HomeMy WebLinkAboutMINUTES - 02231993 - 1.75 fS_
TO: BOARD OF SUPERVISORS Contra
FROM: Arthur C. Abner, Executive Director j
Contra Costa County Private Industry Council Costa
�--
DATE: February 3, 1993 '•; �' County
SUBJECT: Authorizing Submission of SYETP Subgrant Agreement for 1993 (County #19-8205-0)
SPECIFIC REQUESTS)OR RECOMMENDATION(S)i BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Authorize the Board Chair to execute on behalf of the County the Job Training
Partnership Act (DTPA) Title II-B Summer Youth Employment and Training
Program(SYETP) Subgrant Agreement for 1993 (County#19-8205-0) to the State
Job Training Partnership Division (JTPD) for the term of October 1, 1992
through September 30, 1993.
II. FINANCIAL IMPACT:
None. One hundred percent federal funds.
III. REASONS FOR RECOMMENDATION BACKGROUND:
By written instruction received February 2, 1993, the State JTPD informed
Service Delivery Areas (SDAs) that a DTPA SYETP Subgrant agreement for 1993
must be submitted as soon as possible.
Preliminary Planning estimates for the 1993 Program will be issued shortly. At
this time, the subgrant incorporates only $61,785 in 1992 carryover funds. New
SYETP dollars will be unilaterally modified into the subgrant in the near future.
Formal approval of this SYETP Subgrant Agreement will occur after relevant
parts of the 1993 Job Training Plan Adjustment has been approved by the State.
TINATTACHMENT:
CONTINUED ON YES SIGNATURE: I ' L Q
�T�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIONATURErl :
ACTION OF BOARD ON -3 APPROVED AS RECOMMENDED_X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
—/1 UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: Bob Whatford 65391 3
cc: Private Industry Council ATTESTED
County Administrator PHIL BATCHELOR,CLERK CF THE BOARD OF
County Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
JTPD/EDD (via Private Industry Council /J
Disk: #11:Boar.d/SYETPSUB.GRT
BY DEPUTY
V-362 f10 Be;
19 - � - p
-� 7 5
DTPA - SUBGRANT AGREEMENT (1) REGISTRATION NO: 6301005
(2) MODIFICATION NO: NEW
(3) NAME OF SDA: Contra Costa County
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SUBGRANTOR: State of California 1(4) SUBGRANTEE: Board of Supervisors
Employment Development Department Contra Coasts County
Job Training Partnership Office, NIC 69 2425 Bisso Lane, Suite 100
P.O. Box 826880 Concord, CA 94520
Sacramento, CA 94280-0001 1(5) Governmental Entity: Yes: X No:
(6) This Subgrant Agreement is entered into by and between the State of California, Employment Development Department, hereinafter
the Subgrantor, and the Contra Costa County , hereinafter the Subgrantee. The Subgrantee agrees to operate a
program in accordance with the provisions of this Subgrant and an approved Job Training Plan for the aboved-named SDA and, as
applicable, an approved Employment and Training Plan for Displaced Yorkers filed with the Subgrantor pursuant to the Job
Training Partnership Act (DTPA). This Subgrant consists of this sheet and those of the following exhibits as designated
with an "X", which are attached hereto and by this reference made a part hereof:
X Funding Detail Chart Exhibit AA, pages 1 through 1 ;
X General Provisions and Standard of Conduct Exhibit BB, pages 1 through 10 ;
Title II-A, 202(a) (78%) Exhibit DD, pages through
Title II-A, 202(b) (2) (3%) Exhibit FF, pages through ;
Title II-A, 202(b) (3) (6% - A) Exhibit GG, pages through
Title II-A, 202(b) (3) (6% - B) Exhibit HH, pages through ;
Title II-A, 202(b) (4) (5%) Exhibit 11, pages through
X Title II-B Exhibit JJ, pages 1 through 1 ;
Title III Exhibit KK, pages through
X Drug-Free Certification (Signature Required) Exhibit LL, pages 1 through 1 ;
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(7) ALLOCATION(s) - The Subgrantor agrees to reimburse the PRIOR AMOUNT: 0
Subgrantee not to exceed the amount listed herein after INCREASE/DECREASE: 61,785
"TOTAL": TOTAL: 61,785
--•-------------------------------•--------..-.--------•-----•----------------------•------------•--------•-------------------------
(8) TERM OF THE AGREEMENT - From 10/01/92 To 09/30/93 Terms of Exhibits DD - LL are as designated on each exhibit
------------------------------------------------------------------------------------------------------------------------------------
(9) PURPOSE: To incorporate Title II-B carry-in funds.
