no 1a%er t.^;an jan e 17 1978. C. Surveillance This activit•- will be -Valuated 's `_o =:G 9"?-j ' 'ls�.^.t?`'S in <,data on ^e nor bicity from the 01400 N. EL:a;TUAION (continued) o Page 8 f 9 pages •`v D. Outbreak Control the effectiveness in containing the morbidity of secondary cases to less than S= of the total observed morbidity- for polio, diphtheria, measles and rubella will be the method of evaluating the activity. E. Information and Education Programs 1. The effectiveness of an Information and Education Program for parents of preschool children is e:.trezzely difficult to evaluate objectively. However, we will be looking for feedback from parents as to the value of materials distributed in this activity. The publicity efforts can be-evaluated by at least two factors, (1) the measurement of expertise on radio and television, the r.•-nber of articles published in news- papers and other advertising pieces distributed and, (2) the --mount of feedback from the public and the increase in attendance at all i-,=Lni.- zation programs where special i=unization was done. 2. Was an increase in immunizations noted during Imamunization Action Month. 014UJL ' J n ti EXHIBIT C Project Narrative Page 9 of 9 pages V. BUiGLi JUSTI iCAT:O;. In order to conduct a countywide school-centered immunization audit and i=unization procrxn in Contra Costa County, the full-time services of an Immunization Specialist for 6 months wi1L be needed. ($9,828). On clerk-typist working Lull-time for 12 months will be needed. A School Ir^unization Technician will be needed to assist the I.':=unization Specialist for 3 months. ($2,814). Fringe benefits vary for each position - actual amount needed. ($2,455). Office suDpiies. ($500). Clinic suDolies. (500). Travel for the I unization Specialist and Technician_. ($500). �4 _w j In the Board of Supervisors of Contra Costa County, State of California Sente>rber 20 , 19 77 In the Matter of CETA Title I Grant Modification ;705 IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Modification #705 to the County's CETA Title I Manpower Project Grant (DOL #06-7004-10) for Federal FY 1976-77 to decrease the amount of the grant by $330,858 to a new total of $3,555,411, said decrease representing "carry-over" funds which will remain unexpended at the termination of the grant (September 30, 1977) and which are to be granted or reobligated to the County by the U. S. Department of Labor under a new CETA Title I grant for Federal FY 1977-78. PASSED BY THE BOARD on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the data aforesaid. Orig: Human Resources Agency . Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this 20t_`-'doy of Seutember 19 77 County Auditor-Controller County Manpower Project J• R. OLSSON, Clerk Director U. S. Department Deputy Clerk of Labor !a` ine M. .;,.eu2'eid 01403 RJP:dg H-24 3/76 15m O►•� P�•rovtt h7_♦s-Dt171 !P�•�Iv[ton Lit. 9l7C1�l7 LIS, (I1.1:\H IF\T QF: u\t=1:C hm�:•r••ari n+ti rtcrninc.\J.•r...��,t••n �''"a'tT NtiWdcR ttOO)PICA—to.4 .^:V^.•y�? GRANT SIGNATURE SH-=t nM06-7004-10�0 �J0 '�{„�`✓L¢�� CJ..1rq S:•St•S•VC C...LJ r..rMr O TR♦IMIMT. t•Ror, w— l 5 1)13�� 03. It-kB08 CRIAMTE_MARD 0? S-up-ma1 7I30M & TaIrMUIG A7-AN i. COVM COSTA COMNI•I 450 GOLZ-Y GATE A73M.23 651 P-r a=.-T r .9AN r o1.9 9 91L553 i is gran.: is ent-:ed into by the Gni.rd Saves Of PL-lerica• Department of Laacr. Ernployr..aat and T-riaia Ad:t:,-.is::3tion• here:::j ter refer:-d to as Grsztor and 1xime of?an.! sJo�to J _Contra Costa County Board _of..Sutzar�r3sor_�_r-:einaFver refer:--d :o as Grantee. The Grantee afvees to ,.;:-tate a Cornpra::ensiva Employment and Training ?agrart i_•L accordance with the provisions of this a;:esr..tct, inci_d::g t e Comprehensive tla.•t;Ower ?lan and such general and se-ectal assurances as are incl_aded he-sin. A.CR?,:;F PERIOD Th:s Grant agr-ement covers t.`_e period fogs) from _Qctober l1976 to S�_D LenJar_��7.. 2977 B 03LIGA i ION This acdan ❑^-•Qiszs 9 dec:-aces ❑dQM not ch ca the faders 0,01:,3ti0a for tzis gran-, by ' �((,, p frh.'s mio") S .3.�_. A584 t0 m. leer) 5 C.TI:t._ AND FISCAL YEAR 1976 TO 1977 �70= DISCAL YEAR TI--L-= TOTAL 1 �t•t 172,699 _ 620,184 2,762,527 $3,555,410 Iro"ntl" 0— TLTL= II V TITLE Itt i r L�d2zt.a j l MI^rat I Oth.r Tt—,Lz Yi ii.u•r TOTAL 172,699 620,184 2,762,527 $3,555,410 D.S A I- S G_ (f:l' is the announced allotment which is subject to avai'abili:y of funds and does rro: eonsric•.r:e a federal obligation,) E. This modifCeaticn rt-quest will result in 10 a modification to the grant a9mement, and/or ❑ a ribstantive change to the Comprehensive blanpower Flan. ^rrMOvrO FOM Tt•C GRwti TO•+ Dv wrrROVCO w0M TN! G"AMT:= OV 'EB=DiIG A.t.►'�ilijl.'3,13M Na,r,r`Z OARD 0? SUP.—MViSOBS TITLE TiT E;,1, �-\ ? CGGES • ARTHUR intim ATt��+L � CGL7ia 7�7 slcn --!! OA TE � SI .Harr o.a-� 2 'r f. ' �//:rte . S-q S 019 9 Jun- I17S> tl �T.S ' "_ .—..spa �c, Wit-_;.��,s`ti,; .. .,,. .,.. �.:a..>,.�:�_. ,.,ws. - - _ .. ,� . _. ..P--,•,. • o .n r 4 a In the Board of Supervisors of Contra Costa County, State of California September 20 29 77 In the Matter of Contract Amendment Agreement '28-426-2 with Worldwide Educational Services, Inc. The Board having authorized, by its order dated June 14, 19773 completion of negotiations for a contract amendment, effective April 1, 1977, with Worldwide Educational Services, Inc., and the Board having considered the recommendation of the Director, Human Resources Agency, regarding the need to expedite final execution of said contract amendment, IT IS BY THE BOARD ORDERED that the Director, Human Resources Agency, is AUTHORIZED to execute, on behalf of the County, Contract Amendment Agreement #28-426-2 with Worldwide Educational Services, Inc., to provide additional CETA Title I on-the-job training (OJT) and manpower services, effective April 1, 1977, with an increase in the contract payment limit of $61,037 (to a new total of $294,465), and under terms and conditions as more particularly set forth in said contract amendment agreement. PASSED BY THE BOARD on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. Orig: Hursnn Resources Agency Witness my hand and the Seal of the Board of Supervisors Attn: Contracts & Grants Unit cc: County Administrator affixed this-„()today of plitembn 19 77 County Auditor-Controller County Manpower Project DirectorJ. R. OLSS�JN, Clerk ” �/ s/ Contractor B - Deputy Cleric Plax, ne ,. Neuf d -7 7a Y RJP:dg 01405 H-24 3176 15m CONTRACT AMENDMENT AGREEMENT (Contra Costa County Human Resources Agency) Number 28 - 426 - 2 1. Identification of Contract to be Amended. Number: 28-426-1 Department: Human Resources Agency Manpower Project Subject: Provision of administration and staff services for a Central County CETA Unit serving residents of central Contra Costa County Effective -Date of Contract: October 1, 1976 2. Parties. The County of Contra Costa California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: WORLDWIDE EDUCATIONAL SERVICES, INC. Capacity: ' California corporation (private-for-profit) Address: 1291 Boulevard Way, Walnut Creek, California 94596 (formerly: 1430 Danzig Plaza, Suite 230, Concord, California) 3. Amendment Date. The effective date of this Contract Amendment Agreement is April 1, 1977 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Legal Authority. This Contract Amendment Agreement is entered into under and subject to the following legal authorities: 29 USCA §801ff; Title I of the Compre- hensive Employment and Training Act of 1973 (CETA) , as amended (P.L. 93-203, 87 Stat. 839; P.L. 93-567, 88 Stat. 1845); California Government Code Sections 26227 and 53703. 6. Signatures. These signatures attest the parties' agreement hereto. COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By By Board 6r Supervisors Designee 10,0r Designate official capacity in business t: J. R. Olsson, County C and affix corporation seal) State of California ) County of Contra Costa ) Depu ACKNOWLEDGMENT (CC 1190.1) The person signing above for Contractor Recommended by Human Resources Agency known to me in those individual and business capacities, personally appeared before me today and acknowledged that he/ By ,_P_ 4they signed it and that the corporation 'Designee or partnership named above executed the within instrument pursuant to its bylaws or a resolution of its board of directors. Form Approved: County Counsel Dated: ,� /Q /S/7 7 By De ty /Deput C unty Clerk rr�� ROBERT, J. PROCTOR Microfilrncd with board order 01406DEPUTY COUNT'e CLERK Contra Costa County, California AMENDMENT SPECIFICATIONS Number-2 8 - 4 2 6 2 In consideration of Contractor's agreement to provide additional manpower services as set forth below, County agrees to increase the total amount payable to Contractor under the Contract Payment Limit by an additional $ 61,037 . County and Con- tractor agree, therefore, to amend the Contract identified herein, effective April 1, 1977, as specified below, while all other parts of said Contract remain unchanged and in full force and effect. 1. Payment Limit Increase. Paragraph 4. (Payment Limit) of said Contract is hereby amended by increasing the Payment Limit amount specified therein from $ 233,428 to a new total of $ 294,465 2. Increase in Fixed Monthly Service Fee. Subparagraph d., Paragraph 1. (Payment Amounts), of the Payment Provisions is hereby amended, effective April 1, 1977, by increasing the fixed monthly fee specified therein from $ 6,000 to $ 10,000 monthly, while all other parts of said subparagraph remain unchanged. 3. Addition of a Women's Non-Traditional Career Preparation Service (NONTRAC). Part 1. (Service Specifications), page 2., of the Service Plan is hereby amended, effective April 1, 1977, by adding a new paragraph e. to read as follows: "e. Women's Non-Traditional Career Preparation Service. In providing this service, Contractor shall: (1) Conduct labor market studies to determine the local potential for employment opportunities for female CETA enrollees in various male-traditional occupations. The term "male-traditional occupation," as used in this Contract, shall mean any occupation for which the current number of female applicants registered on the active file of the California State Employment Development Department (EDD) in SMSA #7360 is less than 35% of the total number of such applicants, as indicated in the most recent EDD Employment Security Automated System (ESARS) Report, Table 96, or which is specifically designated to be "male-traditional" by County's Manpower Project Director. (2) Inform all female CETA applicants about the Women's Non-Tradi- tional Career Preparation Service (hereinafter called NONTRAC). (3) Determine the appropriateness for NONTRAC of each potential CETA enrollee who is female and referred from the Orientation and Intake Service to the Vocational Counseling Service [see Subparagraph l.a.(4) above]. (4) Enroll NONTRAC-appropriate females who have been formally enrolled in the County's CETA manpower program [see Subparagraph l.a.(6) above] as participants under the NONTRAC service component (to be known as NONTRAC enrollees). (5) Help NONTRAC enrollees acquire the necessary motivation, information, and skills that will enable them to benefit from training in male- traditional occupations and/or to compete successfully in obtaining and retaining employment in male-traditional occupations. (6) Refer NONTRAC enrollees to suitable CETA services and training programs and other available training opportunities designed to prepare partici- pants for employment in male-traditional occupations. (7) Establish and maintain contacts with employers for the specific purpose of developing jobs in male-traditional occupations for NONTRAC enrollees. (8) Develop individualized jobs in male-traditional occupations with prospective employers for particular NONTRAC enrollees. (9) Negotiate and write on-the-job training (OJT) contracts with employers to establish male-traditional job positions for NONTRAC enrollees (said OJT contracts shall be between Contractor and the respective employer and in the form prescribed by County). Initials: ifir aw Contractor County Dept. -1- 01407 20" Sro,r��.,y� M �... CrY.ab£naY•.'�"..~: .:" -o v�a.C.A. ..... .. ._ .. - -.. ,' +'_. ox'_�{'.^y.- Yi. M f" '.•+w.F' AMENDMENT SPECIFICATIONS Number28 - 426 - 2 (10) Establish and maintain a file of job-ready or nearly job-ready NONTRAC enrollees. (11) Place NONTRAC enrollees in male-traditional OJT contract job positions. (12) Place NONTRAC enrollees in permanent, unsubsidized, full-time jobs in male-traditional occupations. (13) Conduct specialized follow-up (as defined below) on each NONTRAC enrollee throughout the person's participation in County's CETA manpower program, and during the initial 30-day period following job entry, as needed to resolve problems related to training and employment in male-traditional occupations." 