HomeMy WebLinkAboutMINUTES - 05241994 - 1.33 To: BOARD OF SUPERVISORS
Contra
FROM: Arthur C. Miner, Executive Director
Costa
Contra Costa County Private Industry Council =•
County
DATE:
May 10, 1994 ���•
SUBJECT: Authorizing Submission of 1994/95 Title II-A/II-C Master Subgrant (County
#19-8220-0)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Authorize the Board Chair to execute on behalf of the County, Job
Training Partnership Act (DTPA) 1994/95 Title II-A/II-C Master
Subgrant (County #19-8220-0) for submission to the State Job Training
Partnership Division (JTPD) .
II. FINANCIAL IMPACT:
None. One hundred percent federal funds.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
By written instructions dated May 2, 1994, the State JTPD informed
Contra Costa County that a JTPA 1994/95 Title II-A/II-C Master
Subgrant must be executed and submitted as soon as possible.
This Master Subgrant will incorporate $2,667,587 in JTPA Title II-A
and II-C for Program Year 1994/95 (July 1, 1994 through June 30,
1995) .
Final approval of this Master Subgrant will occur after formal State
approval of the 1994/96 Job Training Plan, which was approved by the
Board for submission to the State on April 19, 1994.
CONTINUED ON ATTACHMENT: YES SIGNATURE: ��
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
J
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
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, 646-5373
CC: Private Industry Council ATTESTED ,, a
County Administrator PHIL BATCHE R,CLERK OF THE BOARD OF
County Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
JPTD/EDD (via Private Industry Council)
#11:BOARD/MASTER
BY e DEPUTY
M382 110!881
Job Training Partnership Division ✓1
Number: 94-62
Serving the People of California INFORMATION BULLETIN Date: May 2, 1994
69:16:g1
TO: SERVICE DELIVERY AREA ADMINISTRATORS
SUBJEC NEW 1994/95 TITLE II-A/II-C MASTER SUBGRANT AND THE NEW
1994/95 TITLE III MASTER SUBGRANT
Enclosed are your two new Master Subgrants. The Title III funds are no longer
incorporated in the same subgrant with the Title II-A and Title II-C funds but are now a
separate Title III Master Subgrant. The Title II-A/II-C and Title III Master Subgrants are
separate subgrants, processed completely independent of one another and, therefore,
require not only separate original signatures but separate documents (such as signatory
authorizations).
The allocations incorporated in these subgrants are for Program Year 1994/95, although
the actual term of the subgrants is July 1, 1994 through June 30, 1997. Job Training
Partnership Division (JTPD)`will be issuing all Master Subgrants with a three year term.
Additional allocations will be unilaterally modified into these subgrants for each of the
two remaining program years covered by these subgrants. The Title II-A/II-C subgrant
contains Title II-A 77 percent, 5 percent Older Workers and Title'II-C 82 percent funds.
This initial.Title III Master Subgrant contains 50 percent funds. Subsequent modifications
to the Title III Master Subgrant will contain, as separate line items, 10 percent funds, 40
percent funds for Rapid Response and Basic Readjustment activities that are currently
"stand alone" contracts, as well as National Reserve, Defense Conversion and Title IV-C
funds.
.We request that you review this subgrant and take the following actions:
1. Complete the following sections of Exhibit BB, the General Provisions.
A. Page 4, Section 7.C, "Notices to the Subgrantee will be addressed to:
B. Page 5, Section 9.A, the amount of your fidelity bond. If this section does not
apply, place "N/A" in the blank space;
NOTE:
The Drug Free Workplace Certificate has now been incorporated as part of the General
Provisions, Page 1, Section 2.E. It no longer requires a separate signature.
2. Duplicate six (6) additional copies of each Master Subgrant.
3. Obtain six (6) original signatures of each Master Subgrants by the person authorized
to sign on behalf of the subgrantee.
4. Send six (6) completed and signed copies of each Master Subgrant to JTPD along
with a clear copy of the Resolution providing signatory authority for each subgrant.
Send the Title H-A/H-C subgrant to the attention of Judi Bauman and send the Title
III subgrant to the attention of Lin Martin.
A copy of the old Resolution is adequate if it is current and pertains to these
subgrants. However, a copy must accompany each subgrant Preferably,
Resolutions should be drawn up to authorize a signature by a designated staff
position, rather than by a named individual.