-----•------•--------------------------------------•----------------.....------------------------•--•---------------------..........
(10) APPROVED FOR SUBGRANTOR (EDD) j(11) APPROVED FOR SUBGRANTEE
By Signature By Sig�Lwre—)--�'
-------------------------------------------------------------'-------------/!�!---------------------------------------------------
Name ,and Title Name and Title
JUDY KUHLMAN, Ph.D., Division Chief Tom Torlakson, Chair
JOB TRAINING PARTNERSHIP DIVISION Contra Costa County Board of Supervisors
I hereby certify that to my knowledge, the budgeted IThis Agreement does not fall within the meaning of Section 10295 of
funds are available for the period and purpose of lChapter 2 of Part 2 of Division 2 of the Public Contract Code of the
expenditures as stated herein: IState of California and pursuant to 58 OPS Cal. Atty. Gen. 586 , is
exempt from review or approval of Dept. of General Services and the
Dept. of Finance:
....................................................................................................................................
Signature of EDD Accounting Officer +Signature of EDD Contract Coordinating Officer
Budget Item Code 8 Title Amount Encumbered S
Federal Catalog No. State % Federal % Budgetary Attachment: Yes No
Subgrant Monitor: Chief, Job Training Partnership Office
JTPA-30 (11-89)
Exhibit AA
PAGE 1 of 1
Funding Detail Chart
Subgrantee Name: Contra Costa Canty Subgrant No: 6301005
Modification No: NEW
I. ALLOCATION
A. ( B. ( C. D. ( E.
( ( ( ADJUSTED
FUNDING SOURCE * ( PRIOR AMOUNT INCREASE ( DECREASE ( ALLOCATION
..........................................(--------------------(--------------------(--------------------(--------------------
TITLE IIA: 202a M1 ( ( 0
--------------------------•------------•--I-------------------- ----•---------------(-------------------- --------------------
202b.2 3%1 1 ( ( 0
..........................................(--------------------(--------------------(--------------------(--------------------
202b.3.A Intent. 6%1 1 ( 0
------------------------------------------I--•----------------- -----•-------------- -------------------- --------------------
202b.3.B T/A Proj. 6%1 ( 0
---•--------------•------------•-•--------I--------------------(-------------------- --------------------(--------------------
202b.4 5%1 0
----------•---••..........................I---------.---------- -------------------- -------------------- --------------------
Other
----- ------Other NIS 6%1 ( 0
•--------•---••---•--•--••-----------•----I------•------------- -------------------- -------------------- ---•----------------
Other NIS 5%1 0
------------------------------------------------------------------------------------------------------------------------------
1. TOTAL TITLE IIA ( 0 ( 0 1 0 ( 0
_=�===zsa=za=zss=s=ssszsa=zz===z=====zeeax===aaaaesxsssxesss=a=s===z=zaa=aasassss==zs=zaasassaasz=ssa=ass==a=s=a=asaz=ssa===
2. TITLE 116 (251b.) 0 61,785 0 61,785
a=�========e=====s=ssaa=c=aa=aaaaaxa=====___=====aaaxaa=aasasss=======a=aa=asaaac=sssaaaa=axaaaaa==s==sa=====----=====aasssas
TITLE III: Old Title III carry-in ( 0
------------------------------------------(--------------------(-------------------- -------------------- ---------•----------
302c.2/302d EDWAA 0
------------------------------------------ -------------------- ------------------- -------------------- --------------------
CARE 322(a)(3) ( ( 0
------------------------------------------(--------------------(--------------------(-------------------- --------------------
-----------------------------------------------------------------------------•--•-------------------•-------------------------
3. TOTAL TITLE III 0 0 0 0
ez-_azo==a=xax=a=ssssssaassssaaa=a=annasasaaaassaaaaaaassaaasaaaesssass===xz===a======aasaxaasasaa=a=sasssaaaa=a=s=======s=ssas
OTHER FUNDS: Describe
Auditing Services ( ( ( 0
------------------------------------------ -------------------- -------------------- -------------------- --------------------
Describe
0
------------------------------------------ ----••--------------(---------------•----(-------------------- --------------------
Describe
( ( ( 0
•-----------------------------•--------------------------------------------....-----------------------•--•------------------•-
4. TOTAL OTHERS ( 0 ( 0 ( 0 0
S. GRAND TOTAL (1+2+3+4) ( 0 ( 61,785 0 ( 61,785
* All references are to the Job Training Partnership Act (PL 97-300) unless otherwise noted.
