HomeMy WebLinkAboutMINUTES - 06231998 - C60-C64 TO: BOARD OF SUPERVISORS
FROM: TONY COL6N, DIRECTOR
COMMUNITY SERVICES DEPARTMENT
DATE. June 23, 1998
SUBJECT' AUTHORIZATION TO SUBMIT HEAD START GRANT APPLICATION.
SPECIFIC REQUEST(S)OR RECOMME MATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Community Services Director or designee to submit a funding request to
the U.S. Department of Health and Human Services, Administration for Children and Families in the
amount of $7,500 for costs associated with attending the Johnson and Johnson Management Fellows
Program.
II. FINANCIAL IMPACT:
If this grant application is approved by the U.S. Department of Health and Human Services, Administration
for Children and Families (ACF), the funding will be added via appropriation adjustment to the current
Head Start Budget. County, as the Grantee, is required to generate a 20% non-federal in the amount
$1,875.
III. CHILDREN'S IMPACT STATEMENT:
The Community Services Department Head Start Program supports two of Contra Costa County's
community outcomes: "Children Ready for and Succeeding in School" and "Families that are Safe, Stable
and Nurturing." These outcomes are achieved by offering comprehensive services, including high quality
early childhood education, nutrition, health, and social services, along with a strong parent involvement
focus, to low-income children throughout Contra Costa County. The overall goal of the program is to bring
about a greater degree of social competence in preschool children from low-income families.
IV. REASONS FOR RECOMMENDATIONSfBACKGROUND:
The Johnson and Johnson Management Fellows Program is a prestigious, highlycompetitive program for
Head Start program directors. Ms. Mickey Williams, Executive Director of First Baptist Church, a Contra
Costa County's Head Start Delegate Agency, has been recognized and accepted to the program. Because
the County is the Head Start Grantee, any funding request to the ACF for costs',associated with attending
CONTINUED ON this rHl eam mum come directly from the County, ra&A,*from theP40egate A geTTA
nc
RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
APPROVE -OTHER
SIGNATUREL'iLy"4 /
ACTION OF BOARD ON ♦J U}• t APPROVED AS RECOMMENDED_g�f OTHER
VOTE OF SUPERVISORS
I HEREBY CERFTTY 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.
JUN 2 3 1998
CONTACT: TONY COL6N,313-7350 ATTESTED
PHIL BATCHELOR,CLERK OF THE HOARD OF
cc: CAO SUPERVISORS AND COUNTY ADMINISTRATOR
CSD
n R .•-
��"
BY ' ��t t DEPUTY
M382 (10188)
TO: BOARD OF SUPERVISORS ,
FROM: William Walker, M.D. , Health Services Director
�`� Contra
By: Ginger Marieiro, Contracts Administrator Costa
DATE: Jure 11, 1998 County
SUBJECT:
Approval of Standard Agreement #29-208-59 with the State Department of Health
n Agaistance Pro ram
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKOROUND AND JUSTIFICATION
499QXMIMED ACTIt}PT:
Approve and authorize the Health Services Director, or his designee (Wendel Brunner,
M.D. ) , to execute on behalf of the County, Standard Agreement' #29-208-59 (State #98�-
14669) , with the State Department of Health Services, in the amount of $457,449, for
the period from July 1, 1998 through ,lune 30, 1999, for continuation of the
Immunization Assistance Program.
FIS AL IMPACT
Approval of this agreement by the State Department of Health Services will result in
$457,449, for the period from July 1, 1998 through June 30, 1995, for continuation
of the Immunization Assistance Program. No County funds are required.
It A3t3N8 0,R R#l�OWL IMA3Zt1NSIB
On June 16, 1998, the Board of Supervisors approved submission of Funding Application
#29.208-58, to the State Department of Health Services, for continuation of the long-
standing Immunization Assistance Program. Standard Agreement #29-208-59 is the
result of that application and provides funding to continue services through June 30,
1999.
