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HomeMy WebLinkAboutMINUTES - 06171997 - C73 TO: BOARD OF SUPERVISORS Centra - ' r'. �• FROM: Arthur-C: Miner, Executive Director " as Costa Contra Costa County Private Industry Council County DATE: r"sq '.•fir June 5, 1997 SUBJECT: Authorizing Submission of 1997/98 Title IIA/IIB/II-C Master Subgrant (County #19-8258-0) and Title III Master Subgrant (County#19-8259-0) 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 (JTPA) 1997/98 title IIA/IIB/II-C Master Subgrant (County #19-8258-0) and Title III Master Subgrant (County#19-8259-0). II. FINANCIAL IMPACT: None. One hundred percent federal funds. III. REASONS FOR RECOMMENDATIONBACKGROUND: By written instructions dated June 2, 1997, the State JTPD informed Contra Costa County that JTPA 1997/98 Title IIA/IIB/II-C Master Subgrant and Title III Master Subgrant must be executed and submitted as soon as possible. These Master Subgrants will incorporate $1,820,012 in JTPA Title II-A and II-C for Program Year 1997/98 (July 1, 1997 through June 30, 1998) and $1,687,214 in JTPA Title III for Program Year 1997/98 (July 1, 1997 through June 30, 1998). Submission of these Subgrants must also include one copy of the "Certification Regarding Lobbying" and "Certification Regarding Debarment..." signed by the Board Chair. CONTINUED ON ATTACHMENT: YES SIGNATURE: rL4d7� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER 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. ATTESTED— Contact: Bob Whatford 646-5373 PHIL YATCHELOR,CLERK OF THE BOARD OF cc: Private Industry Council SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator County Auditor-Controller JTPD/EDD (via PIC) BY DEPUTY y:\picoffice\diskette/bdorders\sub gt.doc CERTIF=KATION REGARDING LOBBY- NG _CERTIFICATION FOR CONTRACTS , GRANTS , LOANS , AND COOPERATIVE AGREEMENTS The undersigned certifies , to the best of his or her knowledge and belief , that: ( 1 ) No Federal appropriated funds have been paid or will be paid , by or on behalf of the undersigned, to any person. for influencing or attempting to influence an officer or employee of an agency , a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract , the making of any Federal grant, the making of any Federal loan , the entering into of any cooperative agreement, and the extension , continuation , renewal , amendment, or modification of any Federal contract, grant, loan , or cooperative agreement. (2 ) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract, grant , loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL , "Disclosure Form to Feport Lobbying , " in accordance with itsi instructions. ( 3 ) The undersigned s;�a 1 i require that the language of t-1--' as certification be included in the award documents for all= subawards at all tiers ( including subcontracts , subgrants and contracts under grants, loans , and cooperative agreements ) and that al subrecipients shall certify and disclose accordingly. This cerci -1-44 cation is a material representati cn of fact upon which reliance was placed when this transaction was made or entered into . Submission of this certification is a prerequisite for making cr entering into this transaction imposed by section 1352 , title Z1 , U . S . Code . Any person who fails to file the required cerci;i cat i cn shall be subject to a e v i l penalty of not i ess than $10 , 000 and not more than 6100 , 000 for each such failure . BOARD OF SUPERVISORS / CONTRA COSTA COUNTY Grantee/Contractor Organization Mark DeSaulnier, ,Board Chair Name and Title of Authorized Signatory A640 - 6/17/97 Signature Date *Note : In these instances , "All , " in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100 , 000 ( per OMB) . CERTIFICATION. REGARDING C '3 DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS Applicant Organization: STATE OF CALIFORNIA.EMPLOYMENT DEVELOPMENT DEPARTMENT This certification is required by the regulations implementing Executive Order 12549 Debarment and Suspension 29 CFR Part 98. Section 98.510. Participants' Responsibilities. The regulations were published as Part VU of they May 26, 1988 Federal Register (Pages 191601-19211). (BEFORE SIGNING CERTIFICATION READ ATTACHED INSTRUCTIONS WHICH ARE AN INTEGRAL PART OF THE CERTIFICATION) (1) The prospective primary participant, (i.e., grantee) certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or con—"act under a public transaction: violation of Federal or State antitrust statues or corn ussion of embezzlement, theft, forgery bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or other-wise criminally or civilly charged by a government entity (Federal, State, or Local) with commission of any of t.'