For modification purposes only: All other terms and conditions of this exhibit not included herein remain unchanged.
JTPA 30A (11/89)
EXHIBIT BB
Page 1 of 10
GENERAL PROVISICi1�
1. Ccmliance -
a. In performance of this agreement, Subgrantee will fully comply with:
1. The provisions of the DTPA and all regulations, directives, policies,
procedures and amendments issued pursuant thereto and/or legislation,
regulations, policies, directives, and/or procedures which may replace
DTPA;
2. The Family Economic Security Act (FESA) , California Unemployment
Insurance Code Section 15000 et. sea. , to the extent permitted by
federal law; all State regulations and Governor's policies, directives
and procedures issued pursuant to FESA; and legislation, regulation,
policy and/or procedures which may replace FESA.
b. Subgrantee will ensure diligence in managing programs under this agreement
including the carrying out of the appropriate monitoring activities and in
taking prompt corrective action against known violations of the JZ'PA.
c. This agreerent contains the entire agreement of the parties and supersedes
all negotiations, verbal or otherwise, and any other agreement between the
parties hereto. This agreement is not intended to and will not be
construed to create the relationship of agent, servant, employee,
partnership, joint venture or association between the Subgrantor and the
Subgrantee.
2. Certifications - Except as otherwise indicated, the following certifications
apply to all Subgrantees. '
a. Corporate - The Subgrantee, if it is a corporation, certifies
it is registered with the Secretary of State of the States of California.
b. Sectarian Activities - The Subgrantee certifies that this agreement does
not provide for the advancement or aid to any religious sect, church or
creed, or sectarian purpose nor does it help to support or sustain any
school, college, university, hospital or other institution controlled by
any religious creed, church, or sectarian denomination whatever, as
specified by Article XVI, Section 5, of the Constitution, regarding
separation of church and state.
c. National Labor Relations Board - The Subgrantee, by signing this agreement,
does swear under penalty of perjury, that no more than one final
unappealable finding of contempt of court by a federal court has been
issued against the Subgrantee within the immediately preceding two-year
period because of Subgrantee failure to comply with an order of a federal
court which orders the Subgrantee to comply with an order of the National
Labor Relations Board.
Page 2 of 10
d. Prior Findings - Subgrantee, by signing this agreement, does swear under
penalty of perjury, that it has not failed to satisfy any major condition
in a current or previous contract or grant with the Department of Labor
(DOL) or the State of California and has not failed to satisfy conditions
relating to the resolution of a final finding and determination, including
repayment of debts.
3. Standards of Conduct - The following standards apply to all Subgrantees.
a. General Assurance - Every reasonable course of action will be taken by the
Subgrantee in order to maintain the integrity of this expenditure of public
funds and to avoid favoritism and questionable or improper conduct. This
agreement will be administered in an impartial manner, free from efforts to
gain personal, financial or political gain. The Subgrantee, its executive
staff and employees, in administering this agreement, will avoid situations
which give rise to a suggestion that any decision was influenced by
prejudice, bias, special interest or desire for personal gain.
b. Employment of Former State Employees - The Subgrantee will insure that any
of its employees who were formerly employed by the State of California in a
position that could have enabled such individuals to impact policy
regarding or implementation of programs covered by this agreement, will not
be assigned to any part or phase of the activities conducted pursuant to
this agreement for a period of not less than two years following the
termination of such employment.
c. Conducting Business Involving Relatives - No relative by blood, adoption or
marriage of any executive or employee of the Subgrantee, will receive
favorable treatment when considered for enrollment in programs provided by,
or employment with, the Subgrantee.
d. Conducting Business Involving Close Personal Friends and Associates -
.Executives and employees of the Subgrantee will be particularly aware of
the varying degrees of influence that can be exerted by personal friends
and associates and, in administering the agreement, will exercise due
diligence to avoid situations which give rise to an assertion that
favorable treatment is being granted to friends and associates.