5. Non-governmental subgrantees, including incorporated Private Industry Councils,
must provide verification of fidelity bond coverage.
The Job Training Partnership Act does not allow release of funds until they are covered by
an approved Job Training Plan. We cannot, therefore, sign your subgrant or release funds
until your Job Training Plan has been approved by JTPD.
It is very important that subgrants be signed and returned promptly so that processing can
be completed and funds may be made available. If you have any questions, please contact
your monitor.
VI �JD�
D u hie
cc: Car os Lopez, MIC 87
Belva Waddell, MIC 20
Jim Curtis, MIC 69
DTPA - SUB(iR"'f A(TREEMENT19
E .�
® C 2 •- I ��
NAME OF SDA: Contra Costa County REGISTRATION NO: G50005
MODIFICATION NO: NEW
SUBGRANTOR State of California SUBGRANTEE: Board of Supervisors
Employment Development Department Contra Costa County
Job Training Partnership Office 2425 Bisso Lane, Suite 100
P.O.Box 826880,MIC 69 Concord,CA 94520
Sacramento, CA 94280-0001 GOVERNMENTAL ENTITY: YES
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 Workers filed with the Subgrantor pursuant to the Job Training
Partnership Act(ITPA). This Modification 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 8 ;
X Title H-A 77% Exhibit CC,pages 1 through 1 ;
X Title II-A 5%Older Workers Exhibit DD,pages 1 through 1 ;
Title II-A 5%Incentive Exhibit EE,pages through ;
Title II-A 5%Technical Assistance Exhibit FF,pages through
Title II-A 5%Capacity Building Exhibit GG,pages through ;
Title H-A 5%MIS Maintenance(Admin.) Exhibit HH,pages through ;
X Title II-C 82% Exhibit II,pages 1 through 1 ;
Title II-C 5%Incentive Exhibit JJ,pages through ;
Title H-C 5%Technical Assistance Exhibit KK,pages through
Title II-C 5%Capacity Building Exhibit LL,pages through ;
Title II-C 5%MIS Maintenance(Admin.) Exhibit MM,pages through ;
Other Exhibit NN,pages through ;
PRIOR AMOUNT: 0
The Subgrantor agrees to reimburse the Subgrantee INCREASE/DECREASE: 2,667,587
not to exceed the amount listed herein after"TOTAL": TOTAL: 2,667,587
TERM OF AGREEMENT: Terms of Exhibits CC-NN are as designated on each exhibit
From 07/01/94 To 06/30/97
PURPOSE: To initiate the 1994/95 Title II-A/II-C Master Subgrant.
APPROVED FOR SUBGRANTOR (EDD) (By Signature) APPROD F SUBG TEE y Signa ure)
Name and Title Name and Title
VIDKI J.JOHNSRUD,Deputy Chief Tom Powers, Chair
JOB TRAINING PARTNERSHIP DIVISION Contra Costa County Board of S e
I hereby certify that to my knowledge,the budgeted funds are This Agreement does not fall within the meaning of Section
available for the period and purpose of expenditures as stated 10295 of Chapter 2 of Part 2 of Division 2 of the Public Contract
herein: Code of the State 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&Title Amount Encumbered S
Federal Catalog No.: 17250/17246 State % Federal: 100 % Budgetary Attachment: Yes No
Chapter Statutes: 1994 F.Y.: 94/95 FUND: CWPF
DTPA-30(05/93)
FUNDING DETAIL SHEET Exhibit AA
PAGE 1 of 1
SUBGRANTEE NAME: Contra Costa County SUBGRANT NO: G500056
MODIFICATION NO: NEW
L .ALLOCATION
A. B. C. D. E.
PRIOR ADJUSTED
FUNDING SOURCE AMOUNT INCREASE DECREASE ALLOCATION
TITLE II-A: DISADVANTAGED
77% (8055) 0 1,493,743 0 1,493,773-
5%Older Workers (8105) 0 109,498 0 109,498
5%Incentive (8185) 0 0 0 0
5%Technical Assistance (8095) 0 0 0 0
5%Capacity Building(Local Option) (8335) 0 0 0 0
5%NUS Maintenance(Admin.) (8285) 0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
TOTAL TITLE II-A: 0 1,603,241 0 1,603,241
TITLE H-C: YOUTH.TRAINING
82% (8855) 0 1,064,346 0 1,064,346
5%Incentive (8895) 0 0 0 0
5%Technical Assistance (8865) 0 0 0 0
5%Capacity Building(Local Option) (8225) 0 0 0 0
5%MIS Maintenance(Admin.) (8875) 0 0 0 0
0 0 0 0
0 0 0 0
01 0 1 01 0
TOTAL TITLE II-C: 1,064,346
OTHER FUNDS: (DESCRIBE) .