?-Le offenses enul-nerated in paragraph (1)(b) of this certification; and (d) Have not wit idn a three-yea-7- period preceding this application/proposal had one or more public transactions (Fed eral, State, or Local) terminated for cause of default. (2) 'Khere the prospective primary participant is unable to certify to any of the staternents in this certification, such prospective participant shall attach an explanation to this proposal. SIGNATURE OF AUTHORIZED CERTIFYL\G OFFICIAL TITLE Chair, Board of Supervisors APPLICANT ORGANIZATION DATE S UB�fi'Ti ED BOARD OF SUPERVISORS / CONTRA COSTA COUNTY 6/17/97 73 19 - 8258 - 0 • JTPA SUBGRANT AGREEMENT CONTRA COSTA COUNTY REGISTRATION NO: G800164 MODIFICATION NO: NEW ISUBGRANTOR: State of California I SUBGRANTEE: CONTRA COSTA COUNTY I Employment Development Dept. 2425 BISSO LANE, SUITE 100 Job Training Partnership Div. CONCORD CA 94520-4817 P.O. Box 826880, MIC 69 i Sacramento, CA 94280-0001 i 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 above-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 (DTPA). This modification consists of this sheet and those of the following exhibits, which are attached hereto and by this reference made a part hereof: Funding Detail Chart Exhibit AA, pages 1 through 1 General Provisions and standards of Conduct Exhibit BB, pages 1 through Title III-F (III FORMULA (506/10!)) Exhibit CC, pages 1 through ALLOCATION(s): PRIOR AMOUNT: $0.00 The Subgrantor agrees to reimburse the Subgrantee INCREASE/DECREASE: $1,687,214.00 not to exceed the amount listed hereinafter "TOTAL": TOTAL: $1,687,214.00 TERMS OF AGREEMENT: Terms of Exhibits are as From 07/01/1997 to 06/30/1999 designated on each exhibit PURPOSE: To initiate the PY 97/98 Title III Master Subgrant. APPROVED FOR SUBGRANTOR (EDD) (By Signature) APPROVED FOR SUBGRANTEE (By Signature) I Name and Title Name and Title BILL BURKE I Mark DeSaulnier ACTING CHIEF I Chair JOB TRAINING PARTNERSHIP DIVISION I I hereby certify that to my knowledge, the budgeted I This Agreement does not fall within themeani g of Section funds are available for the period and-purpose of 110295 of Chapter 2 of Part 2 of Division 2 of the Public expenditures as stated herein: Contract Code of the State of California and pursuant to 58 OPS Cal. Atty. Gen. 586, is exempt from review or approval of the Dept. of General Services and the Dept. of Finance: I Signature of EDD Accounting Officer I Signature of EDD Contract Officer I Budget item: Code & Title Amount Encumbered: Federal Catalog No. / / / State t Federal k Budgetary Attachment: YES Chapter Statutes: 1997 FY: 97/98 Fund: JTPA SUBGRANT AGREEMENT FUNDING DETAIL SHEET Exhibit AA Page 1 of 1 SUBGRANTEE NAME: CONTRA COSTA COUNTY SUBGRANT NO: G800164 MODIFICATION NO: NEW I. ALLOCATION ( ( PRIOR ( ( ( ADJUSTED ( FUNDING SOURCE I AMOUNT I INCREASE I DECREASE ( ALLOCATION I I I I I I TITLE III-F: TITLE III FORMULA I I I I I I { I III FORMULA (508/10$) (515) { $0.00 ( $1,687,214.00 ( $0.00 ( $1,687,214.00 { I I I TOTAL TITLE III-F ( $0.00 I $1,687,214.00 ( $0.00 I $1,687,214.00 GRAND TOTAL: ( $0.00 ( $1,687,214.00 ( $0.00 ( $1,687,214.00 I I I I j, ,I if it ii All references are to the Job Training Partnership Act (PL 97-300 as Amended by PL 99-496) unless otherwise noted. For modifications purposes only. All other terms and conditions of this exhibit not included herein remain unchanged. DTPA SUBGRANT AGREEMENT Subgrantee: CONTRA COSTA COUNTY Exhibit BB Page 1 of 6 SUBGRANT NO: G800164 i MODIFICATION NO: NEW 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 JTPA; 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 JTPA. 