When it is in the public interest for the Subgrantee to conduct business
with a friend or associate of an executive or employee of the Subgrantee,
an elected official in the area or a member of the Private Industry Council
(PIC) , a permanent record of the transaction will be retained.
e. Avoidance of Conflict of Economic Interest - An executive or employee of
the Subgrantee, an elected official in the area or a member of a PIC, will
not solicit or accepz� money or any other consideration from a third person,
for the performance of an act reimbursed in whole or part by the Subgrantee
or Subgrantor. S�Yplies, materials, equipment or services purchased with
agreement funds will be used solely for purposes allowed under this
agreement.
Page 3 of 10
No member of the PIC will cast a vote on the provision of services by that
member (or any organization which that member represents) or vote on any
matter which would provide direct financial benefit to that member or any
business or organization which the member directly represents.
4. Coordination - Subgrantee will, to the maxi,mm► extent feasible, coordinate all
programs and activities supported under this part with other programs under the
DTPA, the Wagner-Peyser Act, Title 38 of the United States Code, and other
employment and training programs at the State and local level.
5. q -
a. This agreement is valid and enforceable only if sufficient funds are made
available to the State by the United States Government for the purpose of
this progrmn.
b. At the expiration of the term of this agreement or upon termination prior
to the expiration of this agreement, funds not obligated for the purpose of
this agreement will be immediately remitted to the Subgrantor.
c. The Subgrantor retains the right to suspend financial assistance, in whole
or in part, to protect the integrity of the funds or to ensure proper
operation of the program, providing the Subgrantee is given prompt notice
and the opportunity for a hearing within 30 days from such suspension, as
set forth in Section 164 (b) and 164 (f) of the Act. Failure on the part
of the Subgrantee or a Subcontractor of the Subgrantee to comply with the
provisions of this agreement, or with the Act or regulations, when such
failure involves fraud or misappropriation of funds, may result in
immediate withholding of funds.
6. Property - All property, finished or unfinished documents, data, studies and
reports prepared or purchased by the Subgrantee under this agreement, will be
disposed of in accordance with the direction of the Subgrantor. In addition,
any tools and/or equipment furnished to the Subgrantee by the Subgrantor and/or
purchased by the Subgrantee with funds pursuant to this agreement, will be
Limited to use within the activities outlined in this agreement and will remain
the property of the United States Government and/or the Subgrantor. Upon
termination of this agreement, Subgrantee will immediately return such tools
and/or equipment to the Subgrantor or dispose of them in accordance with the
direction of the Subgrantor.
7. Termination -
a. This agreement may be terminated in whole or in part for either of the two
following circumstances:
1. Termination for Convenience - Either the Subgrantor or the Subgrantee
may request a termination for convenience. The Subgrantee will give a
ninety (90) calendar-day advance notice in writing to the Subgrantor.
Page 4 of 10
2. Termination for Cause - The Subgrantor may terminate this agreement in
whole or in part when it has determined that the Subgrantee has
substantially violated a specific provision of the JTPA or Regulations
and corrective action has not been taken.
b. The Subgrantor has the option to void or amend this agreement to reflect
any reduction of funds.
c. All notices of termination must be in writing and be delivered personally
or by deposit in the U. S. Mail, postage prepaid, "Certified Mail-Return
Receipt Requested", and will be deemed to have been given at the time of
personal delivery or of the date of postmark by the U. S. Postal Service.
Notices to the Subarantee will be addressed to:
Arthur C. Miner, Executive Director
Contra Costa County Private Industry Council
2425 Bisso Lane, Suite 100
Concord, California 94520
Telephone i 510 646-5239
Notices to the SubQrantor will be addressed to:
Employment Development Department
Job Training Partnership Division
P.O. Box 942880, MIC 69
Sacramento, CA 94280-0001
8. AmendTant.c
This agreement may be modified by the Subgrantor upon written notice to the
Subgrantee under the following circumstances:
a. There is an increase or decrease in federal or State funding levels.
b. A modification to the Subgrant is required in order to implement an
adjustment or modification to the Plan.
c. Funds awarded the Subgrantee have not been expended in accordance with the
schedule included in the approved Plan. After consultation with the
Subgrantee, the Subgrantor has determined that funds will not be spent in a
timely manner, and such funds are for that reason to the extent permitted
by and in a manner consistent with State and federal law, regulations and
policies, reverting to the Subgrantor.
d. There is a change in State and federal law or regulation requiring a change
in the provisions of this Subgrant.