4. Relocation of Facilities and Administration of NONTRAC. Part 2. (Service Delivery), page 3, of the Service Plan is hereby amended, effective April 1, 1977, by changing the address of Contractor's office facilities specified therein from 1430 Danzig Plaza, Suite 230 in Concord to 1291 Boulevard Way in Walnut Creek. Said Part, page 6, is hereby further amended by adding a new paragraph e. to read as follows: "e. Women's Non-Traditional Career Preparation Service. (1) Conduct surveys- of local employers in order to project the number of employment opportunities which will be available to job-ready NONTRAC enrollees in various male-traditional occupations. (2) Provide all female CETA applicants with specific information regarding the specialized services and training opportunities available through Contractor's NONTRAC service. (3) Conduct individual interviews with all potential CETA enrollees who are female and referred to the Vocational Counseling Service in order to determine each person's appropriateness for participation in NONTRAC. (4) Refer NONTRAC enrollees to needed CETA services and manpower programs and other available training opportunities [as set forth in Subparagraph 2.b.(10) above] which are designed to prepare participants for employment in male-traditional occupations. (5) Review each NONTRAC enrollee's vocational and academic experience, skills, aptitudes, interests, and attitudinal barriers which limit her employment potential in male-traditional occupations. (6) Conduct individual or group counseling sessions designed to enable each NONTRAC enrollee to identify her vocational skill level, to take advantage of all male-traditional job opportunities related to her vocational skills, and to compete successfully in obtaining employment in male-traditional occupations. (7) Refer NONTRAC enrollees to all available job-finding resources which may lead to employment in male-traditional occupations. (8) Plan and conduct NONTRAC Workshops, including group activities, which will provide each workshop participant with specific skills required to compete successfully for employment in male-traditional occupations, including completion of job applications, writing resumes, responding in interviews, and locating potential employment opportunities. (9) Establish and maintain a record file for each job-ready or nearly job-ready NONTRAC enrollee. (10) Conduct individual and/or group interviews with said NONTRAC enrollees in order to match individual aptitudes, skills, interests, and education with available job openings and OJT employment opportunities in male-traditional occupations. Initials: UV� Contractor County Dept. -2- 01408, A sdLte!aL^,.L�_......, .:.... .r t•Y*y_y +..n'i...a,+-. ....:1 _,__ ' ! .:_. :.'mer:•:.:_ a i.. .�.�.�, ..yy.. AMENDMENT SPECIFICATIONS Number28 — 426 — 2 (11) Establish and maintain contacts and an effective liaison with employers and develop permanent, unsubsidized, full-time jobs and OJT employment in male-traditional occupations for NONTRAC enrollees; and maintain and submit a record of employer contacts to County's Manpower Project Office on a monthly basis in the form and manner prescribed by County. (12) Make periodic visits to County's established CETA classroom training programs in order to assess the general employment needs and potential of NONTRAC enrollees. (13) Develop and execute OJT contracts (as set forth in Subparagraph l.d.(3) above) to employ NONTRAC enrollees in male-traditional occupations in accordance with their aptitudes, skills, interests, and education. All such OJT positions shall have a likelihood of continuing as permanent, unsubsidized employ- ment following expiration of Contractor's OJT contracts. Contractor shall comply with the guidelines and regulations specified in Subparagraph 2.d.(6) above. County shall reimburse Contractor for all payments made by Contractor to employers as prescribed in Subparagraph 2.d.(6) above. (14) Place NONTRAC enrollees in male-traditional job positions under its OJT contracts. (15) Place job-ready NONTRAC enrollees in the permanent, unsubsidized, full-time male-traditional jobs developed above. (16) Prepare appropriate enrollee record forms for all NONTRAC enrollees and submit such forms to the Vocational Counseling Service staff and County Manpower Project Office. (17) Maintain other program records as required by County. (18) Maintain an effective liaison and working relationship with County's Manpower Project Office staff and established CETA program operators. (19) Prepare and submit all program reports required by County. (20) Provide specialized follow-up services for each NONTRAC enrollee, as set forth in Subparagraphs 2.b.(12) and 2.d.(11) above." 5. Revised Performance Standards. Part 3. (Performance Standards), page 6, of the Service Plan-is hereby amended, effective April 1, 1977, as follows: a. Increase in OJT Placements. Paragraph 3.b. (OJT Placement) is hereby amended by increasing the number of OJT placements specified therein from 18 to a new total of 33 CETA enrollees to be placed in new OJT contract positions established by Contractor under this Contract. Said paragraph is hereby further amended by adding a new sentence to read as follows: "Of the 33 CETA enrollees, Contractor shall place at least 15 NONTRAC enrollees in new OJT contract, positions in male-traditional occupations." b. New Requirement for NONTRAC Training Referrals. A new requirement for the referral of a minimum number of NONTRAC enrollees to vocational training is hereby added to Part 3. by the addition of a new Paragraph c., to read as follows: "c. NONTRAC Classroom Training Referrals. Refer at least 20 NONTRAC CETA enrollees to classroom training programs to receive needed vocational skill training in male-traditional occupations." Initials: b't 9 Contractor County Dept. -3- 01409 e AMENDMENT SPECIFICATIONS Number 2 8 - 4 2 6 — 2 c. New Requirement for NONTRAC Job Placements. A new requirement for the placement of a minimum number of NONTRAC enrollees in permanent, unsubsidized, full-time jobs is hereby added to Part 3. by the addition of a new Paragraph d., to read as follows: "d. NONTRAC Job Placements. As part of the above requirement to place the prescribed target number of CETA enrollees in permanent, unsubsidized, full-time jobs as specified in Paragraph 3.a. above), (1) Place at least 10 NONTRAC enrollees (who have not participated in vocational training through the NONTRAC program) in permanent, unsubsidized, full-time jobs in male-traditional occupations, and (2) Place at least 5O% of those NONTRAC enrollees who exit from vocational training programs on or before August 19, 1977, in permanent, unsubsidized, full-time jobs in male-traditional occupations related to the enrollees' respective training." 6. Revised Budget. Part 5. (Budget of Estimated Program Expenditures), page 9, of the Service Plan is hereby amended, effective April 1, 1977, by revising the Budget specified therein to read as follows: "Payment Categories Contract Term a. Fixed Monthly Service Fee $ 96,000 (at $6,000/mo. for the 6 mo. period from October through March and $10,000/mo. for the 6 mo. period from April through September, 1977) b. Emergency Supportive Services Payments $ 5,000 c. OJT Contract Payments $ 68,965 d. Job Placement Incentive Fees $ 124,500 TOTAL (Contract Payment Limit) $ 294,465" 7. Revised Schedule of Job Placement Incentive Fees. Part 6. (Job Placement Incentive Fees), pages 9 through 11, of the Service Plan is hereby amended, effective April 1, 1977, as follows: a. Change in Basic Incentive Fee. Subject to provision e. below, Paragraph a. (Basic Incentive Fee) of Part 6. is hereby amended, as follows: (1) The Basic Fee Table set forth in Subparagraph a.(1) is hereby revised, effective April 1, 1977, by changing the fee amounts specified therein to read as follows: "(1) Basic Fee Table (per placement). Length of Time Remaining On the Job Amount of (From date of job entry to same Maximum Enrollee's Starting calendar date in succeeding months) Possible Hourly Wage 1 Month 2 Months 3 Months Basic Fee (a) $2.30 - 2.99 $65 $65 $85 $215 (b) $3.00 - 3.99 90 90 125 305 (c) $4.00 - 4.99 115 115 160 390 (d) $5.00 - 5.99 145 145 185 475 (e) $6.00 + 170 170 225 565 " Initials: yk *0 Contractor County Dept. -4- 01410 z: ada i •. ::a,. _ Fai t:s.t..,=.. .t°.c;-. :< .. .x.._.,:.c-..;. ...Yr:, �,.. ,, r re. ..«_ . .... .. - ,....r ti-... -.a., -.m� r A AMENDMENT SPECIFICATIONS Numbei2 8 - 4 2 6 - 2 (2) The Job Placement Table set forth in Subparagraph a.(2) is hereby revised, effective April 1, 1977, by changing the "Percentage (%) of Basic Fee Due" specified on line a.(2)(b) from 50% to 100% (for individuals placed by Contractor on jobs developed by other CETA Units). b. Change in Self-Placement Incentive Fee. Subject to provision e. below, Paragraph b. (Self-Placement Incentive Fee) of Part 6. is hereby amended, effective April 1, 1977, by changing the amounts specified therein in the Self-Placement Fee Table to read as follows: "(1) Self-Placement Fee Table. Amount of Fee Due After Enrollee's Starting 1 Month Hourly Wage On the Job (a) $2.30 - 2.99 $ 55 (b) $3.00 - 3.99 $ 75 (c) $4.00 - 4.99 $ 95 (d) $5.00 - 5.99 $115 (e) $6.00 + $135 if c. Change in Special Bonus Fee. Subject to provision e. below, Paragraph c. ( Special Bonus Fee) of Part 6. is hereby amended, effective April 1, 1977, by changing the amount of "Special Bonus Fee due after 1 Month on the Job" specified on line c. (1) from $100 to $140 (for said CETA enrollees who have received classroom training). d. Change in End-of-Contract and Settlement Fee Payments. Subject to provision e. below, Paragraph d. (End-of-Contract and Settlement Fee Payments) of Part 6. is hereby amended, as follows: (1) The table for "Job Entry in Final Contract Month" set forth in Subparagraph d.(1) is hereby amended, effective April 1, 1977, by changing the fee amounts specified therein to read as follows: is Amount of Third Mo. Settlement Enrollee's Starting Fee Due After 2 Mo. Hourly Wage On the Job (a) $2.30 - 2.99 $ 75 (b) $3.00 - 3.99 $110 (c) $4.00 - 4.99 $140 (d) $5.00 - 5.99 $160 (e) $6.00 + $195 of (2) The table for "OJT Job Entry After Contract Termination" set forth in Subparagraph d.(2) is hereby amended, effective April 1, 1977, by changing the fee amounts specified therein to read as follows: t1 Amount of Two Mo. Settlement Three Mo. Settlement Enrollee's Starting Fee Due After 1 Mo. Fee Due After Hourly Wage On the Job Job Entry (a) $2.30 - 2.99 $120 $260 (b) $3.00 - 3.99 $170 $325 (c) $4.00 - 4.99 $215 $390 (d) $5.00 - 5.99 $260 $450 (e) $6.00 + $310 $520 of Initials: U J Contractor County Dept. -5- 01411 e AMENDMENT SPECIFICATIONS Number 2 8 m 4 2 6 — 2 e. Applicability of Revised Incentive Fees. The revisions in the various Job Placement Incentive Fees effective April 1, 1977) set forth in provisions a., b., c., and d. above shall be applicable only to job placements for which Contractor makes first demand for payment of Job Placement Incentive Fees on or after April 1, 1977, regardless of when job entry occurred, whereas, the original Job Placement Incentive Fees (effective October 1, 1976) shall be applicable to job placements for which Contractor makes first demand for Incentive Fee payment on or before March 31, 1977. Any Incentive Fee payment demands which were submitted by Con- tractor on or after April 1, 1977 and which were paid by County at said original Incentive Fee rates (pending completion of this Contract Amendment Agreement) may be resubmitted by Contractor for payment at the revised Incentive Fee rates and County shall pay Contractor the amounts remaining due (i.e., the difference between the original Incentive Fee rates and the revised Incentive Fee rates). f. Change in Fee Payment Period. Paragraph e. (Fee Payment Period) of Part 6. is hereby amended by deleting the following words: "(or through the second full month which immediately follows the Contract termination date, if the enrollee is entering such job following successful completion of an OJT contract job position, as specified in Paragraph 6.d.(2) above)". Initials: Contractor County Dept. -6- 01412 ti ,ems k TY yf bM 4 In the Board of Supervisors of Contra Costa County, State of California September 20, , 19 77 In the Matter of Authorizing County Treasurer - Tax Collector to Solicit Quotations for Borrowing Funds After finding that time is of the essence, IT IS BY THE BOARD ORDERED that the County Treasurer - Tax Collector is AUTHORIZED to solicit bids, without advertising for them from various financial institutions for the temporary borrowing of funds pursuant to Government Code Sections 53840 through 53844 in an amount not to exceed $15,000,000. Passed by the Board on September 20, 1977. hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Administrator Witness my hand and the Seal of the Board of Supervisors cc: County Treasurer - affixed this 20th day of-_ September, 19 77 Tax Collector , J. R. OLSSON, Clerk County Auditor - Controller i/. Deputy Clerk By�':a `� f""-.,,... rdaX+tte 145.t.;:;,:ci.i 01413 H 24 8/75 lob? itml..a,:• �.. :„:i-.-..p 'x �:.. ._.. ., � - _ ,�_.'�,.. x.' r.