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
TOTAL OTHERS: 01 0 1 01 0
GRAND TOTAL: 01 2,667,587 01 2,667,587
All references are to the Job Training Partnership Act(PL 97-300 as Amended by PL 99496)unless otherwise noted.
For modifications purposes only. All other terms and conditions of this exhibit not included herein remain unchanged.
DTPA 30A(05/93)
EXH113IT BB
Page 1 of 8
GENERAL PROVISIONS
1. Compliance-
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 MA;
2. The Family Economic Security Act(FESA), California Unemployment Insurance Code, Section 15000
et. seq.,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
TTPA.
c. This agreement 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. Certification- Except as otherwise indicated, the following certifications apply to all Subgrantees.
a. Corporate Registration-The Subgrantee, if it is a corporation, certifies it is registered with the Secretary of
State of the State 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.
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.
e. Drug-Free Workplace Certification: -By signing this subgrant/contract,the contractor or grantee hereby
certifies unter penalty of perjury under the laws of the State of California that the contractor or grantee
will comply with the requirements of the Drug-Free Workplace Act of 1990(Government Code
Section 8350 et seq.)and will provide a drug-free workplace by taking the following actions:
EXHIBIT BB
Page 2 of 8
1. Publish a statement notifying employees that unlawful manufacture,distribution,dispensation,
possession,or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations,as required by Government Code Section 8350(a).
2. Establish a Drug-Free Awareness Program as required by Governmant 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 polity of maintaining a drug-free workplace;
c. any available counseling,rehabilitation and employee assistance programs;and,
d. penalties that may be imposed upon employees for drug abuse violations.
3. Provide,as required by Government Code Section 8355(c),that every employee who
works on the proposed contract/subgrant:
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 subgrant/contract.
Failure to comply with these requirements may result in suspension of payments under the
subgrant/contract or termination of the subgrant/contract or both and the contactor or grantee may be
ineligible for award of future state subgrants/contracts if the department determines that any of the
following has occurred: (1)the false certification, or(2)violates the certification by failing to carry out the
requirements as noted above.
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 7 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 that 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 accept 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.
EXHIBIT BB
Page 3 of 8
Supplies, materials,equipment or services purchased with agreement funds will be used solely for purposes
allowed under this agreement.
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 maximum extent feasible,coordinate all programs and activities
supported.under this part with other programs under the JTPA,the Wagner-Peyser Act,Title 38 of the United
States Code, and other employment and training programs at the State and local level.
5. Fundin -
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 program.
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 witholding of funds.
d. The unit of general local government or each unit of general local government,that is a member of a
consortium described in the Family Economic Security Act(FESA) in Section 15025, that has been
designated by the Governor as a service delivery area pursuant to this chapter and the federal Job
Training Partnership Act(P.L.97-300),as amended, shall be liable to the agency designated by the Governor
pursuant to FESA Section 15050 for all funds not expended in accordance with this division, and shall
return to that agency all of those funds.
e. Funds provided under this Act shall not be used to duplicate facilities or service available in the area
(with or without reimbursement)from Federal, State, or local sources,unless it is demonstrated that
alternative services or facilities would be more effective or more likely to achieve the service delivery area's
performance goals.
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.
EXHIBIT BB
Page 4 of 8
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 Subgrantee will be addressed to:
Arthur C. Miner, Executive Director
Contra Costa County Private Industry Council
2425 Bisso Lane, Suite 100
Concord, California 94520
Telephone (510 ) 646-5239
Notices to the Subgrantor will be addressed to:
Employment Development Department
Job Training Partnership Division
P. 0. Box 826880,MIC 69
Sacramento, CA 94280-0001
8. Amendments-
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.
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.