Except as provided above, this Agreement may be amended only in writing by the
mutual agreement of both parties.
Page 5 of 10
9. Insurance - Except for city and county governmental entities, Subgrantees must
provide the Subgrantor evidence of the coverages specified in a, b, c, and d
below. The evidence of coverage shall include the registration number of the
subgrant agreement for identification purposes.
a. Subgrantee will obtain a fidelity bond in an amount of not less than
42 , prior to the receipt of funds under this agreement. If the
bond is cancelled or reduced, Subgrantee will immediately so notify the
Subgrantor. In the event, the bond is cancelled or revised, the Subgrantor
will make no further disbursements until it is assured that adequate
coverage has been obtained.
b. Subgrantee will provide general liability insurance with a combined limit
of $500,000 or public liability coverage for $500,000 and property damage
coverage for $100, 000. Regardless of the type of coverage secured, a
minim m aggregate of $500,000 for public liability and for property damage
is required.
c. Subgrantee will provide broad form automobile liability coverage with
limits as set forth in (b) above, which applies to both owned/leased and
non-owned automobiles used by the Subgrantee or its agents in performance
of this agreement, or, in the event that the Subgrantee will not utilize
awed/leased automobiles but intends to require employees, trainees or
other agents to utilize their own automobiles in performance of this
agreement, Subgrantee will secure and maintain on file from all such
employees, trainees or agents a self-certification of automobile insurance
coverage.
d. Subgrantee will provide Worker's Compensation Insurance, which ccTplies
with provisions of the California Labor Code, covering all employees of the
Subgrantee and all participants enrolled in work experience programs.
Medical and Accident Insurance will be carried for those participants not
qualifying as "employee" (Section 3350, et seq. of the California Labor
Code) for Worker's Compensation.
e. The Subgrantor will be named as "Certificate Holder" of policies secured in
compliance with paragraphs a-d above and will be provided certificates of
insurance or insurance company "binders" prior to any disbursement of funds
under this agreement, verifying the insurance requirements have been
complied with. The coverage noted in b and c above must contain the
following clauses:
1. Insurance coverage will not be cancelled or changed unless 30 days
prior to the effective date of cancellation or change written notice is
sent by the Subgrantee to:
Employment Development Department
JTPD - Grants Management Unit MIC 69
P. 0. Box 942880
Sacramento, CA 94280-0001
Page 6 of 10
2. State of Califc=.ia, its officers, agents, tetiployees and servants are
included as additional insureds, but only insofar as the operations
under this agreement are concerned.
3. The State of California is not responsible for payment of premiums or
assessments on this policy.
10. Accounting and Cash Management
a. Subgrantee will comply with controls, record keeping and fund accounting
procedure requirements of JTPA, Federal and State Regulations and
Directives to ensure the proper disbursal of, and accounting for, program
funds paid to the Subgrantee and disbursed by the Subgrantee, under this
agreement.
b. Subgrantee will submit requests for cash to coincide with date cash
needs and assure that no excess cash is on deposit in their accounts or the
accounts of any sub-contracting service provider in accordance with
procedures established by the Subgrantor. Failure to adhere to these
provisions may result in funds being provided through a reimbursement
process.
c. The Subgrantor retains the authority to adjust specific amounts requested
if the Subgrantor's records and subsequent verification with the Subgrantee
indicates that the Subgrantee has an excessive amount of cash in its
account.
d. Income • (including interest income) generated as a result of the receipt of
JTPA activities, will be utilized in accordance with policy and procedures
established by the Subgrar.or. Subgrantee will account for any such
generated income separately.
e. Before any funds are released under this agreement, Subgrantees, except
city and county governmental entities, will establish a special bank
account. All funding under this agreement, will be made by check or wire
transfer payable to the Subgrantee for deposit only in said Special Bank
Account or city and county governmental bank accounts previously
established. No part of the funds in the Special Bank Account will be
commingled with other funds of the Subgrantee. To provide for the
necessary and proper internal controls, funds in the Special Bank Account
should be withdrawn and disbursed by no less than two representatives of
the Subgrantee. The Subgrantor will have a lien upon any balance in the
Special Bank Account, which will take priority over all other liens or
claims.
f. For non-Service Delivery Area (SDA) Subgrantees, failure to adhere to the
reporting requirements in item 12 of this agreement will result in funds
not being released. Failure of an SDA to adhere to the requirements of
Section 15028 of the Unemployment Insurance Code may result in sanctions.