� ..,r.,.il office _,f COUNTY TAX COLLECTOR-TREASURER Contra Costa County Rooms 100-101 Finance Building Martinez. California Date: September- 13, 1977 To: Honorable Board of-Supervisors County Administrator, Arthur G. Will From: Edward 14. Leal , Treasurer - Tax Collector Contra Costa County r2��'Ft1/3- Subject: Temporary-Borrowing - SEP Z 4 1977 f„ce o County Administrator It is possible the County Treasury will require supplemental funds before the December tax due date to meet the County's cash require- ments. To secure the lowest possible rate of interest, bids should be obtained from banking institutions prior to any temporary financing. The firm of Orrick, Herrington, Rowley and Sutcliffe and County Counsel have been contacted to insure correct procedure. I, therefore, request permission to solicit bids from various. financing institutions for temporary borrowing of funds pursuant to Government Code Sections 53840 through 53844 in an amount not to exceed $15,000,000. EWL:dmb cc: John B. Clausen, County Counsel H. D. Funk, County Auditor 01414 Microfilmed with board order 1 j Jr ° In the Board of Supervisors of Contra Costa County, State of California September 20, , 19 77 In the Matter of Approving Deferred Improvement Agreement for Development Permit 3005-77, Danville area. The Public Works Director is AUTHORIZED to execute a Deferred Improvement Agreement with Jerry Carter, ET AL, permitting the deferment of construction �. of permanent improvements required as a condition of approval for Development rn Permit 3005-77, Danville area. PASSED by the Board on September 20, 1977. 0 U Ll. t0 d i O V e I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seo) of the Board of Supervisors Originating Department: affixed this 20thday of_Seotember , 19 77 Public Works (LD) cc: Recorder (via P.W.) � J. R. OLSSON, Clerk Public Works Director By !/. Ae'r - o , Deputy Clerk Director of Planning N.POU$ County Assessor Ddnvi1le Historic Properties 121 South Hartz Avenue U 1415 Danville, CA 94526 H-2-1 ,j76l5m IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 20, 1977 In the Matter of Releasing Deposit for Encroachment Permit ) 5401-1331 San Ramon Area. } On August 31, 1976 this Board ORDERED that the improvements built under the above-named encroachment permit were completed for the purpose of establishing a beginning-date for filing liens in case of action under the Road Improvement Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have satisfactorily met the guaranteed performance standards for one year after completion and acceptance; and Pursuant to the Road Improvement Agreement, it is by the Board ORDERED that the Public !Works Director is authorized to refund to Safeway Stores, Inc. the $500.00 cash'deposit as surety under the Agreement as evidenced by the Deposit Permit Detail Number 134657 dated March 30, 1976. PASSED by the Board on September 20, 1977. I HEREBY CERTIFY that the foregoing is a .true and correct copy of an Order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed Originating Department: thi sit qday of_SQP -emb r ,1977 Public Works Land Development Division J. R. OLSSON, Clerk cc: Public Works Director-LD-File Rd.75401 Safeway Stores Inc.- By /f J'Ogf� ,Deputy Clerk Attn: Nena Beranek N.Ppug 47400 Kato Road - Fremont, CA 94538 01416 6/ �..,.,un a:.a;`=-:.�' "-�: .�. k]r.'E.e�.:'.^a-�. - •fir' ,:.c'Ka.�,.?� �. -'�w ,-3$.. rwS _ w� f in the Board of Supervisors of Contra Costa County, State of California September 20 , 19 77 In the Matter of Acknowledging Receipt of Report Concerning ;rite-off of Certain Hospital Accounts Receivable . Pursuant to Resolution No. 74/640 adopted by the Board on July 23, 1974 the County Auditor-Controller has submitted to the Board a detailed monthly report of certain 'County Hospital accounts written off during the month of August, 1977 which amounted to $28,745 .60; IT IS BY THE BOARD ORDERED that receipt of the aforesaid report is hereby ACKNOWLEDGED. PASSED by the Board on September 20, 1977. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: County Auditor-Controller Supervison County Administrator affixed this 20thday of September 19 77 J. R. OL.SSON, Clerk gy / J'vl %t _ ^r �:�`- -� !' Deputy Clerk Helen C. t-:arshali H-243/7615m 0A Office of COUNTY AUDITOR--CONTROLLER ✓`j Contra Costa County _ � Martinez, California . .RIE Ci��I V ED Seazember 13, 1977 �CO O SEP 1 1977 TO: Geraldine Russell, Chief Clerk j. �_ os,ort Contra Costa County Board of Supervisors CLUX, 60AR� o SU:)-;ZV 025 FROM: Grace Potter, Accounts Receivable Supervisor ' Central' Collections Division SUBJECT: Write-off Listings In accordance with Item No. 4 of Resolution No. 74/640 dated July 23. 1974, enclosed are copies of Hospital Accounts Receivable Write-offs for the month of August, 1977 totaling $28.,74560- Microfilmed with board order 014-LD Ji A VXt -4 AvItts -,wyt. _N1 K E '8/26/17 5 tH i F 5 0 OTHER, PRIVATE PRIVATE MISSING DISALLOW M601-CAL SH-DOYLE -LABELS, PROCEDURF-L IASI-LI T to -AROUNT7 URAKE u 0 E' ft., 64*68 SNAVELY# ELONA FRA 126141-L 0177404 53.40- E tLUIN A, ffF� 1.2414�1-11 G-18,0428 E 41 1 163795 6 IS ti"ONA..HkA 126 L SPIKES9 MATHEW NMN 217257-5 1381586 7*52- i'-s-59tNT- ML IV 23 651=3--Z 4 lz 5 T 8 R EIN-T 'ELl 1 51-9 1024311 E 28.20 VASQ - UEZI ESTHER 167638-6 1367404 1.95- JOU 56z".3797'"5- R WV_ - _ 0 E I 0 N14 954 &-1 137,5551 8,64- A TOTALS" 5.34 337.61' Us 76,68 --- -------- A2 J�iN E ASS ICNEU - A4 ASSICNED - A5 47. 607. Attlr*ED - AT AtX GNW AS ASSIGNED AO ---------- 14 Microfilmed with board ardor - T { . Z91iI-7 .FAGS» t1 3.. 0iv C ACI C"iZ1G3+i,i . PR W LIV � I,.:. INM rlVJ . 111»P . � . NTS k +C i�t� t �t -� `s CESS OAT 26/7i FS AS OF g8e25/T7 { � A OTHER PRI'VAT`E PRIVATE MISSING DISALLOW MEDI-CAL SH-00YLE _ GUAKANTOR ___ F_CiT"_ IN\TEXTI� _-57illit11'17 _—r_FitzY ... TEt3r �i#I �F3iTT=I; — LWABI CI_'f`Y_...__.._ P4UL'INE MA 18846*-2 0763850 E 1.30- SALLEE# PAULINE MA 186464-2 0163851 6 41.12— ' ,: SANChE2�f MARIA' EUG 290289-=8 1106177E 10.88 _ SANCHE2, MARIA EUG 290289.8 1117960 E . 6,50— _....__ 7:50 ._.__ .___ . . SANCHEZ# M'ARIA UtI 2 Sox ��-� I i3a9 38.68- � } SANChE1, MARIA EUG 250289--8 1143023 E 9.60— • 15 .. ..._..._.-. ...___..._..,.____._.__..__ ...._____....__..._. _ .. ._..____..._.� 7. :1 • SANCHEzv MARIA '1CUG 290209-8 12004,44 E 3.06 SCHN IUL i t HANS J 208095-0 1314395 E 3-..62- SCHMIDL art, MANS J 208a5g 0 1354821 E 2Q 60- • SHARP, LYDIA P 101687-2 0912673 E w__►H'A'R'Pt`.`.C"YU`I"lt`F.____.�.-Ti7I6`ST—`.�`_t�'�4`�BU�_E. _ .___. ... .___...._.__.._ ___ SOt��. _ _ SHARPo LYDIA P 101687-2 0146802 E 5.00-- _ aNAu,c�w LYV IA P 101667-2 Cg61508 E 30.OU- �s SHAaPs_ LYDIA P - 01667-2 1021579 t 5,U0- :. . SHARPt L•YLIA P 101667-2 1034579 E 30.00— SHARPY LYDIA P 101687-2 1132693 E: 30.OU— SHARP# LYUTA P 10168I-2 1152006 E 35,00— f �►» � 1 � SHARP• LYDIA P 101667-2 124CJ789 E 75.UU— SMAkPi LVDIA P 101687-2 1298366 E 10.00— _..SKTTHP_N,kRUL- *-'UETii--U-T4 7-6---B----1-20-139-bT __31,01.6 b x , Z t OQNTN,A� 01 STA ,' ct�110fit �lEC��'GACSE vi 5 i C1 . CES ;!41a-7 PAG 1tI I ' ACC.000-S• RECEIVABLE WRITE-'00FS PRCO'SS DATE'' 08/26/77 -s • AS OF '08/25177 s OTHERPRIVATE PRIVATE MISSING DISALLOW MEDI--CAL SH--DOYLE PROCEDURE ABTU fYL31-6 'Y:-- R.ICt'iARDS` E)ELGt�ES 2�i+�35t7-5 0348727 J 17.00- N� RICHAR05. OELORES 244350-5 0348728 J 14.46- . ,s �cICHARCS40EL.ORES 244350-5 0388166 J 1.5.16- _ HICHARDSr DELORES 244350-5 039:3567 .1 2.39- I � �tT pAKDb uECKZs- + 3W= Q4�IaT7-7 --- -__ _._--__.__ .____-__ _____. _.. T:5f5 - :, R ICHAR0 DS'j, DELORES 244350-5 0421676 J 12.36- ---___ __ I i •y RICHARCS, DELORES 244350-5 0444845 J 19.94- • =t I I ----R"TfARWi_` UECLRES- - �5 O�iS ZCfi ...J -......,. .. __............. _ ._..- 3661$. . RICHARCS* OELCRES 244350-5 0453202 J 16.80- ; kICHAkCS• DELORES 244350-5 0453203 J 21.47- i • _.. , i {�ICiiliRt75i_UECITRC5 _--24'ri350;;3 .345320.4...J .. _. -31»2T- , RICHARCS, OELCKE;S 244350-5 0453209 J 57.49- I -. ---------.._:___.__ _.__-_____�. _ _ - i RICHAKCS, DELORES 244350-5 045320/6 J 54.41- —..`_.KT•CRAR"�iS,i�UEI�KES_._._ ��i435.C=5_.q 4 FiI 56�i_.J. _ ._. . _ _ _ _ _ k»21- 1{r ! k ; RICHARDS• DELORES 244350-5 0461565 J 24*9U- s •; RICHARGSo GELCRES 244350-5 6479371 J 3.98- •c __RIGHJfRtaSi iG�tES 2�435p5 049B�r70 J __. _ 32»86 S RICHAROS,- DELORES 244350-5 0496471 J 26.50- L! • w ICHARGS. GELORLS 244:350-5 0498472 J 24.46— iu EL7QUS___24435(F--.5.__0 5 5-?3.8.3 3..J . __ _ _ 17.49- � 5, •f. R ICHARCS• DELORES 244350-5 0575526 J 2.3.3-- I' • i a k1CHAkCS, DELORkS 244350-5 0582151 J l 54.88— •` -"---RTCTiATc"E Sif D-EL09ES- -._2.4-43.5.Q.__5_...0 395455 .J . ._ . _ 55045- S, RIEGEL, MARGARET C 270366-0 1369690 5.64-- 1 !;,• 's • 960RIGl1E2, JUAN ZA 245591'3._ 099&529.. __ _ ._. _____. _- 28.20— b7 _.- A t �f---� St--At3CRAE-TEE - - 29fTi3$�-8 12-73670 -J 47,00- ------------- 3, t i j� I m 14e^y-1v,f f .ies i CgNTitA`: t� TA0�1N•tY'`t9Et}IGALRVS Re�+I�i(t ''0 2416-�' AE �7 -• ACCOUNY5 R CI"IVABLE WRITE-OF S 1 at�CO3SS pA1'E 6/26/77 I ; S AS OF '00/25/77 I rr• OTHER PRIVATE PRIVATE MISSING DISALLOW MEDT-CAL SH-DOYLE NF1 16V0ILE - ._S-/P _AHD-UN 1" - _ -Plt`�f +�i�6T R� i I-CAL U ELT+-PROCEDURELIABILI TY LIABILITY— ' I L fiY-.__ JAI ES PHILO 2S 74-4 0992003 E 28.2n� NEWTON, NANCY NMN 146448-6 1300140 9eO6- .n ,s • PANKEY, BETTY ,LEAN 261560=7 101.2245' E 71.24- I PANKEY, EETTY JEAN 261560-7 1016464 E 5.12- 1 7 i. • „ _r __PANKEY* BETTY .IE AN 261560-7 1C72243 E 21.65- PkUITT , ROBY P 136194-8 0763005 E 3.42- P RIVIT T .42-PRIVITT* RUSTP-F -- -I3�I'�4=EYti783075 -E -_-_____..___.____..------____ _.__ _.3096 •� RABOAN• LEWIS 030446..7 0755107E 30.76- 77 - __..__...... ... ......_ .. kAbfJRN, LEWIS 030466-7 0766772 E 30.76- RABURW--L-EwTi S .E ._._.. ------ - 31.62- i 37 • KAd08N� LEWIS 030466-7 0773684 E 30.76- � RASMUSSON, DEBRA is 225966-1 0347976 E 48.00- L � f i 'K 5-SNIgSSIIN _ CR-V_V 2Z-59-6"I---039.31378-E- _. _ _ 37.52- •� RASMUSSON DE8kn R 225966-1 0649596 E 53.23- t _ RASHUSSON, UEHRA K 225966-1 1115853 E 12.70- I _.5."6.4�_. RhODES, 1 7- IA (OLIV1,76575 159855 J 70.50- -__ _ _ --_- S PHODES, OL IV I A ( 116577-5 1178777 J 28.20- �Y - --- -KICHARQS r__U ORE _24'�i35(Fw._5.. 010 01<4.9 .3 _ 54000« _ y 51 R ICHARCS, DEL UR ES 2443 50-5 0100150' J 54.00 ---- = -- -- ----..-------- ---- -- RICHARGS, DELCkL-S 244 50-5 0102155 J 4.05- I 'DLD477Z J_ .Z49 4:35 5, RIGHARCS, DELORES :44350-5 0236112 J 46.97- .o — — 9 RICHARCS, DELORL6 244350-5 0246999 J 13.31- - -- -ItICHA-"S i-D-EL:'ORES------Z4_4_a5U_-w5__03-06.1-04_,{ _ __ .__._ . _. _ _ __25.50 0 M1i,tpifri.i,tnPr II:.. it[,.:ych.,i.gyrus _ s C13NTAA• . 11S7A COUN V MEDICAL, .SERVICES i � _ _,. .. , ,. 8PC1R7` 'j7`O� .��►1i� 7 PA+G1 � + CCONt_ ttG�:1V�,$�:E' 4iR1 TE €��F�a P�t(ktt5 `QATE 01!!26!•77 . i AS 0,F"016/2,5- i77 µ6 OTHER PRIVATE PRIVATE MISSING DISALLOW MEUL-»CAL Ski--UUYLC kJ. NpG2GE _57P`�-IC D RT-__-__ -P7IY.. l tll -» 7Fi1U -E L A L Y I q L ROGERG, 0ETIt,100 28142Ci-O 1342335 J 4 a50y } LIPARYt JEFF CRAIG 181013-4 0997114 E 44.201- � is- ----------- tit LIPARYCiT1�1 , 18 01'3-y'�e" fit' 7_ _______.__._.___,.__- _____...._ . . --74 461 _. ___.____ ,s LIPAAY* JEFF CRAIG 181013-4 IC43866 C 53.14- � L IPARYt .JEFF CRAIG 181013--4 10350426 E 30.72- to " • �!'i'�T1:i V�i` V�iL! ,R S7dYiJ��~ iV�GV I� _�.__..--_.__..-__. __„.-.-_..__.__.._._.._._._.__.,.._ ��+�� :} LtP�Z. JUANA LEANO 194757.9 1044012 C le.za- MAGES► ALICE 190719-5 0648655 L 9.20- a� "iUl €'TiEE* 11"CTCE_ -__7`-�TttTI = 0.6.631,27 E __ .__._ ..____._ _..__.._ .._ _._.._ 2I; 7I3_ ._. _, t AATNEWSJQE 6ILL1 048946--8 1385347 E 73.92- ! � MCKINSEYt MGUS 8 O959t8-2 1826348 E MCMINI;MV# DIANA 195599-6 0062640 E 27.00- MLNUICLAt HENRY NM .275433--1 C000368 105 7.52- MEN D'IUL-Aj-'-HEffRY`---NM-'-*2'7-t4373 .52--MEND'IUL-Aj-'-HEFIRF_-_NM__.27T#33 1_,-08 38'Q8 ____Z05 _ 25«46- 74 MENDIClLAt HENRY Nib 279433-1 Ce26185 Z05 5*64- MENDIOLAt HENRY NM 21'4433-1 CS16377 Z05 28.20— T'C NO-IOLAs_KENRY__.NK- 27541133-=I 093-0772" _.Z05,__ 28 20- _ _ _-._ . ._....._.__ -_-__._._.__________________..- _.__.__._.-.-_ ____..._.___.. .____ MENCIOLA: HENRY NM 279433-1 0986095 2015 9.24- MENO)IOLA, HENRY NM 275433--1 10647:34 205 5.64- MENDTIILA�_iiENRY�t�I� 7'� 33-=T 11,557{3 _2.05 _ 26.5.2 MENDOZA* DANIEL NM x98151-2 1289274E 2.96- �~ MENDO ZAt CAN I EL SVM 296151-2 1.296115 C 37.31- 9 7 7.31-97 E i} MOORS\ JAMES PHILO 257574--4 (894902 E 19.81- MCCREs JAMES PHILC 157514-4 0592002 E MQO7its___J-h1fiES-_-PNTC13�575?�G--�i .0'79211134 E.___. . _. _. . ___ _32.98_-. r.€ l L ` i 1 . bN ' !°:' ATA COUNfiV>4t60ICAL SERVICES' R��P�RT +� ;9� ='Y AGE 7 v ,� A u�1�rs; cEtvAeL WRITE--CFF Pi OR 0 TE 08126177 VSs i, OTHER PRIVATE PRIVATE MISSING ttA�LLOW dept' Citi. SN-i3t7Yl.E NVUTCE �.__S7F AMU -_.FE. _ �CAL_ U bOUKE LA 44 "`6 , 6r6" LLE, ANN JIMM IE 127467-9 0055823 E 27.00- ET; Ili" 1#6 5i" f 3384 7. _00_w LEE: ANN J'IM#4IE 127467-`9 0091:061 E 27.00- L.Elt ANN J IMM IE L27467-9 0579403 E 16.811- C:E.E.;.-WNNJ LMN1E- lZ_146_FV__0596TZl_r ,, � LEE t ANN JIAMIC 127467--9 0566122 E 44.06-- � ! _ ___ ___ _..____. .. _____ ..�_.____-___.._.._-_--_._.___.__. .-,-. ----..._.____-_._.. __... .._.._- W.t ANN JIMMIE 127467-9 0592788 E 213,00- � a7 LEf t' ANN J..IMM�.I�E 127467--9 0614690 E 2.91- � LcEt ANN JIMMIL 127467-9 0619691 E 28.00- • _`-t;EE",r 1'It�R'�T�i�f'I.