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: 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 policy 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 t DTPA SUBGRANT AGREEMENT Subgrantee: CONTRA COSTA COUNTY Exhibit BB Page 2 of 6 SUBGRANT NO: G800164 MODIFICATION NO: NEW 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 - 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. 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 3 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. Funding - 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 i JTPA SUBGRANT AGREEMENT Subgrantee: CONTRA COSTA COUNTY Exhibit BB Page 3 of 6 SUBGRANT NO: G800164 MODIFICATION NO: NEW termination of this agreement, Subgrantee will immediately return such tools and/or equipment to the j 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. 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 DTPA 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: r Arthur C_ Miner, Executive Dir ctor Contra Costa County Private Industry Council 2425 Bisso Lane, Suite 100 Concord, California 94520 Telephone (510 ) 646-53$2 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 S. 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. 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. JTPA SUBGRANT AGREEMENT Subgrantee: CONTRA COSTA COUNTY Exhibit BB Page 4 of 6 SUBGRANT NO: G800164 MODIFICATION NO: NEW 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 JTPD - Financial Management Unit P. 0. Box 826880, MIC 69 Sacramento, CA 94280-0001 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. I. 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 Subgrantor. Subgrantee will account for any such generated income separately. e. Subgrantee shall not be required to maintain a separate bank account but shall separately account for JTPA funds on deposit. All funding under this agreement, will be made by check or wire transfer payable to the Subgrantee for deposit in Subgrantee's bank account or city and county governmental bank accounts. To provide for the necessary and proper internal controls, funds should be withdrawn and disbursed by no less that two representatives of the Subgrantee. The Subgrantor will have a lien upon any balance of JTPA funds in these 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 DTPA SUBGRANT AGREEMENT Subgrantee: CONTRA COSTA COUNTY Exhibit BB Page 5 of 6 SUBGRANT NO: G800164 MODIFICATION NO: NEW 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 JTPA, 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, Final Rules, dated September 2, 1994. 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 JTPA 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 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 JTPA SUBGRANT AGREEMENT Subgrantee: CONTRA COSTA COUNTY Exhibit BB Page 6 of 6 SUBGRANT NO: G800164 MODIFICATION NO: NEW written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 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 EXMIT CC PAGE 1 OF 1 REGISTRATION NO: G800164 MODIFICATION NO: 0 SUBGRANTEE: Contra Costa County FUNDING SOURCE: Title 11150%Formula Funds (515) TERM OF THESE FUNDS : 07/01/97 TO: 06/30/99 Use of funds added by this modification is limited to this period and additionally limited by the recapture provisions applicable to this funding source. The state may at its discretion recapture funds obligated under this exhibit,if expenditure plans are not being met. PROGRAM NARRATIVE TITLE 111 50%FORMULA FUNDS INITIAL ALLOCATION,PY 97/98 This allocation of$1,687,214 in Title I1150%Formula funds intiates the PY 97/98 Title III Master Subgrant. 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(11/96) j DTPA- SUBGRANT AGREEMENT 19 -- 8257 - 0 MOM OF SDA: Contra Costa County REGISTRATION NO: G800254 MODIFICATION NO: NEW G- i" -9 II C .73' 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 grant Agreement is entered into by and between the State of Cahforma,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(DTPA). 