11. Records -
a. If participants are served under this agreement, the Subgrantee wi-11
establish a participant data system as prescribed by the Subgrantor.
Page 7 of 10
b. Subgrantee will retain all records pertinent to this agreement for a period
of three years from the date of final payment of this agreement. If, at
the end of three years, there is litigation or an audit involving those
records, the Subgrantee will retain the records until the resolution of
such litigation or audit.
c. The Subgrantor and/or the U. S. Department of Labor, or their designee,
will have access to and right to examine, monitor and audit all records,
documents, conditions and activities related to programs funded by this
agreement. Subgrantee's performance under the terms and conditions herein
specified will be subject to an evaluation by the Subgrantor of the
adequacy of the services performed, timeliness of response and a general
impression of the competency of the firm and its staff.
12. $eoortinQ - Subgrantee will compile and submit reports of activities ,
expenditures, status of cash and closeout information by the specified dates as
prescribed by the Subgrantor.
13. Grievance and Complaint System - Subgrantee will establish and maintain a
grievance and canplaint procedure in canpliance with DTPA, Federal Regulations
and State statues, regulations and policy.
14. Conflicts -
a. Subgrantee will cooperate in the resolution of any conflict with the U. S.
Department of Labor which may occur frau the activities funded under this
agreement.
b. 'In the event of a dispute between the Subgrantor and the Subgrantee over
any part of this agreement, the dispute may be submitted to non-binding
arbitration upon the consent of both the Subgrantor and the Subgrantee. An
election for arbitration pursuant to this provision will not preclude
either party frau pursuing any remedy for relief otherwise available.
15. Audits -
a. The Subgrantee will maintain and make available to auditors, at all levels,
accounting and program records including supporting source documentation.
and cooperate with all auditors.
b. The Subgrantee and/or auditors performing monitoring or audits of ; .e
Subgrantee or its sub-contracting service providers will immediately report
to the Subgrantor any incidents of fraud, abuse or other criminal activity
in relation to this agreement, the MA, or its regulations.
Page 8 of 10
c. Before any funds are issued under this agreement the Subgrantee will
submit, to the Subgrantor, the findings of the most recent audit of its
financial systems. The Subgrantee will demonstrate that its financial
accounting systems are adequate to satisfy Federal and State audit
requirements per Federal Register, 20 CFR, Section 629.42, dated
February 12, 1988.
d. Before any funds are released under this agreement, the Subgrantee will
describe how, if it becomes necessary, the Subgrantee will repay disallowed
expenditures with non-federal funds.
16. gisalladed Costs - Except to the extent that State legislation permits or will
permit the Subgrantor to assume liability, the Subgrantee will be liable for
and will repay, to the Subgrantor, any amounts expended under this agreement
found not to be in accordance with DTPA including, but not limited to,
disallowed costs. Such repayment will be from funds (Non-Federal) , other than
those received under the JTPA.
17. Indemnification -
a. The following provision applies only if the Subgrantee is a governmental
entity.
Pursuant to the provision of Section 895.4 of the California Government
Code, each party agrees to indemnify and hold the other party harmless from
all liability for damage to pe_sons or property arising out of or resulting
from acts or omissions of the indemnifying party.
b. The following provision applies only if the Subgrantee is a non-
governmental entity.
The Subgrantee agrees to the extent permitted by law, to indemnify, defend
and save harmless the Subgrantor, its officers, agents and employees from
any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, materials persons, laborers and any other
persons, firms or corporations, furnishing or supplying work, services,
materials, or supplies in connection with the performance of this
agreement, and from any and all claims and losses accruing or resulting to
any persons, firms or corporations which may be injured or damaged by the
Subgrantee in the performance of this agreement.
18. mor Organizations - Subgrantee will consult with the appropriate labor
organizations and/or employer representatives in the design, operation or
modification of the programs under this agreement.
Page 9 of 10
19, Nonc3i scr jn i=tion Claus aus -
a. The conduct of the parties to this agreement will be in accordance with
Title VI of the Civil Rights Act of 1964, and the Rules and Regulations
pramul.gated thereunder. In addition:
1. During the performance of this agreement, the Subgrantor, Subgrantee
and its subcontractees will not deny the agreement's benefits to any
person on the basis of religion, color, ethnic group identification,
sex, age, physical or mental disability, nor will they discriminate
unlawfully against any employee or applicant for employment because of
race, religion, color, national origin, ancestry, physical handicap,
mental disability, medical condition, marital status, age or sex.