�.,_,._._`1.274"Ir7=�-�ttb�'�?�1k3..�.__.__._. , ._._ 4.0�x.6.�_ a, Lrze f ANN J IMM IE 1.21467-9 0641485 E LEEt ANN JiMNIL L27467-9 0654175 E 59.95- � as __E_E.E __._.71NI�I_,TI7ii�IE tL7ri G 7""Tj 13 t S'�i I76i. E_....... 16.80.- LEE, ANN JIMM IE 127467-9 0661649 E 3.78- I �' LEE, ANN JIMM IE ;.27407-9 0061650 E 2091- 17.19- 45 .91-1,x.19-45 LEEP ANN JIMMIE: 12'1467-9 0762459 E - 7,79- * LEE: ANN J1MMIE L2740-9 1002612 C ��t `A7iiN•� +TE____`�I�27+T-"g -�,Q'09t17i3.__E_.__...__ _._.._.. ..___._._...._. .. ._ _ .11...1.1..-_ r LEE# ANN JiMMIE 127467-9 1022129 E 3.22- LIND13ERG, BETH LL-ij 2811110--0 CS04r84 J Lt3.16- LINDBER69 BETH LUU 281420..4 0924352 J 12,00- 6.43=- LINUBEKGP BETH LOU 281420-0 1309268 J 14.68- � !f :7 -- CI�iD1ICR�';T3Er�Ti1U-��:}�--�--��-�.��.6.g _� _ _ -._ _ _ _ _ 7c�_.�t�-__ _ _ jV,.■i. L� 1.1aUa Pi.i,;uir r i H .p.laJ i.T•us � f 71 rte' 0. r; s NTt.S :GOTTA CQUi�i?Y. 1�EC1 ICAC. ; S R 4iC5IURT T04 24 e4ACCOUNTS"RECi±dVAOLE WRITE-;-QFF. PitdCi:sa ;DACE:,,: i '131 �f7'1' A luf bt/25/77 _b aTHER PRIVATE PRIVATE 'MiIS5IN6 DISALLoW MEDI�-Cit. SN-MYLE "'u1�---TRVt7I��_ w �7F �ANnQ�I"t"� _ _" PAY �E�2� � - , LABELS � OUR y i.EA'VER�' LAURENE 'CH 244 14 �tr .04'3'35113 LEAVER, LAURENE CH 249045-6 0453504. E 22,: 7- .tiz rs LEAVEit* IAUR.IyNE: CH 249'045-6 0461809 IE2.66- LEAVER. LAURENE CH 249045-6 0498702 E 50.94- r4 0.94»r - -L-E-WEK, LEAVER, LAURENE CH 249045.-6 06919 75 E 10«88- LEAVERf LAUKENE CH 249045-6 0943176 E 28-20- � • h R LAURENE ]7 LEAVER LkUR'ENE CH 249049, 6 1024704 E 16.44- _ LEAVER, LAURENE CH 249045-6 1037867 E 33.32<- • ► �T �i`+T7tffi�'izi4E�CR�Z�t+ iTjr5�`ti Tt34��58I--E'--_ ___.._.._ ..__-___ ______ . . __ _-.44.54 __.. . . _. , ]� LEAVERt 'LAURENE CH 2490*45--6 1045582 E 37.14- _. . ..-_. _ .._. _ _ _ ._ _ LEAVER# LAURENE CN 249045-6 1051480 E 1.3.21- � *z E.. _... _ _ ._ 14:64 6 1063962E LEAVER, LAURENE CH 249045 31«2:1- .» LEAVER, LAURENE CH 245045-6 1071347 E 30.94<- !� _ Z:EfiiVE€ Ii ENE-GH-�49�Q4 = 6 1078953 E._ 2.78- ,` LEAY1:Fd, LAURENC CH 249045--6 1078954 E 5.24- 4 LEAVER, LAURENE CH 249045-6 1085359 E 16020- L AV 6.21-t-EtV EFf,-C741JKEi'i 5.52- 5, 0 LEAVER* LAURENE CH 249045-»6 1091612 E 18.76- � � 0` � . LEAVER, LAURENE CH 249045-6 1116398 E 3.96- si CEAVEFC� E.7`URENE�CN__2�i9{Ii 5 _6._I IZ2753 E 73"92- 57 3.92 57 iLEAYEAs LAURENE CH 249045-6 1135530 E 46.66- i.EAVER, LAURENE CH 249045-6 1154935 E 31.47- I:E-AWRe__CAT7R-ENF.-_CCi_2-49F45---_G ._116 3-1-1__.E _. _ .._ -, __ .__ _ 47.77 _ 0142+ 14 r - c *EbUAL SEKVICE s AGE I JO -291 CONTWtOSTA, tmki REPOK —.1 , 0-�4,,-P DcXlss�**o T? Al 26 AC"�-00*(�4-,g �fittt V A 54 R MPRIVATE PRIVATE, MISSING DISALLOW MEDI�-CAL SH-DOYLE -TN URA -W AOU -f f AV --KutAlm MEDI-co% �LUA tl Ty NPE � L�SELSI PR IN 25. C 0 - 09146719 F. 63- SO 9 4A a AAA* i 2443�94- JACKSON, BARBARA J 244399-2 0514660 6 16.80- JL M--- 1.8"66-4 JDNE$ 4 JAMES ER'SE .2430$1-T 0056962 Z06 5*64 "� JCNES, JAMES hERBE 243081-7 0863221 Z05 5*64 -T 4 Ll N�E 5 j7--JA114 t 5 HERSE JChES# JAMES HEASE 243081-7 1167212 Z05 18*24- KIRK, WANUA JEAN 047e19-8 0814927 E 34.46- KZ ---------- 6 'E47,00- 27 KIR99 WANCA JEAN 047e19-8 0814929 E 43.57- K UR K 9 WANDA JEAN 047819-8 0821341 6 4.22- W.—di'7 K-A --j-E-AW U-4T 019--W--f6-27 X63 E LANT tRy ETHEL NMN 012434-7 0562110 E ----- 16.8i3- f - LANTER# ETHEL NMN 012434-7 0390778 E 14*00- .......U 1*24347---07G6459 E 276274-6 0884239 E Lft THIET PHUOC LL-s THILI PHUCC 276214-8 0910376 E 28.20- Cli 200-45' 6* 4253078 E 42.7ib- LEAVERt LAURENE CH 249045-6 0263144 E 74*20- LLAVEki LAURENE CH 249045-6 0263145 E 23.92- LEAVERP LAURENE Ch 249045-6 0275696 E: 31*I1- LEAVERt LAUkENE CH 2'19045-6 03154483 E 8.24- -t-E-E-AVERi7-'LAUR-EriE--Cli--2-49045-;-;-6---0336834 E 5010- LEAVER# LAURENE CH 249045-6 0336635 E 23.76- 10 LEAVER, LAURENL Lh a40045-6 0336836 L 30. 16- --------LUVER-# E 28.00- r. ■ :....... _. < .x ' ..;. -.. - .. c. y ,. .. . -.:.: is•..,,-, - -0St,q C#J�I�TY� MEi3,#�A1.,:.:SVI4s— ,4 CIUS RECEtNT1FA8Lf`.NR#'TE4RPS AGCRIt7CE55 pAtE p$/26/7T _. AS 0 ( .o ^e OTHER PRIVATE PRIVATE MISSING DISALLOW MEDI-CAL SH-DUYLE S IP•" A�fIIUNT _ ..PAv .._-..ME pIi� 7�{E - _ tt 9 PGRACE GRACE l E6NA :3031't8-d .1344377: E 1.20 !� CUNNt STEPHANIE AN 135985--8 0873540E 18.80- iz S3STF`uFtIW-g'-1i��7��'___.__._____._._-------- F ._. ._._._ ..— .--.•�7:qq... ._._ ISouNN,�STEPHANIE, AN .135585-8 tgL3249 .E 3.00- _ CU NN STEPHANIE AN 135585-8 0940840 E 9.40- I • ;a 21 • EVERS9 PETER CURNE 271081-2 131595 - • EVERSt PETER CURNE 271061-2 1: 82802 6.66- • a_, I FLGT,7ARt1Y� 6kTtY-i �534iitl-� ?T �€�3 E _._.-._ _______.._.____.____.__ ___-60 4: � RL'OURNt1Yi BET;jY M 055499-�8 0065613 E 28.20- , FLOURNOY, BETTY M 055499-8 0899324 E 2+8.20-- FOST Rw 'DELOR ES AN 034084-it M6999 66999 E 28,20- _ • FCSTCR, DELORES AN 034064-4 0973663 E 2.72- ( •" ,, • HALES, WILLIS N L83466-2 1056302 6,40 HARBEAt ALESE EDWA 259856-9 112299923.50 50 _ __ __ __ . __._ _.------__-_--.---------------__..__.___ ..___--.-----... .--. __ _�....�h�.�di J1TTh`EN.E,_-C_�'I9��++�i t��l_--O�-Fi39bb--L- ---. ___ _._._ _ ... __.._ __ Lg�8.4�..__ _.._. __ .._.___ HAR©LDt JUELENE 1 196446r-9 0770115 E 48.04- y HAROLOP JOELENE L 196446-9 0777219 L 69.59-- • —ii�A1t17CI1i";t•G�C-�F_L___x4.6�r:�i��9_.O�I-7734._E____- ___.__ _. __.________ _.._ 18..�q- .,; " •---- HAROLD* yJGELENE L 196446-9 0830507 E L8.80-- • HARCLot JC U ENE L 196446-9 06371.15 E 110.07- _ _ __. - .. __--._—^.__------------- - — -----._...- ---- ---—.`._. ----- -AQCGi" JGEI~�"NE—t-I'S-b-�.-6--9--08�89gb_E -'- 4T.GO.=___ S, HARQLO# JOEL ENE L 196446-9 0868226 E 28020- _ �._ —__-.__-------------- ----------------- --- • a4r ♦ ,HAkQLl,t J:JELENk L 196446-9 0866227 E 56.80— a • a 011m �a ggou___. .__ S a • �,; Mada Fl,manl>!rom tJcyt,btl F,Uns F., , i_. . Vk . 5,1S :. 5' .....:. - r :. - - :�',.: .. '' .r, ,', �..�;. 0000... _:., ,. ,0000 "'.:,:, k... ... t ;:•.. :,r.,_, 00'0'_0..., .:.,.,„ .: -.r CiN7. A_,CtASTA C UNT-1 ;t4Et IGAL..,: ERVtGES �1. G, x . ,0 0.0 0 REP RT -TO :291-0" +fir epi AtCCIUNi�5,.iiI CEI L 41(l'CC OOPS' PA0 5 QA�'i< 775 y' OTHER PRIVATE PRIVATE MISSING DISALLOW NEW--CAI SH-00Y'LE JNVOICES7F""7Qt] iT __�__-_ _p?C� -_ - �i7ICC - Ui CAL SURABL • �A ektN "tA88E17 T URS 2 1933-8 1071949 E 28.20- � . . � 1 BROOKS, JEWELL SUS 216027_3 0875297 C 56«60- GAK TEE Z460 w 1 �s CA��i�'—CtO ANGELA N 241431•-6 .0491007 E 49.911 . _..._ {M CARRANCO, ANGELA N 241431-6 0566067 E 8.51- -A`t + CARRANCd`, ANGELA' N 241431-6 C5820L3 E24.76 - _ CARRANCO, ANGELA N 241431-6 0588969 E 51,18u— K F_7_c_ RR7[hi"C ANGELA N 24144 it tAlkRAN;O;o A► GELA :N "241431-6 06G11962 E 26«SO- ..____. . CAtRRANCOr ANGELA N 24110L-6 0601963 E 16,80— UtANU '° 33 i CHAVE2, MANUEL P 156326-1 0713918 E - __. _ _ . _ __ 4.0 COLE, OCNOVAN 13X68-6 IC61746 .+-, 213"20- rZ CORZINE, HUGH GOLD- 243430-6 1375320 5,64- COV INGTON, 5APUEL 173554-7 0426231 E 70.97— 1 NATRIIrtd`FART17__T2Z503 6_._1257079 .. Z05 9040 tikV__t ,� AAV 1C� L €�Aa29�-1 1043961E 21. 1x— x . _ _ _ _ j DAVIS, OAVLO L 186229-1 1050486 E 26000- 2 r 8'300 41- , —' — DAVIS# LE INAALA 170167-1 1374077 – DEAN, WILLIE JAMES 111494-1 1379506 5.64— 00.00 - ... _ _. ._. __.__ .._.----'-.'_----- 8:13.3._.._.,__ .. •!� CIGKENS• TUMMY WAR 23€360-2 1167104 5«b4 , ii C I XON, CARR I E NMN 290921-6 1383413 7.52— l� � 5 • ................_._..__ _.-00__00 A -- .:t. _, l /y' f ll .CbUt�'IY NpXAI. 5l ' tCS... _ ,f R�F1C1��`. T'� 2+31Q_.T SAGE. 1 A6jcE •V:A•13Le':WRITE'=OFF RACE S 5 DI11 E" 0826/77 rs AS 00 08/25`/77 -` _- OTHER PRIVATE PRIVATE MISSING DISALLOW MEDI-CAL SH-OQYLE , -Z;i7AF 4R _ _ 3 T�__`7�fII l� �_.- -i y ---- RM C A - L RANCE- -TAZELS. PkUCEDURELl-A81 Li TY-L L Y �I I4006i1E1801 Ci 0,998 4-4 I112b237 t to X8.20-� AA®ERG, ROBERT D 099834-4 1042031 E 2.54- ` u • s ,S d1?AMSr WItV 21x232- (197796 E 70.50- . AE;AMS, WINFORO O 212232-3 C997797 E 34.47- • to — 1) iE 59 WINFUKU U ADAMSy WINF©fto 0 212232-3 1010974 E 41.67 Y ALAN,S, W INFORL) G 212232-3 1017372 E 35.31- ( { a/ L TNFIIt T+iT`�aI TL 7373 �- ... - _.._.._. ,__..._..-._.73 0 __ __ - _._ __... __ _ --___ - --- _ --- -- _ -_ _ _ -.._,___._.. :r • AUAMS WMfOA0 '0 212232--3 1030205 E I AUAM5, W 1NFOR0_0 212232-31044647 E 66.40- __-_-------...... -1 .�_ _: .MS-•�i IFdFQ�U iT `a`1�"3Z=�3 -1t}TiI8E-- 04� _ _ - _, Z8.20w - - , 13ALLEN, WILLIAM WAD 184008 1 LC77652 Z05 4.48 ALLEN, ►4ILLIAM WAD 184008- 1 1115031 L05 16.64- • 1.24 ANTONINif ANTHONY 263766-0 1.149329 Us 3.50- ANT0N itJ 1 ,. ANT hUNY 263768-U 1174517 Z05 1.80- HENN@7't, PATRICIA 294724 Q 1182579 J 111. 16- BENiaETT, PATRICIA 294724-0 1194562 J 28.2U- � __--,—.UE URUM t3RTT^Z1-H02-0-b_.13 8I597_ BOOKER, PATRICIA 176923-9 0098595 L 100.00- � b0f)KER, PATRICIA llbS23-9 0106468 L 54.00- I �= 4 S, BRAGHETTA, JAMES W 216503-4 0417849 Z05 .36.110 • BRAGHETTA, JAMES W 116503-4 0738359 1175 5. 12 I a T11563=4-_-i028515.._ ._ ZQ5__ _ _ 5.64 61 t • f.ddJ F'rrndr.'7 lroni t,v,yGrtl ,U ey 1 I t m 0, t CONT k,COSTA" C'OUNT A V-' MEDICk SERVIC ts , REO'OR'T TO io i PA 615 5 ACCOUNTS RECEIVABLe' WRITE-OFFS, AS OF 09/18/11 �P ROCESS DATE OVL9/71 ...... -CAL, SSING 01SALLOW MEDI YLE 01 GUARANTOR F V N -INVOKE S/V AMOUNT PAY MEDICARE , MEDL---;CAL�� 1 LAS ELS #k'dCEbU ' SU A RE LIAO ILITY LIABIL I TY V ABEL 096-5 L229154 z 0 VIGILv ISABEL LIU096-5 1243100 Z05 .84- VILLALOVAS* GUSTIN 027L23-9 1255253 LOS 26.02- WALCS�-1j-WjV-CE7STj'--W-n0- 7.52- iNATSCN* LSAC 163173-8 1306714 Z05 5o64- --------------- ---------- 01 WESTt PEARL NMN 297645-7 1289168 LOS 5.64- �_�4LLLAMSt ANNIE 142033-0 L306308 Z05 20*52- WYATT# RIChARO 029,553-5 L241735 Z05 5*64- ........... .......... TOTALS 292 79- 293,,55- Z05' UNASS-L-GNED 'PVT' PAY -876**89�- ----------- ASSIGNED - AL ASSIGNED - A2 -' "A3 ASSIGNED A4 A!�SLGNEU A5 A SS I-GNED-'- 'A6 ASSIGNED A7 ASSIGNED AS A'S'--S-f MN-E--U -A-9- ASSIGNED AO 22508u- ............ 14 Microfilmed..witb board order CONTRA, `COSTA COUNTY 14EDIC`AL SERVICES iIEPOA.T TO `291C?+T PAGE 4 0 ACCOUNTS RECEIVABLE WRITE-OFFS PROCESS OATS 08/19177 '+ AS OF 08/16/77 •( `OTHEiT _..___..__._ FF(IYAM GUARANTOR F U N INVQICE 5/p AMOUNT PAY MEDICARE MEDI-CAL INSURANCE , LABELS PROCEDURE LIABILITY LIA8ILITY PGRTER* LOUIS NMN 198987-0 1.367969 RAMSEY9 BETTY, NMN 082732-9 117685149.96- 33.32z: �-�1�N�S-�Y� �E�E'i`T?1 -NM�I��=��17b8�a2 _. __..-•• .. 33.32- REGELLOt DANIEL JG 272436-7 1225796 Z05 1$.48- r __.__... .. _.._.___ .__.__.__ ---- __. .--.----.__._.___..__._ _..___. REIDER, PATRICIA E 170004-6 1251066 Z05 28.20- 0 •i i�b�fiLNl.l._-CS�IiVi��1� d__.._...�3�'64t�=1. 1�117�4_.. . _..__._._ __._.. _.._._._. 59.04- ;II RUNE, NANCY 159688- L 1197509II 37 60- ROYSTON# LOUISE LI 000467-1 1124675 Z05 7.00 RUV LCAT; RAJL GU 283864_7. 1019346--- ___""' -" _.- __.__ . .. ..... , 46. SHAW# CLYDE ALDEN 255237-0 1232007 Z05 17.99- �� SHORTER, SAMUEL L .166581-9 1285768 Z05 9.24- I � � 0 �i�Gt�TEa,.__SAMUEt I;.. Ibb5.fl�=-g ._I31I6T72. ._. ..._z.05- 20.4 . - ____..__. _. __... ._.. _..-.,_.. .__.__._ ... . .,._..__._ __. .. ____._._. ..._... ..._ ._ _.__ ..__:_ _._.... . ..�� a SMITN# BRADLEY JAM 222060-6 0171135 H 00- 108. SNAVELY, ELONA FRA 126141-1 13666035.64- Si1k$L1LIs JOHN IHOM1r4�04-5 12�y5b3 ZOS 5.G4- a� I SPIKES, MATHEW NMN 217257-5 1238079 Z05 47.00- _._ .. _ -- _----. _ ....._.... _.. - r �i SPIKES* MATIiEW NMN 217257--5 124516Y� Z05 28.20- 1 ; � SP.LKE.S�..�i7��Htk�N-ti�fiN-_2.�725�-_5- 124�T74______ZOO.... .____._.__r_��s__.._-.---- ..__-__.__.______.._..._.._—___..-_-._..�------.__._..---.--._.._.._.__:----------__-------_-.. ..-_ __.��.__:__.______----•-_.—___.._.. ,__.___.._._ ._.._ _.. _._. .. -- - STARk, JOHNNY NMN 046585-6 1297397 L05 8.74- ®j STf:WARTi JOHN J 156764-3 1:306614 Z05 12.34- TABU, PEDRO TAPLAC 243851-3 1252486 Z05 53.88- .- ... . Nil `I,� TUBBY JAMES PAUL 072562-2 1256118 Z05 16.04- � �ASUUEZr EOWAkU -205483=! lZ�l't2�f _ LU5_ ._..__ 6.8�- i� 'y� VASQUEZ, EDWARD 205483-1 1251727 Z05 10.31- I �i > VERDUZCG* LEG ZIGF 073703-1 1242506 L05 5.47- � � z - . .. . k,t ?. ? ♦ ... .. - 4. .. .. it 7. . ,.' .:.. ,. .-.. -_{. s CONTRA COSTA COUNTY MEDICAL; S RVICES REPORT 10 "•2'91.0-1 PAGE, 3 S ! ACCOUNTS RECEIVABLE WRITE-OFFS PROCESS DATE 08/19/17 I AS 4F 08/18/77 __. _ ....._._�____._..____.__ O RE - tTYdfi _.__..�_..._ R ►A L��-f f 5 l �f S LL01 .:MEDI'=& �=DSO fLE GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEDT-CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY � to i HrLLI AN, DAVID 130046-6 1366697 5.64- + i ij HGFFMANP RICHARD W 051408-3 1228140 L05 22.91- I ` •I H OF FMAN# RICHARD W 051408-3 12.34849 L05 24.92- _---------- • HUN7`r__ MA5'IEit N_ . _-2�1$Z�--b 13b7$29 . ____.----___.__-------.__.____..-_.._--..--..._.__.____..__------_- JOHNSON, JOSEPH 210617-7 1258938 Z05 68.62 DANE, ANNIE NMN 266030-6 1253031 Z05 1.88- i KAi�1Lr A�iNI_E_NMiN_._..-._"26b(i30-6. 12-53032_._.__ Z05 8.g0— i TI li KANEs ANNIE NMN 266030-6 1266952 Z05 6.92— ( I • �! LEE• HENRY C 238358-6 L245573 Z05 34.68- • u t LEE, HENRY G 238358-6 1306139 205. 