EXHIBIT BB
Page 5 of 8
a. Subgrantee will obtain a fidelity bond in an amount of not less than n/a ,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 minimum 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 owned/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 complies 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
MD -Grants Management Unit
P. O. Box 826880,MIC 69
Sacramento, CA 94280-0001
i
2. State of California, its officers,agents, employees 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 immediate 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 DTPA activities,will be utilized in
accordance with policy and procedures established by the Subgrantor. Subgrantee will account for any such
generated income separately.
EXHIBIT BB
Page 6 of 8
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 that 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 Are(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 will establish a participant data system as
prescribed by the Subgrantor.
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. Reporting-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 complaint
procedure in compliance 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 from 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 from
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 the 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 DTPA,or its regulations.
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 system. The Subgrantee will demonstrate that its financial
accounting systems are adequate to satisfy Federal and State audit requirements per Federal Register, 20
CFR, Section 627.480,Interim Rules and Regulations, dated December 29, 1992.
EXHIBIT BB
Page 7 of 8
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. Disallowed 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 DTPA.
17. Indemnification-
a.The following provisions 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 persons 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. Labor 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.
19. Nondiscrimination Clause
a. The conduct of the parties to this agreement will be accordance with Title VI of the Civil Rights
Act of 1964, and the Rules and Regulations promulgated thereunder. In addition:
1. During the performance of this subgrant/contract, Subgrantee/Contractor and subcontractors
shall not unlawfully discriminate, harass or allow haarassment, against any employee or
appliant for employment because of sex,race, color, ancestry,religious creed, national origin,
physical disability(including HIV and AIDS),mental disability, medical condition(cancer),age
(over 40), marital status,and denial of family care leave. Subgrantees/Contractors and sub-
contractors shall insure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Subgrantee/Contractor and sub-
contrantor shall comply with the provisions of the Fair Employment and Housing Act
(Government Code, Section 12900 et seq.)and the applicable regulations promulgated there-
under(California Code of Regulations,Title 2, Section 7285.0 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing Government
Code, Section 12990(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code
of Regulations are incorporated into this subgrant/contract or its subcontractors shall give
written notice of their obligations under this clause to labor orgaiuzations with which they
have a collective bargaining or other agreement.
EXHIBIT BB
Page 8 of 8
2. This Subgrantee/Contractor shall include the nondiscrimination and compliance provisions
of this clause in all subcontracts to perform work under the subgrant/contract
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 whose officers have been convicted of fraud or misappropriation of funds within the last
two years.
21. Title II-B Additional Provisions-
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-
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 CC
PAGE 1 OF 1
REGISTRATION NO: G500055
MODIFICATION"NO: NEW
SUBGRANTEE: Contra Costa County
FUNDING SOURCE: Title II-A 77%
TERM OF THIS EXHIBIT IS FROM: 07/01/94 TO: 06/30/97
(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, 800 Capitol Mall, Sacramento, California.
.......................................................................................................................................................................................................................................
: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.
........................................................................................................................................ . .........................................................................................
JTPA 30EX(04/94)
EXHIBIT COVER SHEET
EXHIBIT DD
• PAGE 1 OF 1
REGISTRATION NO: G500055
MODIFICATION NO: NEW
SUBGRANTEE: Contra Costa County
FUNDING SOURCE: Title II-A 5%Older Workers
TERM OF THIS EXHIBIT IS FROM: 07/01/94 TO: 06/30/97
(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, 800 Capitol Mall, Sacramento, California.
_..........................................................................................................................................:..:.:........................:...............
:This exhibit adds to and does not replace the terms and conditions of any other e.Yl►ibit included in this
:agreement which terms and conditions remain in full force and effect.
....................................................................................................................................................................................................................................
JTPA 30EX(04/94)
~ EXHIBIT COVER SHEET
EXHIBIT II
PAGE 1 OF 1
REGISTRATION NO: G500055
MODIFICATION NO: NEW
SUBGRANTEE: Contra Costa County
FUNDING SOURCE: Title H-C 82%
TERM OF THIS EXHIBIT IS FROM: 07/01/94 TO: 06/30/97
(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, 800 Capitol Mall, Sacramento, California.
.......................................................................................................................................................................................................................................
: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.
:......................................................................................................................................................................................................................................
JTPA 30EX(04/94)