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 11 X Title II-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%Capacity Buildingd-ocal Option(SALT) Exhibit FF,pages through Title II-A 5%Capacity BuildinglTechnical Assistance Exhibit GG,pages through Title II-A 5%MIS Maintenance(Admin.) Exhibit HH,pages through X Title II-C 82% Exhibit II,pages 1 through 1 Title II B Exhibit JJ,pages through Other ALLOCATION(s): PRIOR AMOUNT: 0 The Subgrantor agrees to reimburse the Subgrantee INCREASE/DECREASE: 1,820,012 not to exceed the amount listed herein after"TOTAL": TOTAL: 1,820,012 TERM OF AGREEMENT: Terms of Exhibits CC-JJ are as designated on each exhibit. Front 07/01/97 To 06/30/2000 To initiate the 1997/98 Title -A,11-B an r Subgrant. APPROVED FOR SUBGRANTOR (EDD) (By Signature) APPROVED FOR SUBGRANTEE (By Signature) available for the period and purpose of expenditures as stated Name and Title BILL BURSE,Acting Chief Mark DeSaulnier, Chair/Board of Supervisor; JOB TRAINING PARTNERSHIP DIVISION 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 dt Title Amount Encumbered S Federal Catalog No.: 17250/17246 State % Federal: 100 % Budgetary Attachment: Yes No Chapter Statutes: 1995 F.Y.: 95/96 FUND: CWPF IPPA-30(05/93) FUNDING DETAIL SHEET Exhibit AA PAGE 1 of 1 SUBGRANTEE NAME: Contra Costa County SUBGRANT NO: G800254 MODIFICATION NO: NEW ALLOCATION A. B. C. D. E. PRIOR ADJUSTED FUNDING SOURCE AMOUNT INCREASE DECREASE ALLOCATION TITLE 11-A DISADVANTAGED (8058)77% (220) 0 1,486,329 0 1,486,329 (8108)5%Older Workers (230) 0 110,743 0 110,743 (8188)5%Incentive (110) 0 0 0 0 (8098)Technical Assistance (115) 0 0 0 0 (8338)5%Capacity Bldg. (SALT) (130) 0 0 0 0 (8288)5%MIS Maintenance(Admin.) (155) 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL TITLE H-A: 0 1,597,072 0 1,597,072 TITLEH-C: YOUTH TRAINING (8858)82% (270) 0 222,940 0 222,940 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 TITLE H-C: 01 222,940 1 01 222,94 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 TOTAL OTHERS: 0 GRAND TOTAL: 01 1,820,012 1 Ul All references are to the Job Training Partnership Act(PL 97-300 as Amended by PL 99-496)unless otherwise noted For modifications purposes only. All other terms and conditions of this exhibit not included herein remain unchanged. DTPA 30A(05/95) EXHIBIT BB Page 1 of 11 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 DTPA; 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 DTPA. 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 Sub-grantor 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 EXHIBIT BB Page 2 of 11 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 under 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: 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 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, 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 contractor 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. EXHIBIT BB Page 3 of 11 b. Emplovment 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 that two years following the termination of such employment. c. Conductine Business Involvine 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. 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. Funding - 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. EXHIBIT BB Page 4 of 11 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. 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 5 of I I 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 ) 646-51,92 Notices to the Subgrantor will be addressed to: Employment Development Department Job Training Partnership Division P. O. 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. EXHIBIT BB Page 6 of I i 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 coverage 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 N/A prior to the receipt of funds under this agreement. If the bond is canceled or reduced, Subgrantee will immediately so notify the Subgrantor. In the event the bond is canceled 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 canceled or changed unless 30 days prior to the effective date of cancellation or change written notice is sent by the Subgrantee to: EXHIBIT BB Page 7 of 11 Employment Development Department JTPD -Financial Management Unit P. O. Box 826880, MIC 69 Sacramento, CA 94280-0001 2. State of California, its officers, agents, employees and servants are included as additional insured, 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. Accountine and Cash Management- a. Subgrantee will comply with controls,record keeping and fund accounting procedure requirements of DTPA, 