5.64 _...... ! LONG• JOHN EDWARD 303041-8 1364194 C 18.50— � ; • L ON6_9 7U N__ 0WARD_.'3'0_3;04_L-'6 136429.5 G._.. ,,:. LUVEt AKTHUk LEE 281708 8 1239852 L05 44.76 e LOVE, ARTHUR LEE 181708-8 1239853 Z05 5.64— ` •� „ MAJOR, . NAkY' ELLA- 012631-8--'1304092- 205 _ 18.92_,,__ -- � ' ,, MALONG, 6ENITO 073539-9 1242503 Z05 6.14— • MARTIN• JOHN MILTO 194812-4 1307249 Z05 5.64— f_--_._MGNEALY, MAJOR 147855-1 13.tii022 7.52— MGNUTT, CHARLES PE 272026-6 1232471 Z05 9.60 - •i, 14ITCHELL, .JUDGE 175294-8 1258179 205 26.05— _ .NITCIIEIL, JUlSt E _. 1752�Jk--fl 1265923__ __ tG ., h1YLE5, CHARLEY L 174515-7 12513161 205 40.78— -. ...-,_.__----- ®I GLDRUP, STANLEY WI 162564-7 1306701 Z05 17.80— ` ! PALMER, L ikkALL_UL t27538_7 _1256;211 Z05 PALMEk, UARRALL UL 127538-7 1243433 Z45 16.04— PAYNEs RUTH NMN 2016367-5 1279437 L05 33.72— • - . 1 A Ci UNiY, t, QICAI:''SECtVYC S :F y REPORT TQ 2S 10--7 PAGE 2 ACG©UN tS;.ttt-CEIYABLE siiklt ;COFfS PROCESS DATE 08/19/77 AS OF 06114171 1 _ _ _. __ _ � _ _.��PtI VA _ d" _µ S _.._ - __--_ _.... _�TsIW MM OI=CAI SH-DtIYt.E i GUARANTOR F U N . INVOICE 5/P: AMOUNT PAY MEDICARE MEDI-CAL INSURANCE LABELS' PROCEDURE LIABILITY L.IA62LLTY -C�3N' FIEK ,� .jCISE GO 119364- 8 L3b154E7 _ .__.._.�� 125.66- ,r COS TA s JOSEPH PETE 181562-0 1185445 Z05 31.67 CRANE, JAMES 202567-4 1251641 Z05 L3.76- �?Ak1�ZNN-, UAVIS* FRANK NNN 280923-4 1253513 Z05 3.76- --------------- DEANt WILLIE" JAMES 111494--1 1229185 Z05 28.20-:., DOGGER* TAFT EOISU 127148-0 1.327158 69.31 DUNHAM, VIVIAN 283630-2 1047021 6*40 , �I DUNLOP s WILLIAM NM 222419-4 0387341 Z05 9.bU- � DUNLUP. WILLIAM NM 222419-4 0547340 z05 Ei 5ELE, R08EFfT SEE 281 9.L2"6_.04.11Q3 Z0_5 1.4.,..8.0.._..._.-._. _._.... .. .... ...._ ._ _. ... -...._.___....____.._ .,-_..__ ..... _ _,..__..____...�_._._.... _._..__ _....______._..___..��_:_._._......._.____..____. .._,.. .. . . ..._ ._. ..._....__ �-, ". ,4 EISELE,t ROBERT REE 281912-6 0931335 Z05 1.12 ESPINOZA: JOSE 145283-8 LL20794 Z05 19.86- s FOSTER, WILLIE BEL 070875-0 1256091 Z05 23.34- ! FAYEK f REGULUS GHA 280697-4 1253501 2115 21.64 13b2all __ . ._. _. ... ... 8.03- tyAkYf, LUC tLLE 060035--3 0892918 105 1.64 " GIFFORD, IVAN LAWR 080734-7 1.242621 Z05 10.24- � /► c�u�,�►r0. i1sttGLiS LA 0450Ql— 1066669 Z05 5, GUiLLGRY, AGNES NM 297461-6 1275329 Z05 6.66- �' GUTIERREZv t1ANIEL 166734-4 1204039 Z05 2.37- HAaIG, ktILLIAM EHI 2E2052--4 .125223 _ /05 3.81.- R HANNAN: DORCAS MAR 264686- 7 1308108 105 � 165339-3 230.88- HILLQ tD•N N 1276705 Z05 24.81 - : s CONTRA :Ct]StA COUNTY ME:DI`CAL SE RVIC- E REPORT ! s ACCOUNTS .RECEIVABLE WRITE—OFFS 'ISI. 2920--7 PAGE 1 a AS OF 08118177 PROCESS DATE , 08/1.9/77 OTNE;R_, ._._..._��P�IVA!'�_ �_. . �cTVA'��__. �3T:S`�Ii��`DI"SA�1.�"��D�=:�C�`5� E,± GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE ME DI' CAL INSURANCE LABELS PROCEDURE: LIABILITY LIABILITY �r " AC;uS a, A +DE.UNiA 068176-7 1263301 1 ALCUTT, CORA NMN 272796-4 1365!537 23.24— i • ANDERSON, JOHN NMN 263670-2 1148583 Z05 28.80 AlV0Ek5tINr JOHN tVMN 263670--2 1161655 ZOS t U-- 5.b4— aNDERSON* JOHN NMN 263670-2 123222 x. 0 05 5.64- ... r --_ _ 0! ANTONINI. FLORENCE 141085--1 1285256 Z05 26.04- 1 E dFtivUlU, -4 08-74791 Z05 731.17 �i tiAKE}t, ALBERT 154941-9 1367159 5.64- 8ARROW t CHARLIE L 0535:31-0 1283638 Z05 7.48- 8ARTLErTT;�Fit7►NCIS - ZtTt� 3-0_._,125868.2 _ _.Z.O. _..___-. _.. .7-� D..._ _--._ :_____-__. __ .._..__.___n. _._______._.- �._�..____:_,..___,_ ____..� �_ .__.__._ _ bEARIUSLEY, MERLIN 074506-7 1305118 Z05 BE:ARE)SLf±Y, MERLIN 074506-7 1:305119 245 4.33— � ! ,. . ---B-EASCE:Y;-_RGBERTti_ _24443-6=5.01-04775 E bENHAM, JOEL EDWAR 120899-U 1243.277 ZU5 5.64- 6ENHAMi JOEL EDNAR 120899-0 .1243218 Z05 34.37- ^, I IRSEk. ASM T }EEk 244152-k 1254140 L05 6 .82 a, dClYO, EDITH 1685.33-8 1258056 405 17.00— _ . ar �1 BRATNEY* JULIUS L 181939-0 1251.272 Z05 4.65— < 13R(JWN, ANTONIO JUS 106232-2 1082679 Z05 1.70 bKUWNv ANTONIO JUS 106232-2 1095298 Z05 15.45— I bRC3YiN, kNtOfvIO JOS 1062.32-1 11. 0074 Z05 3.55— __. bKYANT, SAM 02:3357-7 1364792 � 5+64_ - BUTRA, ETHEL MARW 298087-8 1254649 205 15.44 t, 7735.64 CAtik�kA, .NSlfti ANO- G 1 (?=$ 13b02�i0 E01 CAULK, ART1E 156643-y 1306612 Z05 5.64- CAULK, ARTIE L56643-9 1306613 Z05 9940- � z� ,. ..t�. . u t�,1' :.... ,.. _ .:rti ,.. :,, .c. .:,. .• C 'Y -.ti_':" t - rx4y+ ., .. '•b•:._s r.. C _..'�. n w„- .r•s .? t -rx,.. I CONTRA COSTA COUNTY;-MEDICAL - c�s . _ '•. � , . REOORI•.TO r291347. RAGE 1 , s ACCCUNYS-: RECEIVABLE WRITE-OFFS PROC SS f)AtE.. ' Q8/13Y77 AS OF - 08/11177 OTHER PRIVATE PRIVATE MxS5ING atSALLON MEOI-CAL SH-OCJYI.E GUARANTOR F U N INVOICESiP AMOUNT PAY. MEDICARE MEDI-CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY ACOSTA, APOLONIA _._--068176-7 1352178___.._______.___..:.__.._.x__ w _.-_�� _�.�_4�_�_-�.._ _ .�___:---.___�___ _.__..__ -____ .:__ -5.64-w 11. f ANDERSONs. JOSEPHIN 291006--5 11.6871.9__-- Z05 `-02-_.__.__ __.._______.__._____-_.___._.._______..-__. .._._ ANTHONYP RICHARD H 086971-'9 1359381 ,s 2.36- I' ASTONS, DQNALC -L- BARBARA 174563-7 123719 BARBARA174563-71237191Z05 .__ 10.31 _.- BALESTRER19 RASMO 033058-5 1188735 Z05 38.52- BATTEN, MELVIN 085011-5 1235442 Z05 13.44- �, • BATTISTEv JESSI.E 160955.,-1- 1171619 ZqS. _..80.-.____-_____.____-.____._..__.. SIESER, ALBERT HER 294152-4 1302978 Z05 12.66-- BOOTHS DEBRA LYN 142142-9 1042969 E 28.20 - •► bOGTH9 DEBRA LYN 1421+42-9 1042970 E16 42- �! 80RBAt CLIFFORD HE 159126-9 1257890 E 17,15- x, i SCY09 JOSEPH N 191080-1 1300047 Z05 4.04- •i iI �► BRIGGSY G(3LOIE FIN 170947-6 1244264 205 10.40- �; BROWN• SUZIE 029750-7 1195333 Z05 32.00- •< . ..... ....________.:___-__ CABRERAt MARIANO C 1,37730-8 1360250 5.64- CAMPICN9 GEORGE ht 276116-6 CL58750 Z05 47.9E _- I n - CHRISTIANI JOE 276475-1 1239629 Z05 3.60- i COLBERTIi ALVA 031303-1 1276186E _..___ . 10.20-- ! s Ct1NNERy JAMES ANGU 145649-0 1236595 Z05 8.38- ______.. . -.----- -- COSTA# EDwAAD L 173449-0 1237174 Z05 44.19- j_. COSTA, JOSEPH PETE 181562-0 1217196 Z05 .38- CRANE, JAMES 202567-4 1244851 LQ5 6.88- _-.---_ .__-.. _._ ._ _----_._ . . _ . CREEL, GEORGE 296192-8 1233693 Z05 16.06- i OIXONy CARRIE NMN 250921-6 1356942 5.64- , GUCKEks JAMES F 2$9372-5 1302726 Z05 5.64 DUNHAMr VIVIAN 263630-2 1047021 6.40-. I .. ..... .. .... . .. . ..... ... Microfilmed wit} board ordet a' CONTRA' 4OS' TA'COUNTY. MEDICAL SERVICES REPORT TO 2910-7 PAGE 2 s • A CdUNTS RECEIVABLE WRITE-OFFS PROCESS DATE € 8/13/77 AS OF 08/11/77 OTHER PRIVATE PRIVATE MISSING DISALLOW � MEDI-CAL SH—DOYLE �s OF GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEOI--CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY ' �• i CUNLOP. MiILLIAM NM 222419-4 1355121 16.66— s E.ARLY:_ROZELL.A._MAY_ 171225-6 0366747 _.Z05_. _.._.. .__.2.•_20__----_--_ •I EDWARDSr ARCHIE 109407-7 0309647 Z05 22.30— �� • _ ELLICiT, hOWARL} NA 1x4262-9 1I96b52 205 40.88— ENZENSACl-ER9 LAURE 261594-0 0760242 Z05 _- 8.47- ENZENBACHER, LAURE 267594-0 0786380 Z05 3.72-- • ENZENBAChER, LAURE 267594-0 CE76750 Z05 15.40— . .__ENZENBACHERs LAURE 267554-0 0937214 205 _ _5.64. .. __-_...-_____..__ .•_---__..�_ _ _._...__.___ __. _ _._ _._..___._.. _..____.._.._____ { • ENZENBAChERY LAURE 261594-0 OS43722 ZOS 5.64-- • ENZENBACt-ER, LAURE 261594-0 1012478 205 5.64— .: •� �� • ,. ESPINOZA JOSE 1452838 .102903�4_. 2.05- 26.41 •� ESPINOZA# JOSE 145263-6 1049900 Z05 .01 • ESPINOZAt JOSE 145263-6 1083395 Z05 3.84 E_SPINOZA# RAFAEL F 065138-0 1221704 Z05 11.28- • FIGUEROA* MARIA NM 297152-1 1247773 Z05 27.66— �•. ^ FIGUEROA, MARIA NM 297152-1 1247774 Z05 70.56-- FISHERi GRACIE: C L65042--3 1299596 105 7.52— • FORTSGN, JOHNNIE 004E67-ti 1234092 Z05 22.50— •�: • - FGRTSGN, JOMNNIE 004867-8 1234093 Z05 11.14— r _----..__-_FGSTEAs it ILL I E BEL 07CS75-0 1297866 105 5.64-- • (GUST, JASPER LEE 205095--3 1204718 2.97 • FRYER, REGULUS CkA 260657-4 1232755 Z05 144.50— _" GIBSON* CEAINE MCG 295644-9 1194865 Z05 8.64— Y 21 • GONZALES, PETER NI 257262-8 1247789 Z05 16.36— '" • x _GGUOIE, CLi1RENCE T 239732-1 1252371 205 76.00— ' GRAY, MARGAkET A 014026-9 1289951 7..03 t • GRAY, MARGARET A 014026.9 1285953 6.86 �: • x IA 11 at`! ± .. C07NTRA' CAST A' CgUN'IY I�BDICAL SERVICES REPORT TO 2910-7 PAGE 3 s ACCOUNTS RECEIVABLE WRITE-:OFFS PROCESS DATE 08113177 AS 00 1381i1177 ----------- OTHER PRIVATE PRIVATE MISSING DISALLOW MEDI-CAL -SH-DOYLE.._.___ , GUARANTOR P U N INVOICE S!P AMOUNT PAY MEOkCARE MEDI-CAL: INSURANCE LABELS 'PROCEDURE LIAtII LITV LIABILITY ^q ..-.__-_.._.---:._.._..-._....._.._._�...___".____-____.._..._....-_�............._...._._....._-.-,.._---...-._.._"-_.__-.._-.-,._.--.__-,-_._..__..-__..__..._.,...._____.-._.,.-_,.,._..._..-_ GRAY* MARGARET A fl14026-9 1344571 5.64 ,; GUILLORYt AGNES NM ?97461.-6 1241152 205 -.--__ 20000-'_.________ �f GUTIERREZ# CANIEL 166734--4 1210521 205 10.60- t i r HAMMONDS* VICTORIA 181224-7 1217192 Z05 2.91- -C.URTIS026965--4_ .1.1-952.90-11111.2-0-5- 1 _.68_" _._ ._._.. .__.___ HORNSBY# HILTON TH 117702--1 1298625 Z05 7.52- is HORNSBY# HILTON TH 117702-1 1298626 Z05 35.11- ... +r { ! „JAMES 1-ERE 2430Q1-7 1362175 _ _ _.._._7,.52=..- JOSEt HENRY IRVING 164239-6 1299575 22.btS- KANE* ANNIE NMN 266030-6 1239253 _._.-_.Z05.___, _ 5+64-. LAKE# RAYMOND DALE 197071-4 1166395 105 9 30 { LAKEt RAYMOND DALE 197071-4 1198159 205 9030- _ tEE, hEN12Y .0 - 238.358-6 12385111 205 15.54- LEEt HENRY C 238358-6 1245571 205 32.96- �7 LOVEt ARTHUR LEE 281708w-8 1246720 Z05 132.88-- LUS IS, KATHERINE E 120466-8 1216060 205 68.16 ._ MAGEEt CURTIS NMN 179447,-8 1237283 Z05 5,64- j HAGEE9 CURTIS NMN 179447-8 1259859 Z05 5.64- � S AJQRt NARY Ei.LA 'd-i143"" 1-8 1227535- 105 204.26- MAKINANCt PAS70R C72682-8 0301163 205 6.64 MARTINE1t RAYMOND 268531-1 0710370 Z05 2.00- �► MASALTAt PETER PED 251590-6 0838416 7.52— M AT H.E.w S _MARV .52,—MATH.EwSt _MARV G 1SO471-3 1217:344 105 13.92- MAULOINt LINDA GOR 218843-1 1017498 72.40— '- MCCONALQ, MYRLE GL 276713—: 1315858_ 34.20— . +� MCINNISf GENEVA NM 246621-3 1161269 _ __.37.60 j�,� 4 ILES# SAM WESLEY 166038-8 1216974 Z05 34o96- l , f + CONTRA COS`f A COUNTY 'MEO ICAL SERVICE5 REPORT TO 2910--7 PAGE 4 s � ACCOUNTS RECEIVABLE WRITE=OFFS PROCESS DATE 08/13/77 AS OF 08/11/77 OTHER PRIVATE PRIVATE MI55YNG DISALLOW MEOI--CAL 5H-DOYLE A GUARANTOR F U N INVOICE S/PAMOUNT PAY' MEDICARE MEDI-CAL INSURANCE LABELS PROCEDURE LIABILITY LId81i.ITY .+ MILLERS JANET 1144982 58.52- , MILLS CALDON -_- _. ._- -__._-- E_ _-.___.__-____ -..---* IA HE G08722-1 1,175540 • Oil MITCHELLP GREEN NM 115415-2 1196674 Z05 12.80 o _.__ -----MITCHELL, LARRY CL 273343-4- --0891091 34.24- i !.�-_._-_ . -MEREN09 ISAB-ELLE 121627-4 1236080_.. _._Z05 .. _24.04.__ MGULTON9 MARTItA PA 099702-3 1235670 Z05 31.99- MCULTON9 MARTHA PA C99702-3 1352711 7.52- ..... •� � MYLESt CHARLEY L „ 114515-_7 _1299765_.. 205_ 7._52.- �! NAPOLITAN09 FRANK 724030-7 1245285 105 11.23- NELSONl MICHAEL AL 248083-8 1301357 205 7.52- _ _w--- UGEN I NAMON N GWEN, HARRY LEONAR 072659-6 0879269 Z05 11343.71- , PACHEC09 ALICE 255431-6 C903294 32.04- �. PANASCO, FRANK GON 239922-8 1198949 Z05 93.00 PARKERI DAVID M 186003-0 1244528 Z05 7.52- I �, PERKtNSq LUELLA M 10G0E2-9 1242943 Z05 27.65- PIERCE, KELVIN WIN 160760-5 1299499 405 16.36- .. PULLEN# RENA E 146S56-6 1203606 205 7.52- R A M S E .52-RAMSENMN 082732-9 1176851 _ _ .. - .. . ... __ 49.96 RAMSEY, CETTY NMN 082732-9 1176852 33.32 REECE9 PANSY MILOR 289330-3 1162644 E 47.00- �' RENTUMA, INOCENTES 034918-3 1033279 Z05 170.14 RICE, NANCY 8 178488-3 1217143 405 17. 13- .. _ . _ _ ._ _ �► ROSSINLY CONAL0 A 237648-1 1211794 59.04 I 9 ROWEs NANCY 159688-1 1197509 37.60 ROWLANGI UEATRICE 296050-8 1240824 105 14.1.5- _ • RUSHo BILLY JOE 299316-0 1275734 105 26.00 V. fa4rr. A�OTM�, P, V CONTRV COSTA COUNTY MEDICAL SERVICES .'REPORT�tTO 2910-1 PAGE ACCOUN S, RLE, El ABLE WRITE OFFS PROCESS DATE 08/13t77 As OF 0 8/11M 'PRIVATE MISSING DISALLOW NEDI-CAL SH-DOYLE OTHER PRIVATE -GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEOI-CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY ---------- 46*20 RUVALCASAt RAUL GU 283864-7 L019348 S ET 2 ER NMN 300482-7 1303814 205 47,.00- lei SHAW9 CLYDE ALDEN 255237-0 1259999 Z05 135oa4- ShORES9 MARJORIE 286191-2 1099433 205 2#400*88- ------------- ............. STGEORGEt THOMAS W 244731-6 1252SLO Z05 76*20- ------ CM265' E_ 8"6"'.* 9'Z- St SUMMERS9 HOLLY ANN 108465-6 0351658 -E 346*62- SUMMERS* HOLLY ANN 106465-6 C401633 E 29.99- ----------- ---------- SUMMERS9 HOLLY ANN 106465-6 C424651 E 29.99- SUMMERS ANN 106445-6 C442102 E 29o99- ------------ SUPMERS9 HOLLY ANN 108465-6 0517793 E 29.99- SUMMERS# HOLLY ANN 106465-6 C557035 E 30.00- SUMMERS9 HOLLY ANN ICE445-6 (579020 E 30.00- SUMMERSt HOLLY ANN 108465-6 C619173 E 30*00- SUMMERS* POLLY ANN 108465-6 C661246 E 4*99- §p_MMlE.R.S.,9.HOLL.Y_ 'ANN 108465-6 0718984 E SUMMERS, HOLLY ANN IC6465-6 C828599 E 30oOO- SUMPTER* 8ESSIE HE 127431-5 1243427 LOS 60*16- THOMPSON, EZZEL NM 014167-1 119511.4 Z05 13068- THOMPSONy JOE D 09556C-9 CS86676 28020 tARAE4 'I lb57 d-' -6 iU1619 16 i7Ai_ 0 TOLENTINCt CARMEN 170570-6 1204127 Z05 TRUNNELLv LOLA M 066C78-7 1176531 52.52- TUCKERv LINDA CARO iSlIS6-0 0425748 353.28- TUCKER* LINDA CARO 1501IS6-0 0477455 384*35- TULLIS# LINDA L 159736-8 OS69249 2*56- 01,440 n' -7, r 6NTRA COSTA, COUNTY, MEOICAL ;SERV CES REPORT TO 2910-7 PAGE 6 S AGCbbNTS RECEIVABLE WRITE-OFFS' PROCESS DATE 08/13/77OF 06/11/77 OTHER PRIVATE PRIVATE MISSING DISALLOW MEDT- CAL SH-DGYLE GUARANTOR F U N INVOICE SiP AMOUNT PAY MEDICARE MEDI-CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY TURNER, CLIFFORD N 215506-4 1005931 98. 