Subgrantee will insure that the evaluation and treatment of employees
and applicants for employment are free of such discrimination.
2. Subgrantee will camply with the provisions of the Fair Employment and
Housing Act (California Government Code, Section 12900 et seq.) , the
regulations prara.lgated thereunder (California Administrative Code,
Title 2, Section 7285.0 et seq. ) , the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2, of the Government Code
(Sections 11135 through 11139.5) and regulations pramilgated thereunder
and standards adopted by the Subgrantor.
3. The Subgrantee and its subcontractors will given written notice of
their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement.
4. The Subgrantee will include the non-discrimination and compliance
provisions of this clause in all subcontracts to perform work under
this agreement.
20. Subcontracting -
a. Any of the work or services specified in this agreement which will be
performed by other than by the Subgrantee will be evidenced by a written
agreement specifying the terms and conditions of such performance.
b. The Subgrantee will maintain and adhere to an appropriate system,
consistent with federal, State and local law, for the award and monitoring
of contracts which contain acceptable standards for insuring
accountability.
c. The system for awarding contracts will contain safeguards to insure that
the Subgrantee does not contract with any entity moose officers have been
convicted of fraud or misappropriation of funds within the last two years.
d. The system for soliciting and/or developing fixed unit price contracts (20
CFR, Part 629. 38 (e) (2) must include sufficient documented analysis to
assure that costs billed as a single unit charge are reasonable and
supportable based on the prevailing rate of such services obtained from
carrpetitive sources or that costs are justifiable, predicated on the unique
nature of the training provided.
Page 10 of 10
21. Title I-B Additional Proviso Qna -
Programs under Title II-B shall be conducted during the summer months, except
that an SDA may, within the jurisdiction of any local educational agency that
operates its schools on a year-round, full-time basis, offer the programs under
this part to participants during a vacation period treated as the equivalent of
a summer vacation. Appropriate adjustment to the Job Training Plan will be
required for an SDA having year-round school within its jurisdiction.
22. Signatures -
a. This agreement is of no force and effect until signed by both of the
parties hereto. Subgrantee will not commence performance prior to the
beginning of this agreement.
EXHIBIT COVER SHEET
EXHIBIT JJ
PAGE 1 OF 1
REGISTRATION NO: 6301005
MODIFICATION NO: NEW
SUBGRANTEE: Contra Costa County
FUNDING SOURCE: Title 11-6
TERM OF THIS EXHIBIT IS FROM: 10/01/92 TO: 09/30/93
(term of the exhibit may not exceed the term of the agreement)
PROGRAM NARRATIVE
The Subgrantee will operate this program in accordance with the approved
Job Training Plan on file in the Job Training Partnership Division Office
of the Employment Development Department, 750 N Street, Sacramento, California.
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This exhibit adds to and does not replace the terms and conditions of any other exhibit included in this
agreement which terms and conditions remain in full force and effect.
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JTPA 30EX (11/89)
STATE OF CALIFORNIA EXHIBIT LL
DRUG-FREE WORKPLACE CERTIFICATION PAGE 1 OF 1
STD.21(NEW 71-90)
6301005
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COMPANY/ORGANIZATION NAME
Contra Costa County
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The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters
relating to providing a drug-free workplace. The above named contractor will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possesion, or use of
a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required
by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all
of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace,
(c) Any available counseling, rehabilitaion and employee assistance programs, and
(d) ' Penalties that may be imposed upon employees"or drug abuse violations.
3. Provide as required by Government Code Section 8355(c) that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company's drug-free policy statement, and
(b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
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CERTIFICATION
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I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to
the above described certification. I am fully aware that this certification, executed on the date and in the county below,
is made under penalty of perjury.under the laws of the State of California.
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OFFICIAL'S �NE�
(Torlakson
.......... , .... . OL - --- ------------------------------------------------------------------------------------------
DATE EXECUTED EXECUTED IN THE COUNTY OF
Contra Costa
C TRACTOR or GRAN -J*CIPIENT/S�LPNI TUUREE
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TITLE
Chair, Contra Costa County Board of Supervisors
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FEDERAL I.D. NUMBER
94-60000509