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 JTPA activities, will be utilized in accordance with policy and procedures established by the Subgrantor. Subgrantee will account for any such generated income separately. e. Subgrantee shall not be required to maintain a separate bank account but shall separately account for JTPA funds on deposit. All funding under this agreement, will be made by check or wire transfer payable to the Subgrantee for deposit in Subgrantee's bank account or city and county governmental bank accounts. To provide for the necessary and proper internal controls, funds should be withdrawn and disbursed by no less that two representatives of the Subgrantee. The Subgrantor will have a lien upon any balance of DTPA funds in these 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. EXHIBIT BB Page 8 of 11 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 close-out information by the specified dates as prescribed by the Subgrantor. 13. Grievance and Complaint Svstem- Subgrantee will establish and maintain a grievance and complaint procedure in compliance with JTPA, 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. EXHIBIT BB Page 9 of 11 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, Final Rules, dated September 2, 1994. 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 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 persons or property arising out of or resulting from acts or omissions of the indemnifying Pte'• 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, fumishing 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: EXHIBIT BB Page 10 of 11 1. During the performance of this subgrant/contract,Subgrantee/Contractor and subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant 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-contractor 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 organizations with which they have a collective bargaining or other agreement. 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 U-B Additional Provisions - Programs under Title H-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. EXHIBIT BB Page 11 of 11 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 E3GMrr CC PAGE 1 OF 1 REGISTRATION NO: G800254 MODIFICATION NO: NEW SUBGRANTEE: Contra Costa County FUNDING SOURCE: Title II-A 77% CODE: 220 TERM_ OF THESE FUNDS: _ 07/01/97 TO: 06/30/2000 :Use of funds added by this modification is limited to this period and additionally limited by the recapture ;provisions applicable to this funding source. PROGRAM NARRATIVE The Subgrantee will operate this program in accordance with the approved Job Training Plan on file in the Job Training Partnership Division of the Employment Development Department,800 Capitol Mall,MIC 69, Sacramento, Calilfornia. :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(11/96) EXHIBIT COVER SHEET EX [BTT DD PAGE 1 OF 1 REGISTRATION NO: G800254 MODIFICATION NO: NEW SUBGRANTEE: Contra Costa County FUNDING SOURCE: Title II-A 5%Older Workers CODE: 230 TERM OF_T_HESE_FUNDS: _07/01/97 TO: 06/30/2000 _ €Use of funds added by this modification is limited to this period and additionally limited by the recapture 'provisions applicable to this funding source. PROGRAM NARRATIVE The Subgrantee will operate this program in accordance with the approved Job Training Plan on file in the Job Training Partnership Division of the Employment Development Department,800 Capitol Mall,MIC 69, Sacramento, Calilfornia. :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 --- ----- -w__-_. JTPA 30EX(11/96) EXHIBIT COVER SHEET EXHIBIT H PAGE 1 OF 1 REGISTRATION NO: G800254 MODIFICATION NO: NEW SUBGRANTEE: Contra Costa County FUNDING SOURCE: Title 11-C 82% CODE: 270 TERM OF THESE FUNDS: 07/01/97 TO: 06/30/2000 jUse of funds added by this modification is limited to this period and additionally limited by the recapture ;provisions applicable to this funding source. '• PROGRAM NARRATIVE The Subgrantee will operate this program in accordance with the approved Job Training Plan on file in the Job Training Partnership Division of the Employment Development Department, 800 Capitol Mall,NEC 69, Sacramento, Calilfornia. :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. MA 30EX(11/96)