12- I I283731-8 1 'IUcNERzDtINAtA._.YYON 28731 $ 098b7I6 _. .._.__,__ .__._VANCE# JOHN WILLIA 262955--8 C644327 Z05 690.130- ------------- YAS(JUEl, EDWARD 205483-1 1244932 Z05 19.11- VEGAy RCMONA NMN 297831-0 1247958 Z05 7.56- R VEGA, ROMONA NMN 257831-0 1247959 7-05 16.05- VEGA, ROMONA NMN 297831-0 1254581 Z05 135.72.- . � JJ t, VIGIL, ISABEL 11OC96-5 13529,23 WALLER# RAYMOhO 256699-Q 1301596 205 5.64- WH IT0.T INGHAM, EEORG ~049360..--1 r 1297458 25.12- ' � WILL IAMS, ANNIE 1420,33-0 1236521_ 205 *02— W ILLIAMS9 02WILLIAMS, ANNIE 142033-0 1243700 Z05 .02- j W ILL IAHS, ANNIE 142033-0 1299117 Z05 28.55- ,. MILL IAMS+ ROBERT_.__--14977.6--7 1299320 Z05 1.88" WILSON, .LAMES OEAV 161430-4 1250913 Z05 61.37- WUHLEY, TqM 068439-7 1235016 zb5 11.04- ....... ,. •� _ t Y { ....._..TOTALS._ .,, _. _._..._ ,. _ _85Z.45,- Z05 6,222.43— _.... ASSIGNED PVT PAY 8,184.99- - _. ...., . . X14 ASSIGNED — Al ASSICNED -- A2 _ ASSIGNED -- A3 ASSIGNED - A4 ASSIGNED - A5 ASSIGNED - A6 ! 5; ASSIG14ED - A7 ---. ASSIGNED - Ab.. ASSIGNED - A9IA �+ ASSIGNED - AO 47.00- { 0144 . T .f 4.M i I 4 _ 10'.2916-7 ... .' P CLINTRA. COS.TA COUNTY MEDICAL SERVICES REPORT , . ACE 1 � � tis ACCOUNTS RECEIVABLE WRITE•-OFFS PROCESS DATE 08/06/77 l � • OTHER PRIVATE PRIVATE HISSING DISALLOW MEDY'-C A! SH-00YLE GUARANTOR' F U N INVOICE SIP AMOUNT PAY MEDICARE ME61--CAI. INSURANCE LABELS PROCEDURE LIABILITY LIABILITY ALVAREZ, JOSE NMN 167717-8 1.178602 76.20- .. ......... --------- s. �) 8AYLESS9 PAUL 031259-5 1118834 39.08 •` BENNETTv CAVID M 181586-9 1153580 86.00 I . GERENDSENs VERNA A 063565-6 0164583 E 96.00-- ' BERENDSEN9 VERNA A 063565-6 0165782 E 24.00— • I �..__-.___BEEiEN.DS.EN,_._V.ERNA_..A01.6.3565--6.__016667.9_._6__ -------- ....... SERENDSENt VERNA A 063565-R6 0167941 E 40.00- (. � z; • BERENOSEN, VERNA A 063565-6 0168212 E 108.00- ( • Ii ERENCiS.EN,_ _V.ERNA_-_A__06356,5-.6 _.0168890 E Ii 6ERENDSENt VERNA A 063565-6 C112946 E 27.00- ( � __...__.._.- BERENOSENt VERNA A 063565-6 0173335 E 81.00- x . 6EkENDS.EN, VERNA _A._96354.5-4 0176290 k 3 SERENDSEN9 VERNA A 063565-6 0176426 E 54.00- bEkENOSENt VERNA A 063565-6 C177770 E 27.00-- _� _ DEKENUSEN-v VERNA_ A 063565-6 0182509E �) BERENOSEN, VERNA A 063565-6 0456562 E 16.80- I -,LL ______ ............_... .. ... BERENUSENI VERNA A 063565-6 0456563 E 14.09- � URtN_D.S.ENs . .VEftNA. A 0635.45-6 4456564 E _ _ 14.80- _ _ _ . �j BERENDSEN, VERNA A 063565-6 C456565 E 20.00- I BERENOSEN, VERNA A 06.3565-6 0456566 E 9.99- _...._._b_EL_ENlQSEN9._.VEkNA A C63565-6 0456567 E 2O.G-0 I t `i BERENOSENi VERNA A C63565-6 C456548 E 19.73- bERENDSEN# VERNA A 063565-6 0463909 E 35. 11- " V.EBNA._A..-063565-6.._05562.11_ E. •' BERENDSENt VERNA A 063565-6 C556212 E _ .16.80- Microfilmed with board ordef r� A.I. _ CONTRA COSTA COUNTY MEDICAL SERVICES _ REPORT TO 2910-7 PAGE 2 s • ACCOUNTS RECEIVABLE WRITE-OFFS PROCESS DATE 08/06/77 � r- OTHERPRIVATE PRIVATE MISSING DISALLOW MEDI--CAL SH—DOYLE - t GUARANTOR F U N INVOICE S/P. AMOUNT PAY MEDICARE MEOI—CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY • fih= BERE:NOSEN, VERNA A 063565-6 0563208 E 30.85— _• _,BERENUS,ENI__V_ERNA-A._.0.6.3563-6_.05..71.154._ E__. .__.___._._.. .. _._._.__ ____._.16.80---------_- ..- ----------_.___... ..-__-______. _----------_---•--____ _ __._ --- _-_---- ��' BERENDSEN. VERNA A 063565-6 0578166E 16.80 { BERENDSEN, VERNA A 063565-6 0578167 E 16.80— -.65.9.1601 _E: .__._ _______. --- _ . - _ _ .____._ _ _.. _ __.__.,____._..• _____._. .__----._._.____._____.._._.____.._.___1b.6Q-__.__.._____..----. . -_.___._. • BERENDSEN, VERNA A 063565-6 0604486 E 16.80-- ': • BERENDSEN, VERNA A 063565--6 C610334 E 19.54— . c BERENDSEN, VERNA A 063565-6 0616073 E 16.40— • F t ®i BERENDSEN, VERNA A 063565-6 0626533 E 16.80— • - E3EItENE?S-EN,_ _VE.RtVA_A._-063565-60676260_-E_.- BERENDSEN, VERNA A 063565-6 0701867 E 6.30— EIEF.E?NOSEN: VERNA A Ob35GS-6 0718281 E 24.40— E. 2.3.50- - • BERENDSENr VERNA A 063565-6 0755697 E $2.30— �� } _..... BERENDSEN, VERNA A 063565-6 C767405 E: 4.27- 42 r BE;F3_ENQSENr_.YEE3NA A 063565-6_ .0774414 Er_ • . BERENDSEN, VERNA A 063565-6 077+4415 E 2.98— I •y BERENDSEN, VERNA A 063565-6 0774416 E 34.3¢— ` .._@ERENDSE.N,__VERNA .A 06.35.65--.6. _684.85.53 E I ` BERENDSEN, VERNA A 063565-6 1101139 E 6.11— I •� BIESER, ALBERT hE-R 29ti152-4 1240603 Z05 29.,-64- MARIAN _LYL 9.64MARIAN _LYL 239362-7- 1362057 _ _ _ _ _ _.____9.8.6--_ a l ® r BIRCH, CLARENCE BE 295769-4 1207661 Z05 42.81 { BCRBA, CLIFFORD ESE 159726-9 1210391 E 55.00— r. bi0RbA,-___CL.IFF0RD. hE___159-726..-9 1264846E •i 4;;: BOSTICK* DENISE NM 045218-5 116.3970 42. 72 ' • 4 w 5H CONTRA COSTA COUNTY MEDICAL 'SERVICES - REPORTrtt .2910-7 PafiE 3 ACCOUNTS RECEIVABLE WRITE-OFFS PROCESS DATE 08l0617.7 � e i OTHER PRIVATE PRIVATEMISSING DISALLOW MEDI=-CAL SH_0OYLE of GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEDI-CAL INSURANCE LABELS PROCEDURE ,INABILITY LIABILITY � t ! .__.. BROWN, ANTOINETTE 088524-4 1132482 E 25.15- e BROWN, GEORGE EDNA 187194-6 1197962 , 33.32 e 811CWN, GEORGE EDWA 187194-6 1197963 _-- 70.50 .._.-.0.2335-7. 7_. 12760.79_ 6UCHANAN, LUELLA K 177511-3 1134100 47.00- e BUCKINGHAM, GRACE 063666-8 1291132 Z05 7.52- � { e e; __.6U.ROU-GH:_._LU.Ci_ENNE_.__286326-0__1206752_ ei CABRERA, MARIANO C 137730-6 1292080 28,20-- 11 e CABRERA, MAR IANO C 137730-8 1299044 28.20- Z05- - 8.20- Z05 _. _5..64-_ ei cHainet, ELAINE 291296-2 1207030 28.20 e s CHAIOEZ, ELAINE 291296-2 1207031 57.64 e= e G 1ARAM INTARG9 _ EL IZ 209.5.55-4 1286599 Z05 8.52 01 COLE, DONOVAN 132088-6 1271003 E 17.15-- e. COLE# DONOVAN 132088-6 1278022 E 22.00- k e � ; ey ". CUff._DONOVAN. . . . 132088-6 12760,43 E__ 20.00- e COLLINS# FRED 049203-3 1.183393 37.60 � e W ~~ ._-CGLL tNS, LURA MAE 154687-8 1069271 E ...L_U.RA....._MAE_. _...15-448.718..7 a6�i1272. E_. - _ .. _..___. _ 1(10.00.- _ 1 0; DANIELS, STEVEN JO 271097-8 1155574 28.24 t e 5. t I)AV ISDN, HORT ON 268574-1 1212515 13.04 e e! ___CL;GLITTLE, JEAN 15.7243-5 1250831 205 37.60 ® CUNN, GWENDOLYN AN 219235-9 1140659 33.32 � ,:e OYER, HERBERT 2921OU-5 1143230 Us 299.40 4 e I E-AOE:._..LORNA__E__ _ .- _ 175245-0 1292756 105 19020- , e EARL, MARY WINNONA 292168-2. 1213501 10.86 01444 e -'- C€3NT.Rk':C05TA COUNT MEDICAL SERVICES REPORT TO 2910.7 PAGE 4 t s ACCDUN75 RECEI,VAbtE WRITE-OFFS PROCESS DATE OS/06l77 OTHER PRIVATE PRIVATE MISSING DISALLOW MEDT--CAL SH-DOYLE � • GUARANTOR -FU N iNVCiICE SIP AMC7UNT PAY MECfiCARE 1EAI-CAL iN5URANCE LABELS PROCEDURE LIABILITY LIABILITY � �• EMERSON* MARY W 226655--5 1147721 42.92 • FERTADOs 8ARGARA .A 257628-8 114,9425 E 9.60- ! • PERTA009 BARBARA A 257628-8 1239059 E 4.68- i i _D-._--E_E.RSADC.t___8_AR8ARA-A__.25162.8--.8_..1322902, E . _ _.._4.77.- • FLEMING, GOERGE 101566--6 1291436 205 7.52- FRYER, REGULUS C1-A 280657-4 1295161 205 6.76- : •' � � • =t GOS.Ss- -W.1 6ERT__ .. . _...__-16.6833-4 1292621 _ _ 105 _. 5.64- •C GREEN* ZEPHRINE N 028811-8 1137871 7.88 i • GREEN, IEPHRINE N 028811-8 1157336 19.84 G R E ENs_._.Z.EP HR 1 NE N -.028811-8., 1163738 _ __ . - 28.2Q. • GRIBBLE, BERTHA M 288880-8 1226450 Z05 3.20 � GRISEY, EDDIE NMN 097364-2 C879691 7.52 HALLS- PAMELA CELOR 26945.3--7 1161823 .. _ . _. _ . ..6.7_.4.8.... ...... . .. __.^ ...._.__...._._ ._..__...,. . . ._,.. • HARRIS• V INN I E EDI 119954--6 1291744 5,64„- � HARRY, CAVID 129410-7 1076624 2090 .HEDR1CK,. DOROTHY H 164506--8 0450196 E 7.44- • HEDRICK, DOROTHY H 164506-8 0450197 E 1.44- n HEDRICK* DOROTHY H 164506--8 0450198 E 7.44- _ 164994--.8 Oh5Q2GG k. 7.44_ • ' HEDRICK# COR07HY H 164506-6 0482995 k 38.60- •- fiQRNS8Y, HILTGN TH 117702-1 1291709 205 7.52- �= • _.,__FiUGHES,__h011�A.R.G_.LEE .155.346--8 OS62526 E 43.34- _ _ __. _ __ __.._- _.____... _.___ .-__._____.._.... . ._-_..__- b • ` HUGHES• HOWARC LEE 145346-8 0976275 E 55,60- "O hUGHE,S, t.OWARC LEGE 165346-8 0990028E 35.86- � I �3 • .1QHNGlS:----.O-ERTRAM WO_2290.41-8_. 1239736 Z05 47.99- _ __.____. _._.__.. __...____ ------- . • LARSEN, GAIL DATA I 153604.4 0913669 E 38.10- � }„' • .� ,.ry M CC)ktRkl�'XOSTA`�COUKTV :441EO' ICAW� SERVICES REPORT TO 2910-7 PAGE AtCO PROCESS DATE- 08/06/77 6NTS RECEIVABLE WRITE—OFr-s .ASLQF - MISSING —CAL SH-0OYLE OTHER PRIVATE PRIVATE MEDI 0 �GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE M01—CAL INSURANCE LABELS PROCEDURE LIA81 Lt TY,,,,.��l ASILI TY LARSEN* GAIL PATRI 153604-4 0913670 E 45.44— LARS.Etit.-.-GA-IL,.-PATP..I,-1,53,60-4n4.- 0920328, LAIZARINIs MACALEN 2elt62-3 129517V Z05 9.40— LEWIS* GERALD TREN 295415-8 1200983 Z05 3.43 LEWIS9 SIMEON 149e32-8 1146161 205 3,76— LEWIS, SIMEON 149832-8 1197347 Z05 5.64— I S �&INEON_ 13604,79 ------ LIBERT0* RICHARD P 294491-6 1343569 63o9?— LCUOERMILK* BAR6AR 194892-6 047664 E 37*60— ......... 64.00— LOWERYs DOROTHY 233981-0 1341774 E 158008— LYNNt HARVEY 164019-2 107595 L05 14.12- -2 1203986 Z05 5.64— hARVEY_ 164019 LYNN, HARVEY 164019-2 1230186 Z05 281,20— MAGEE* CURTIS NMN 179447-8 0621211 E 74*30— _MAGEE, CUKTIS NMN 1794,47-8 C685821 E 112*00— MAGEE# CURTIS NMN 179447-8 C697584 E 28000- 4A ------- MAGEEv CURTIS NMN 179447-8 0705219 E 3*0.3— 07 MAGEEs CLRTIS NMN 179447-8 C776645 E 23.50— MAGEEv CURTIS NMN 179447-8 0790944 E 3.11— ,KAG_EEs-- CLRTlS NMN_ 17-9-447-8 -C797536 E . 64o54— AGEEv CURTIS NMN 179447-8 0636799 E 3.48— AW E E t CURTIS NMN 179447-6 C836800 E 3*36— _r\Ls CURTIS NMN -1794.4-1-8 C648661 E L1.35- 01,44b MA CLRTIS NMN 179447-8 C874519 E 16.42— vv ! CONTRA CRISTA COUNTY MEDICAL SERVICES REPORT to 2910-7 44GE- 6 PROCESS DATE 08/06/77 _ ACCOUNTS RECEIVABLE WRITE-OFFS 'A OTHER PRIVATE PRIVATE MISSING DISALLOW MEDI-CAL SH-OOYLE t GUARANTOR F U N INVOICE SIP AMOUNT PAY MEDICARE MEDI--CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY 1 �10 MAGEEt CURTIS NMN 179447-8 0681428 E 3.37- �'. MAG_EE.t__.GURTIS--NMN__17.904-47-8__...G.88142.9_.E MAGEE, CURTIS NMN 179447-6 0895073 E 3.20— MAGEE: CURTIS NMN 179447-8 0895075 E 2.57— MA 6 EE .57 — MAGEE#_._CLR?.I-S__NE{N___- 129442-8_,,0S28222..-E_. _____.___..._._._ __..._14..23—__-------._____.__ ,.---------__..__-_--_ i�. MAGEE, CURTIS NMN 179447-8 0941721 E 2.81- MA GEE .81MAGEE: CURT IS NMN 179447-8 0541722 E 3.62' S_,_NMN.___-17.9.4.47-8__ 0955902_,E_._ .._...-.,_._-__-.__,_... MAGEE: CURTIS NMN 179447-8 1056219 E 5.92.- MAGEE# CURTIS NMN 179447-8 1062643 E 3.82" MAGEEs_.SURTIS_NMN_-__179.447-8 1114959_ E__ __ __ . _ 47..00-_ _ --. !!N 1 MAGEE# CURTIS NMN 179447--8 1127778 E 10.10- MAGEE# CURTIS NMN 119447-8 1153533 E 17.22- _.._MAGiEv__G_URILS.. NMN 179.447-8, 1172246 E. MAGEE• CURTIS NMN 179447-8 1172247E 4.33- 1 MAGEE# CURTIS NMN 179447-8 1185401 E 9.25- ' 0; q, 4AGEE.9_GU-93.I5_ NMN_ _ 179447-8 1251222E 4.33.- ��. MAGEE: CURTIS NMN 179447-8 12928.35 Z05 5.64- ._,__.____-MAJOR# MARY ELLA 012631-$ 1289930 x05 7.52- MALI_LN:__JOHN_MILTO._ 19.48.12-4 ._1293121 ___Z0.5- .. _ _6,.88 _-_- MARTINEZ# CARLOS A 184462-0 1279007E 17.15- ,; MASALTAt PETER PED 251590-6 0638416 7.52 � +� .° moi. ---.MAULUiNl1NQA_GQR _213843-1 1017496 _ 72.40 MCDONAL09 MYRLE CL 276713-5 1315898 34.20 MCINNISt GENEVA NM 246821-3 1161269 37.60 MENI?QxA#-_FRANGISCi3. _ 146553-4 1358757 _._ __ __6.25- _ _. ,, C�-4 1 41► MEYER# JUANITA 016206-5 0039666 E 100.50— :. ,... a. �..re ro dm. _ {. ,,: , CONTRA' CESTA 'CG.UNTY MEDICAL SEitV2tES REPORT TO 2910-7 PAGE i 7 ii ACCOUNTS RECEIVABLE WRITE-' OFFS PRpCE55 flATE 018106/77 1 OTHER PRIVATE PRIVATE081 41.7 MISSING DISALLOW MEDI-CAL SH-Dt3YLE GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEOI -GAL INSURANCE LABELS PROCEDURE', LIABI LITY LIABIL'I TY � lie MEYER# JUANITA 016206-5 0043612 E __.:..____-_._,__ _.177.00- * MEYER, JUANITA 016206--5' 0163183E 96.00- I � MEYER# JUANITA 016206-5 0165076 E 192.00- MEYER, JUANITA 016206--5 0242053 E 2.5.83- i � 4 MEYER, JUANI7A 016206-5 0242055E 28.36-- ._«._._____t4EY_E_R#___J.UfiNISA__ _.-._. ,016206-5 ..0247945. E_. . �i MEYER, JUANITA 016206-5 0270632 E 5.10- MEYER, JUANITA 016206-5 0329180 E 2.72- 0329181 . E 22.515--. MEYER, JUANITA 016206-5 0364207 E 1#272.42-- �z MEYER, JUANITA 016206-5 0369793 E 32.36- 's MEYER# JUANITA. 016206-5 03.765,11 E 32.11- .. MEYER, JUANITA 016206-5i 0376512 E 23.92- .» fi MEYER, JUANITA 016206-5 0376513 E 19.68- .. MEYER# JUANITA 016206-5 037014 E 26.28- MEYER# JUANITA 016x06-5 0376515 E 16.96- J U-AN"I T,A 6.96-JUANITA 016206-5 0376316 E 21.20- MEYER v-.JUANITA 1.20-MEYER,._-JUANITA , _016206-5 0376517 E 31.16- �y MEYER, JUANITA 016206-5 0376518 E 12.72- �Y MEYER, JUANITA 016206-5 0376519 E 53.42-- ' MEYER# - , JUANITA _016206-5 _0.376520 E 23.49- MEYER# JUANITA 016206-5 0376521 E 22.35- MEYER, JUANITA 016206-5 0376523 E 30.7'4- 1 '�a xEYER# .JUANITA __ 016206-5 0399346 E 4.00- 0 MEYER, JUANITA 016206-5 0399350 E 12.72- - fF CbNTRA COSTA COUNTY 'MEDICAL SERVICES REPORT TO 2910-1 PAGE a , _x ACCOUNTS RECEIVABLE WRITE-OFFS PROCESS DATE 08/06/77 tIOYLE SN OTHER PRIVATE PRIVATE MISSING DISALLOW 14EDI--CAL -- )) + GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEDt_CAL INSURANCE i.QBEk.5 PROCEDURE LIABILITY LIABILITY 1 t� iiMEYER* JUANITA 016206-5 0399351 E 16.80- t ? i...._.__. MEYER:_-_JUANIT_A__-_....__016206--.5._0455,6-07---E-.... �3 MEYER„ JUANITA 016206-5 0455608 E 20.60-- „_ MEYERv JUANITA 016206--5 0468577 E 42.73- �i _"_"22._40.- r MEYER* JUANITA 01620+6-5 0475432 E 8.00-- E i MEYER* JUANITA 016206--5 0415433 E 103.63- �1 - ___. ._ MEYEfts.__JUAN .i.A_-. _..__.__.O1f�20.6•-5_ _G4.8f1_k78_..E__._____._ ._ ._.._.. _._._.. .-.--.._ ......_..12.11.-_ .... - .._.__ ... ____...__..--._.____.- ---.__..,_.__ MhYER: JUANITA 016206-5 0480479 E 38.66- � MEYER* JUANITA 01620+ -5 0466258 E 5.40— . #r � f 22.90... �f MEYER, JUANITA 016206-5 0492715 E 11.86- � MEYERt JUANITA 0162C6-5 0492716 E 20.00- 10.37-. �- �I - MEYERw JUANITA 016206-5 0500163 E 38.15- * � _. MEYER: JUANITA 016206-5 0505441 E 26.98— .. �, � '�►' _._...._M_E,Y"ERs_.J-UAN11A 0142.0.6-5_.050544.2 k_. ._ MEYER• JUANITA 016206-5 0505443 E 28.80 '. MEYENs JUANITA 016206-5 0510243 E 16.80- 4 6.80- � M1wY.ER: .JUAN.iT-A. ____ 01f2ilEa-a_Q516U$3 .E_ _. 20.01-- MEYER* JUANITA 016206--5 0522868 E 109.97- i j MEYER, JUANITA 016206-5 0531203 E 64.99- �= �1 �/C s { i 20675 /� L L q 1. mlif..4 ft.!__SLU ..t. A.,_. ....... t_i . ..0 37313 5._ _. . _. _ .. . 6026 ____..... _. _. .... ._. ._ _.. _ _ ._..._-...._. .. ._.._.,.. ..-__..... _....-_......_.. _.. -_._._. ., __ _ MEYER* JUANITA 016206-5 0555335 E 27.62- MEYERs JUANITA 016206-5 0555336 E 30.00- `Y{� MEY.ER#- JUANITA _ _ 016206-5, 056217L E _ _ _ 20.01- 28.20- MEYER, JUANITA 016206-5 0154880 E _-------_.______.__ � . r, is CCINTRA CO'STA.COUNTY MEDICAL . SERVICES itEPOkT T( '2910-r7 PAGE Y 9 -' ACCOUNTS RECEIVABLE WRITE--OFFS PROCESS DATE 08/06177 OTHER PRIVATE PRIVATE MISSING DISALLOW MEDT-CAL SH-DOYLE GUARANTOR P U N INVOICE SYP AMOUNT PAY MEDICARE MEDT-•CAL, INSURANCE LA6ELS PROCEDURE LIAR LI TY 4IABi LI,TY i MEYER, JUANITA 016206-5 1310932 E 10.00- M EYtR v_J U Aft I_T_A_.____01 6.206--5_1311 69A _E--- .0.00-ME.YtR:-.--JUAMITA_.___._016.206-5.__-.131369.8_.._E-_. _.,___..._-----. ___..._._.._ _.__-------_.__44 20—__________-_... ._._..__..__.,_..___..____.._____.__.__-_______._.__� �i MEYER, JUANITAi 416206-5 1317b99 E 50.+00- MEYER, JUANITA 016206-5 1325528E MILLS. CALCONIA HE OC8722-1 1175540 90.76 MINTON, PAUL.._..:_. -. - 071724-8 1249277 E 17.15- ,_P__AUL } MINION, PAUL 071729-8 1290915 E 12.00 „ _-.. MINTgN, PAUL 07i72S-8 1290916E 12.00— t MORRIS, VIRGIL 0 1780+42-•8 1230440 205 7.94— *}' MULLEN* CANIEL L 199638-8 1251583 E 17.15- 1.5' 631-,8__12655.63_ E_ 30.00- .__ _ _ _ _ _. __._.______._ '- t MURRAY, BUDELL N 230680-1 0099722 E 54.00- MURRAY# BUCELL N 230680-1 0102453 E 27.00- 41 t t4URRAY,. - BUDf�LL_N _ 23068Q--1 0105091_ E MURRAY, BUDELL N 230680.1 0107722 E 27.00— ..__.__- -__-___.__. ._tt_ ( MURRAY9 EUDELL N 230680-1 0246483 E 26.50- 46 _..._ MURRAYs_...BU.0ELL.-N.__ ._23.06.80-_1. Q2.852;35 E.._.___.___ . _- _ _ ._ _ ._ 23.32 MURRAY, DELL N 230680-1 0305466 E 3.11-- � E311 - �._ MURRAYs BUDELL N 230680-1 0305467 E 6.3b- �i E_._ _ __._. _ _ _ _. _ __ _ ._ 27.56..-_ �= MURRAY: BUDELL N 230680-1 0.305469 E 31.80-- " MURRAY: BUDELL ..td. _._. 230680-i 0314069_. 32.86- t +g _2306,60-1_.0314Q_ZO_ E _ .14.99-_ -- x � MURRAY* BUOELL N 230680-1 0314471 E 11.66- .., .. .. '. .., . .. .. ,: ".. •. '. ......: .,.::.- . "v: , ': .i t i r „Yrs. jy 'Y CONTRACotiA 00" N'TV MEDICAL sekvlCES� REPORT TO_2910✓-7 PAGE 10 s ACCOUNTS RECEIVABLE WRITE-OFFS PROCESS DATE` 08106177 MSSNG DISALLOW it PRIVATE PRIVATE ICYLE GUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEDT--CAL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY *{ ~`+ fi1UFiRAY: BUDELL N 230680-1 0314072 E 11.50- , -MURRAY-s._-BU.DELL_.N.__.__._23.0.6.80--1..-_Q314.073..-E._.._. .._ MURRAY, BUDELL N 230680-1 0314074 E 13.97- MURRAY, BUDELL N 230680-1 0314075 E 7.09- _ .-_ MURRAY.:.---BU.DELL__N__..__.23.G_6.8.G-1__.03140-ZE►__E._.._ _ _ _._-_ ___ __.._._ _. _.__20.72-- _._____. . MURRAY* BUDELL N 230660-1 0314077 E 29.99- MURRAY, BUDELL N 230680-1 0314078 E 34.98- MURRAY t--,-.BUOELL-,.N 4.98- MUR.RAY_:--.-.BUOELL_,.N__--__230680-1 -0346102-E-.- 15.83- _ _ _ _ _._. _._ _.._ ___.-..__-_._ MURRAY, BUDELL N 230680--1 0420976 E 3.98- !! ' ;r I t MURRAY, BUDELL N 230680-1 0514260 E 26.58- MURRAY t.,--8U.0ELL- 6.58- MURRAY:..-_8U.0ELl._ N-_._.__.23.06.8.0-1 .0535464__E._.. . _ ____ 13.44- �i MURRAY, BUDELL N 230680-1 0664118 E 16.80- ..,: MURRAY, BUDELL N 230680-1 0707108 E 28.61- +: PtURRAY,._.1U4ELL-N_ . 23Q680-1 0721,422 E 31.06- i fiit MURRAY1 BUDELL N 230680-1 0734405 E 3.92- # , MURRAY, BUDELL N 230680-1 0770904 E 3.92- <' MURRAYt . 6UOELL ,N 230480-1 0792025 E 16.50- �! MURRAYI BUDELL N 230680-1 0837834 E 3.92- " #, MURRAYv BUDELL N 230680-1 0856574 E 2.88- �~ MUitBAYi.__bUCELL N . 230,660-1..087558.3 E_ 129.66- *` JMURRAY, BUDELL N 230680-1 0875564 E 59.16- MURRAY* BUDELL N 230680-1 0936143 E 63.38- 1 • '} MURRA.Y.,__BUDELL_-N __230.480--1 0934144 ,E MURRAVt BUDELL N ` 230680-1 0942690 E 6.78- f ,ice MURRAY: BUDELL N 230680-1 0984474 E 3.92- 3 NAPOL_1LAN.Gr-_.FRANK ._ 22.4030-7. 1238198 Z05 14*68- _. __ _ __ __.__-- __.-___ NEv iLLE, LAWRENCE 296636-8 1220542 z05 149.30- .01451 � • .- .. a.. ....t�s�,•.✓ '�,.... 1,. �... -f 4 ....f_E , ..- ..� .. CONTRA COSTA COUNTY 14EDICAL SERVICES REP'OR'T TO 2910-7 MAGE 11 s—r �ACCOUNTS RECEIVABLE WRITE—OFFS PROCESS DATE 08/06/77 j___ .._.._.._. OTHER PRIVATE PRIVATE MISSING DISALLOW WED!-CAL SH—D&it ! GUARANTOR , F U N INVOICE 5/P AMOUNT PAY MEDICARE MEDI=CAL INSURANCE LABELS PROCEDURE .LIAHILITY. LIABILITY NisMANs CHARLES ME 240122--2 1293999 Z05 2$.20-- t 1? NGU-Y E1tls_.-_flHI _7_liL_-_-_2-7193.t?-Q.._0883,94.7._E_.._.____.__.__ ._._._.. i NGUYEN* NHt THI 27L530-0 0551067 E 25.00— . NGUYEN, 'NHI THI `___.__. 271930-0 OS58277 E 20.00— i _. .__._.....___.____ �i NGUYEN* NHI THI 271930-0 0964979 E 20.00- NGUYENs NHI THI 271930-0 0964980 E 10.00- 24 nur_ .__ �t__�r ._._,__. ._Z.xi3t�--�__ 7z�ca_..E_»._ i NGUYEN* - NHI THI 271930-0 0972009 E 10.00-- ..." j NGUYEN, NHI THI 271930-0 C976684 E 10.00— ;. __._...__:NGUYENs_-_tNhl,_THI.- ___._2.71530.-.Q__CS78685_.E _ __ 20.00-- �{ NGUYEN* NHI THI 27LS30-0 0978686 E 20.00— NGUYEN* NHI THI 271930-0 C592479 E 40.00— i s3. Qc- N,. _t±AMQtd N 289x.69-x+_..10.70118. E_ ODEN: NAXON N 189269-4 1070119 E 10.00— OCENI NAMON N 189269-4 1090414 c 10.00— _0DENs__AAMON. N ____ -18.9269-4 1153710 E. __ 23.00 COENs NAMON N 189269-4 1166245 E 53.50- *' j � GOEN* NAMON N 189269-4 1196007 E 25.:15— 1 1.6.9.2.6.9.-,y.. 123Ab45 E _ __ _._.. ZG.OG- �t PACHECO, ALICE 25.5437-6 0903294 32.04 , PANASCOs FRANK GON 239922-8 1205348 Z05 32.00— ,A __- PARCHMANs-_.LARRY._.JA__21.0.843-9._1293444 105 5.64- �j PARKERr 1-.ENRY GLEN 261983-1 0682089 205 3.36— t i� .. PARKERs !-EKIRY CLEN 2619583-1 0709349 Z05 5.60— _ PARK:ERs--+ENRY--__GLEN_ 2619-831--l- C7599,87 _ZO5 9.40- PARKER, HENRY GLEN 261383-1 0644437 Z05 9.40— r .. r 1 :.S "- CONTRA COSTA COUNTY MEDICAL SERVICES ( + `-� ACCOUNTS RECEIVABLE WRITE-OFFS REPORT TO 2910=7 PAGE 121 as.._O.F_aet..o4i.7t PROCESS DATE 08/06/77 • -° OTHER PRIVATE PRIVATE MISSING ' DISALLOW MEfiI- CAL SH-QOYLE GUARANTOR FUN INVOICE S/P AMOUNT PAY MLDICARE MEDI, CALL INSURANCE LABELS PROCEDURE LIABILITY LIABILITY ��• PARKERs tiENRY GLEN 261983-1 (1903497 Z05 r� PARKERs h.ENRY GLEN 261563-1 1058065 105 9.40— __ v ---�'� •► PARKER, HENRY GLEN 261983-1 1167636 Z05 1.88— _2619-63-1—1173 .88— ._2619.83_-I__L173 � . PARKER# kENRY GLEN 261583-1 1260167 105 47.00- . PETERSON, LOREN LL 277371-L 1349450 I To- 74 P_RESZL_E[13.._JOHAI_.___-- -.--2_L3.Il.(�5-.6..C7b0-SQb._.___Z05__." � i • PRESZLERt JOHN 273865-6 0786864 Z05 13.60- 21 I + _.. . .-_ .-. _... ......._._._-...___..__.__....__.... _...__._.. ------------_-___.__.... ........._......_._._...._._...._.__.._...._�.-.-._._.__..._.._- PRESZLERs JOHN 273865-6 0903977 105 15.04— •; � PRO BAT.LON.-0EPART ME_.24139.1-2 1259633 _E _ _ 17.15- • • PRUITT* CAL NMN L22508-5 1042512 E 3.14- REDING, CANIEL LEE 255987-0 0566789 E 10.60- _SCALBERGs_ ELS.A MAR. 29326.7--1 . 1213595 E _ _ 105.00- . _ SCHICKf WILLIAM LY 048425-3 1358789 5.64 � a SNUFFLER, PATSY JA C96933-7 0906456 E 32.90- p .__ .SfiUFfLER.s .PATSY- JA 096933-7 0912589 E _ 35. 19- .. •i SHUFFLE-Rs PATSY JA 096933-7 0918964 E 28020- - i SHUFFLERs PATSY JA 0969:33-7 1021485 E 160.00- __.. . . SHUEELfcR:,- PATSY JA 096933-7..1028180E 95.28 SHUFFLERs PATSY JA 096933-7 1049230 E 30.$6- ii I ' SHUFFLEAs PATSY JA 096933-7 1054531 E 40.62— " _ _ _SNUFFLER:__P_Ai_SY__JA CS.b933-7 1461131 k 24,87- • ;`j 5HUFFLERs PATSY JA 096933-7 1067778 E 3.02— SLTELOs FRANK 127544-3 0046078 E 24.00— SCT ELOv.—FRANK _ - 127.56.4-3. 0049223 E 48.00-_ I • t.:,_ SGTELCs FRANK 127564-3 0052630 c 98.00— 01463` " CONTRA COSTA COUNTY MEDICAL SERVICES REPORT TO 2910•-7 PAGE 13 `• ACCOUNTS RECEIVABLE WRITE-OFFS r APROCESS PATE 08!08/77" __.__.._..., AS_.4_E.a_Q.�/_04./77.:., OTHER PRIVATEPRIVATE • MI,SSING DISALLOW MEOI-CAL SH-OOYLE OUARANTOR F U N INVOICE S/P AMOUNT PAY MEDICARE MEDI-CAL INSUA NCE LAHEI.S PRC10Ei?URE LIABILITY LIABILITY � - SGTELO, FRANK 121564-3 0055999 E 72.00- .01 17 .5 5-9343-.SANK_----_- __.I2fi5b_4-30-05.9343__.E.___ _.._._ .. _..__._..__. 72..00-_____.___.- SCTELO# FRANK 127564-3 0062694 E 120.00_ 7 ,s � +� SCTELO, FRANK 127564-3 0065622 E 48.00- SGTELQ:-.__EftANK______---.__1275.6 .-3_._Q0684.62_E...__.__ _ 96.00- •i I SCTELO, FRANK 127564-3 0071047 E Z49 171.00- SCTELO, FRANK 127564-3 0073585 E 159.00- 74j SGT_ELQi___fR.ANK _ _._12756.4-3.-..0076268- E_.._-.._..__.. 7 SCTELQ, FRANK 127564-3 0822662 E 31,34- _ SGTELC, FRANK 127564-3 0822663 E 31.67- _ _.. SGT_EL0, __FRANK_.-........ ► �{ SCTELOs FRANK 127564-3 0894023 E, 15.50- ri a i THGRNTONr JIMMY LE 264324-4 1167710 28.20 � ! •x TO.NNA,.__GHA,RL.ES_..-WAR. -067.901... -1242407 .E 15.50— _ r t TRUNNELL, LOLA M 066078-7 1176531 TUCKER, LINDA CARO 151796•-C 0425748 �+ 353.28 1 J � .._ TU.CKERs._..._LINOA._ CARCI_._1.51716-_0 _047.7455_ _ _ _ _ _ 384.35 TULL IS, LINDA L 159736-8 0969249 r 's —--------- _._.._ _..____----__-__---__. .__—_._.-_-. --- TURNER, CLIFFORD N 215506-4 1005931 98.02 ' NA__..Y_V_GN_283.73.1-8__Q98.b-71.6_._.__ VALENT IN, WILFRECO 293679-0 1274869E S' VALENTIN, WILFRECO 293(79-0 1288816 E 24.00- i f VALENTI.Ns_. WILFRECO 2.5309--0. 1295.66.8 E___ _ _. _ 12000_ .el VALENTIN, WILFRECO 253079-0 1295669 E 50.00— `� VALLEJO# ENRIQUE G 14E576-8 0244427 E 14.76— .„ �{ off• ° _V_ALLEJ.O,__yNRIQU� G.. 14.6.5.78-.8. _0565325 E _ _ _ _ 1.82- KK _ I ° �! VALLEJO* ENRIQUE G 148578-8 0628495 E 9.08- TI ('1�4�J4 � 4 i YA 7 d 9 REPO -1, PAGE cohirRA COSYA COUNTY ME611-CIAL SERVICES T TO, 2 10 A C UN -PROCESS DATE', 08/06/77 C 0 is RECEIVABLE WRITE-OFFS OTHER PRIVATE PRIVATE k I tSIN G DISALLOW MEDI.-CAL $H`�DOLIF AMOUNT, PAY , MEDICARE MeOI_CAL � INSURANCE LABE GUARANTOR F U N INV610E 10 S/P Ls PROCEDURE 'LIA81 LITY: LIABILITY VALLEJO# ENRIQUE G 148578-8 C132692 E 31.52- _V AftlZu-FRA W.-ANTO N-25-.615.8,_7-1 Z9_4 43 0 Z 0 VARIZIP FRANK ANTON 25615,8-7 1294433 Z05 4*22- C 0 213174-4 1204889 Z05 13*84- WASH* SALLIE 144S14-9 0763131 E 3.19- WASH, SALLIE 144914-9 0776106 E 2#66- WILLIAMSt . ANNIE 144033-0 1229778 Z05 .02- WLLLlAt4S9 ANNIE 142033-0 1292160 Z05 13.68- -.,- ..--...Y.UH RE v.-.,J,05 EP.h_.._F_ 1611-491-6..12 92672------- ...... ------- ------------------- ........... 3.0- TOTALS 7013,57- 11752o76 1#619*84- 36 I 1__- -I.-- . . -.1 1., .1- 1�I -.. __I __ -1 1. �1.�Z 05- 324.11-- L49 171000- UNASSIGNED PVT PAY Bt178.93- ASSIGNED Al ASSIGNED - A3 ASSIGNED - A4 ASS-1-6NED-r-A5- ........... ....... ------ ASSIGNED - A6 - A7 ASSIGNED - A9 ASSICNED - AO .......... oil , { In the Board of Supervisors of Contra Costa County, State of California September_20 , 19 Z In the Matter of Increasing Contract Contingency Fund for Oak Road Reconstruction Project (FAU) Project No. 4054-4189-661-74 On the recommendation of the Public Works Director, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to increase the contract contingency fund by an additional $11 ,000 in order to fund the expected contract overrun on the State administered Oak Road Federal Aid Urban project. PASSED by the Board on September 20, 1977. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Originator: Public forks Department Witness my hand and the Seal of the Board of Construction Division Supervisors affixed this 20thday of September 1977 cc: Eugene G. Alves Constr. Co. P.O. Box 950 Pittsburg, CA 94565 J. R. OLSSON, Cleric Public Works Director By Deputy Clerk County Administrator N. Pous Auditor-Controller State of California Department of Transportation Road Design Division 01455 Construction Division H -2.S ;;7G !Sm And the Board adjourns to meet on -27.197-7 at q.*()Q q ./11. , in the Board Chambers, Room 107, County Administration Building, Martinez, California. W. N. Boggess, Chairman ATTEST: J. R. OLSSON, CLERK Deputy 015 3 C"TFA CCS-74 CC CAR.-L)' Approved personnel acZ'_ons for CoLun',!r Clerk, �-e-a1.�-.i Hu,--an ::esour ces r=_enzy, robatiOn, Public Oris, �::di tor-COntr011er, Cir-1 Service, District rit nor^2 , i-_edi Ca? Services, Ori^da Fire rotection DistriCt, a.A T i bar y. Denied clams for damac-es =lied by S. •:ulder, S. ::urdocw, R. Ealone, Pac. Tel. & Tel. Co. , D. 'odrig-ueZ', and Jackson. ' thorized attendance at meetin.-s as follows: A ',yalen-'Ca, �;r. , County Counsel, to arg-ue Case in U.S.: Supreme Court, i — .�.I , Sept. ji - Oct. ;^ =k E. Rie,_r, 'Ieterans Service Office, to �%i insurance Trairino Conference, in St. Paul, i`i'i, Oct. 4-6; rissesS.^.r, to conduct 1New York, oston, :71 and V-C-r-ty, Sept. 25 to R. Enes, Assessor, to conduct audits 3n SL. Louis, i:O; Chicago , :L; Milwaukee, --'T; Sept. 25 - Oct. t. David Gray, Assessor, to Conduct audits in Detroit, i'i1; rt. +B�IT'.e, I-:; !T'_Cia2?aNOIIS, 1.. a"'Ila VIC_ni tj, Levt. Zi - -Oct. l�►' ; J. Sha-ffer, Assessor, tc conduc-. aud'_�S in v i O, =en Sylvania and vicin-iy, Sept. 25 - Oz-- 12; J, reterson, Assessor, to conduct audits in Cleveland, Ori, Oct. 2 - Cct. 22. Recessed into "xecutive .session in Room 1018, County �dmi ?Strati O:? Ru_ld-nz, -o consult w4 th _ts — r se__ta t-+eS in con ect-o^_ with h dis- cussions of salary Natters, at 15 a.m. The ":-;card recontlened i n its C_^.ambers at 10:45 a.m. and Droceeded with its renalar aQerda. Authorized the Direc tar, -u. a-n Resources Age.Cy, or his desig::ee, to conduct contract negotiations with certain service prodiderS. Grasz.e` Super-iisors r. penny and R. I. Sc ~oder permission to leave the State. {excised County l S option to extzend lease or certa'_n DremiseS iri Rich,mor_d for continued use by the r abli c Defender. Proclaimed the third week in October, 1977 as Escrow '-:eek. Yuthorized legal de�ense _`Or the Sheri_: ' s ld'epartmeT:t in Conn echo. wit:l Superior Court =ction. ApUrOved Q8te :;uthOrZZea -reCT,Or, :::ZL^.cn. nesc :rCeS r.`ency, tO execu�.e Jubc:'a.':T. *,greemen-s wi-:-: L7 C-a T_ ..le " T rSr _ . o :ecz Subg ^an,ees. DesiznaTed Sup erVisC_ _ Fah-den as rep:esen ta-�'Ive so . een -with State 0:'lice on -4--- 0145-S i t7t .,r. rM_ September 20, 1;77 Summary, continued ' ' Page 2 -1pDroved establishment of a petty cash revolving fund for the Of ice of Emergency Ser-.ices. Determined to weep the rroDosal of a recreation facility in the Sierra Foothills •.ince~ review and to ac.no-aledge Senator 6 . _:e edly' s communication re same. .ypproved recommerda I Ori of Supe:vi sor ::ern y for further review of the Countyls Affirmative Action Program by he Finance COmm, i--'.-.tee (:,upervisors t:. i. :,ch_Oder and c . F. Kenny) . /� Appii roved Adderum 1, I'•:etal Decking, modifyin plans and Spec i i icati•ons Z. for 1r De�.e_ V1Vn Facili:.y P ro-ec V. Authorized Economic CDportunity Director to submit application for 1a,75 Head Start :rogram tc Depart went o_ A:.DO i_:tled the fOl.?Win "erSO:'_S iO the Crin_da Area :larn i v - Commiss'-OP?. D. Ar_,'erson, R. :Grassi, v . :'a_b c; . Ha wins, L. �1eJe1, Lucas, and R. I':ills. Fixed Oct. ll at 11:3 and 11:33 a.m. , respectively, for hearir.,s on recOm-mendatlon Cz :la?L'lini oi^..mission With respect to ret '^i"' applications_ o= T:. Gonsalves (2150--) , San Ramon area, and he Desco Grout, Inc. X21 j2-_,2) , rleasa.t dill 3r D Station area and Development Fla_., kpplicatior. ADDroved rdden CIUM i to Specifications =or ::Orth Richmond F ro_nta e Imrrovemerts 10.77 Pro-ect, Richmond area. //�� Authorized Treasurer-Tax Collector to solicit bids for the temnorarf Corrcw_;_..� o r :�Ir_s. Accepted Grant Deed from El. Boswell, INiS 179-76, and Offer of Dedication from J. Carter, et al, D.P. 3005-77, for recording only. Determined utility easement rights for ','.inor Subdivisions ll'-7„ tea';ley area; 52-77, Dan-%llle area; 133-76, Alamo area; and 10-77, Syron arca. Reappointed A. Compaolia as ccmmissioner of the r a.-ninF Commission. Approved request with respect to Cutcome Evaluation Eodel for Social Services. Approved recommendation. of Director, !:Umar. ?esources AE;erc f, that certain member s i _ catez-o:-es o:: ,'-le ::arpot,'e: advisory Counc-1 be referrer: to internal CDerat_Ons Com:?-ittee (3u-per':iso=rs E. H.. rasSelt.Jne and Fanden) for revleh' prior tO appointme::L. ..rzroved su:elemental child ealth 2:?C L; S -1 lit_ -- e::t_Cr _rO ra, buld.et to the ,State tJ inClude ._.Ocial er% ice =Cjonent. Authorized Direc7or, :'.:ran_ A=e c j, LO exec—le amenCrlen t existing CB1a itle I contract with :iorldwide Educational Services, Inc. to zrovide additional on-the-4ob tra_i'^? and manpower services. 01459 ;: .,e Y .R� ::a...5:"4.''kl�i".e�'-k:.w*4�.::ia....y,•- :a i`-ts'ra.. .n4, ...!' 5:::}`w�.''::' .. .. Mil.:.:eGe..xare..3,1L'ti"•3i.• Ps.,Jt!!..:...a1v..c .. ... ._ ...r .. _...... .°.w.�"w':r::^_':� .. •, :_ ... r-: i• .. .,. .,.r'_. •..•a.t.•:• �':z�t.l J'yL !� •. ...�R_ ... ...: _ .' ,......;...., .,.. ':• .. '.' .,.. •_ •ti. rV Ii.M .T�. +'S's. .dC'`' *,+ ., +ksi. .lAxi TYE• .+.. .... .. - ,.�µorf+ ++�� •---:s....�z^g.a�:-:�, �C.-m_-nto: er 201, 1a77 JL._ ary,f cCr Cir ;eG e 'utnori,ea 'vn-r�rmar. to {ecute: Lease :J th Te nt.tl and Bissell Associ a-es -or use of premises r:I�.iJn . JJ JCCla1 :mei i3 .:: Ce :.e��r� p:i.; .:Jdi4'iC2%i On '-o. 70i to C=",' i tle Project era:L, �O , ecrease 1970-77 -_a.•.. „o allow -Eur.:.s to carry over ..o 1977-75, % =_ t .o etara•'vee -+cr y en 7: CCSoez�o �_s` .en Yt _ re= • o 'o_ ser-,?i rendered Bruce; S:�bre'ional reatme nt _'aci lily A`reemert :diff? "aI'sitati o:1 iiiStriC% 7-A; Agreement with =.8. . ... & zsS,:: cia-;-es, Inc. in connection with prepa- ration of ELI for "The Villas of San Ramon" (2127-RZ) ; :greement with R. wry-lec =0�r consult ' ce n ._^� ' vices ncorn C _on prenarat_on of __R :"or "Los :obla_^os RanC_^_et-es" (Si.ib. 5033) ; Agreement with Contra Costa County RetireTen- Association for purpose of indemnifying and holding harmless said AssoCia tion from =ubl c 1i 27_l_ty arising from C:/r:ersr_ip o= buildi_n. s leased to t':Ie Oo-xnzy; i•:zree-ne:. - with S;.ate De Aar:.ment oa :eel CZ M continue Child I'II. .:_Z a . - ti on t r o"Ject ouera wed �y Coun`Cy _Health %Oena::me t; CJ'_:traC , with j. J r.C:^r:el? _or n ovisiC_^_ o_ ::CC:.:taz_onal CC:Is:,iltation Se—zi1CeS under -the Count., :e '-Ch De-oartm-e nt ts Y 6. J: d--et; Second Year Contract i..,-;-6.h $:.ate Office of arCOtlCs and :.:r'.i� Abuse (SODDA) for au'mentaz-ion of Discovery Center Fro Tram; Contract With United Council of S^a nish SDeakinn- Cr-a_niza"ioIls, inC. for the DL: .dvS2 of .._ ia%_ -� materi a S for ...•e �dou..�S/ -- ad S:ai � , Contract tii�h F. Peit-m�r, P,-,. , _or co:Ii.__Iu'at'zo.. of a;:diolog�J services at George Miller, Jr. ?:emorial '.".enter East; Cont-act with :ie1d==.O _or pro•:ision o= tr ail ing sessions for staff and volunteers of t',e �r ea r.Agency on e•-_g_;'i�'; Consultant contract ::ith 1i. iavte-r tC trovide zsyc-holJgical ser't_CeS to Head .;tea =rooram f Contract w_Ch i:t. Diablo :ems l _ '-'enter -^or -,.:}-;r o a0: ta'_,,. _.�• Cv. �___...3t_�._ 0. nurs_na home ombudsman service for Social Service Dept. %rea r,ency on :`_r__; -jve1opsart 'Block ^rat P rOg-ram ojen.+C `;�c-recae.n_s w •tn C_4;. y J- Antioch for A Clivi ties -4 and in connection :d'•"h. Hous::^_' and "0=!- i•e-- l or nt A C c= l :ipr,r Oved r eco=-_en da-.i on of Su er,ri Sor 3-or;ess :.arta'n members"--i-_ _osi:ions on the Citizens Advisory Ccmmittee for CSA M-16 be declared vaCarLt. AcIncwledged receipt of the following: Annual report presented by Chairman of Family and Children' s Services Advisory Co=ittee; Rules of Procedure of the Humnan Services :dv4 so^;r Corr.^i ss .o:: presertec by 0. L. Van . arter, _Secretary; Re_oort of certain HosDitall account-s written off during the month of Augus%,, 1977; Xemorandun fr—A 'WDloyee Relations Cfficer re petition .il-d b-y' .ln_Q^_ of American FIvsicia'_?s -for a proposed representat_C n un ::eWoranduat �'r^J1 :d0' .ty Ji:�e�'_�'_�?::Ge: O� ,.'. CoiS ."? reCo_.—endat-i:.::S Jf t e 13:76-77 Courit_v G.".-Land jur-v an'. Orde:e-_:L a co-y of S ::: Ze for—warded �C zhe :resid_n: judge of 1:1ne Suter_or Court' a_-d CC'.:.-t': C'_er .. equesCed t,;;u:.ty CJ•,:::SeI_ to review provisions of t^e Ordina::ce Code on 2^7=_iC3t4;.on DroceC::re for Cardroom l_CenseS. 0146*0 September 20, 1777 Summary, continued Page 4 Referred to : . Director of Planning inquiry from C. Andre re provisions of county sign ordinances with resect to individual flags; request from Secretary, "S-ave :•it. Diablo'', with resrect to building new homes in areas of critical fire danger; request from tine San Ramon Homeowners Association Tor a study re issuance of building permits in the San R..mon Valley; Public ':forks Director and Director of Planning letter from President, Blackhawk Corporation, proposing reduction of speed limit on a portion of existing Blackhawk Road, Danville area; Public `.forks Director Petition of 46 signatures requesting construction of bicycle path along Waterfront .Road, ' Martinez; notice of public hearings on State ;rater rreject operational criteria; Director, -Human Resources Agency, proposal from Child Abuse Prevention Council of Contra Costa County urging that an existing authorized position be assigned as a Child Abuse Coordinator function_. Authorized Public Works erector to: Bxecute Deferred Improvement Agreement with j. Carter, et al, for De,relopment Perm-it, Danville area; :tight of Entry and letter of -ndem ni- fication on behalf of the County to A. Liebert, et al, San Pablo Avenue; Road Improvement Agreement with Clocktower; Ltd. for LUP 2063-73, Danville area; increase contract Contingency fund for Oak Road Reconstruction Pro- ject (:AU) ; and re-u.-id to Safeway Stores, Inc. cash deposit as surety for encroachment permit, San Ramon area. Adopted the fallowing numbered resolutions: 77/753 and 77/757, approving without hearing or election Annexation, : o. 77-9 (San Ramon area) to CSA L-42 and Sub. 4617 (Oakley area) to 'SA L-43, respectively; 77/760 and 77/761, initiating proceedings and fixing .1ov. 1 at 10:45 a.m. for hearing on :roposed Annexation .10. 77-7 as amended (Sub. 4764 and 4657, Danville area, to CSA L-42 and Proposed Allied Chemical :'ire Boundary Reorganization (Annexation of Allied Chemical Plant area to river-.'few Fire ?rotac tion_ District} , resLec zively; 77/762, approving modification o F T1680 reeway Agreemer_ts executed 1552 eiid 1951. ; 77/70_3 and 77/764, authorizing changes in the assessment roll; 77/765, authorizing certification of Right. of .ray to State Depart:^e::t o= gra s-cortati'o in corsec-ion with HU11cr est Ave. improvements, !4-ntiocb area; 77/766, accepting as complete construction contract with R. Sao:don, Stone Valley School neighborhood Park, Alamo area; 77/707, calling a maximum tax rate increase election and setting Sept. 27 For same in CSA ::-23, San Ramon area; 77/763, as EX-Officio the Governing Board of the Morar--a Fire Frotection District, rixi:S Oct. 200 at 2 p.m. as tiwe to receive bids f-r =dWinistration auIIdirg; r 7 769, r ecovnizing D. Funk mor his many years o: effective county service as Assistant County Auditor-Ccntrolier and Count_I Auditor-Controller; 7/77D, aut-horizii:g County Treasurer-Tax Collector to furnish exrlana- tory 1:'.fOrmat'_On Or: Property taxes along tti'_t. the annual property tax bills; 77/771, proclaiming :•fee:: Of r'Ct. 2=:, 77 as E:'tl8r?:'.eSS char: ':ee� ' 7//(71 aur_^or-z:r- �as assessment, roll ;77/772 :_roUgn 77/7c0, as Ex-Officio the Govern..Lng Board c= she Contra Costa Count] :ire rrotectior. District, accepting as complete weed abatement work performed . by Spilker Tree Service, inc. ; 4—ember 21, 1=7 Summary, coni"nue =8�� 17/70'_, cszabiis_^__"' rages L^ �e Ca_C l .._ Lo h-i c are 7 ns-- �ut_ons , 77//Tzi _ Oster :,,ome Care; 7 7 j 7Jj, a—i--norizin'_ certa2.n coin_", Officials t0 BCCe^`. S'urT'luS =o erty u__ereC' 'Gr dorsa-ion by California State A enc . Ref erred t0 Internal V%er ations Com :i Z,tee `Or reCOrt in One 'aeek a^p` icat_O^ _ _ cual1Cat 1C r5 a _^.cal f.^_ .:a'_^"ar:anCc Vrja.•!'_zG. lO ✓r'10•• �o submiSS_"in %o SLala. Granted ac-eal DiJior,:rio Deve'lo-mlenii. Corocration from Planning l�.oLmiSSio_. ccndi tonal ap^roval o-,- iS ll'�_77 Lan-ville area. Denied appeal of .iS .a Grande Homeovr.ners ±SSOCiat_0:'i fro 1 :lan_,n i n-- CO: mission conQ_i._Ona'_ approval C_ ten`CaT.r.':e Wap c f Sub. 46,:)7 nan'i ille r , area. Z'%--.proved a:,yl _:G.._Jn J_ :a..er =Or _n:crease in nu nber of card L.aoles and hours of oz)e. ation a., Pacheco ln.'?. :=referred Jac:: zo :larLt!i:nrr Commission t0 consider an Kl? ZOn_n, in co-nnection appl=Cation Q_ Secur=LY rk"%'?ers COrporat:0."= (200 :'.:.) . Fixed Oct. lS at the t-i eS -indicated =or he _n, `^ ats O_ :lann it nc- %oamisS.1 on WiT'? reSpec;, to the 'oll O'/i_n_cr• 11 :1-- a.m. A�^lica t_Jr� of a-.vrie Devel^p�len V �Gl it-RZ) t0 reZ'J!7e !and in t'-n.e Danville area, and 11:15 a.m. '.:::ropOS?d C*Zdinnan ce Code .4r*encz:enz. concerning S !r- l' o-- Co_ttrol Combining 1)_5 t-riC. _or _.!aro, Danville and Sant 'amore areas. _ccepted cid -"or rOi. ._n? d" c*- cl?an_n= _n Crin::la-P'_t'-Sbur- iamo a��^.. Danv l l G areas. i The. . preceding. documents._. . consist of 1462 pages. i