The County I s Immunization Program makes immunizations available to all persons in need
of such service in order to prevent the occurrence and transmission of childhood
diseases; and under the terms of this Contract, the State provides free vaccine to
the County. The Program monitors the compliance of preschools, elementary schools,
and secondary schools in meeting State-mandated immunization requirements through
inservice programs and limited technical assistance. An adverse reaction monitoring
system and outbreak control team are also included in the Program.
Four certified and sealed copies of this Board order should be returned to the;
Contracts and Grants Unit for submission to the State.
CONJINUED QN AIINMNT: SI N,TUBE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE _QTHER
SJ MUM= /1V1,Z1Z,261 1A41-11
ACTION OF BOARD ON JUN 2 3 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRITE
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.
JINN 2 2 1998
ATTESTED
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Pemon:
�i Wendel Brunner, M.D. (313.6712)
Health Services (Contracts)
State Dept of Health Services BY DEPUTY
017
TO: BOARD OF SUPERVISORS C.R= 4,'
FROMt William Walker, M.D. , Health Services Director r
By: Ginger Marieiro, Contracts Administrator `' Contra
Costa
DATE: June 11, 1995 County
SUBJECT: Approval of Standard Agreement (Amendment) #29-772 -4 with the
State Department of Health Services
!SPECIFIC REQUEST(S) OR'RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I . RECC7MMEN ZD-- ACTIAX+I
Approve and authorize the Health Services Director, or his
designee (Milt Camhi) , to execute on behalf of the County,'
Standard Agreement (Amendment) ##29-772-4 with the State Department'
of Health Services (DOHS) , effective April 1, 1998, for the Medi
Cal Local Initiative Health Plan.
I I . FINA'RMAL IMPACT:
This Amendment will increase State funding by $10, 455, 030, to a'
new total of $48,491, 110 for fiscal year 1997-98 .
III . REASONS FOR RRC0MM�AT Q1dSZBACRCR0V-
On November 19, 1996, the, Beard of Supervisors approved. Standard'
Agreement #29-772 (as amended by Standard [Amendment] ' Agreements'
#29-772-1, #29-772-2 and ##29-772-3 which was approved by the Board.'
on February 10, 1998) with the State of California for the Medi-
Cal Local Initiative Health Plan. The State has not approved the
forwarded' amendment #29-772-3, but had replaced it with this
amendment #29-772-4, which provides continuous funding through'
June 30, 2002, and increases the amount for the >current fiscal'
year.
Approval of Standard Agreement (Amendment) 29-772-4 will encumber'
an additional $10,455, 030 of State funds for this program for FY'
1997-98 .
Four` certified/sealed copies of this Board Order should be»
returned to the Contracts and Grants Unit for submission to the
State.
CONTINUED ON A*TACHMENT9 YES SIGNATtJR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMIENDATIOW OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED � .. OTHER �.
VOTE OF SUPERVISORS
i
UNANIMOUS (ASSENT ) I HERESY CERTIFY THAT THIS IS A TRUE
AYES: _ NOESi AND CORRECT COPY OF AN ACTION TAKEN
ASSENT: ABSTAIN: _- AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Milt c�t� (313-6004) OF
2 198
CC: Health Services (Contracts) ATTESTED
State DOUS Phil Batchelor, Clerk aI the Board of
5�Ip�nll Iu�Id Cl��rAdm�lixttatac
M382/7-83
�_ DEPUTY
TO: BOARD OF SUPERN ISORS
Cwtra
/ r�
FROM: Costa
Arthur C. Miner,Executive Director ��
Contra Costa County Private Industry Council
BATE:
June 8, 1998
SUBJECT:
Authorizing Submission of 1998/99 Title IIA/IIB/1I-C Master Subgrant (County #19-8265-0) and
Title III Master Subgrant (County#19-8267-0)
SPECIFIC REQUEST(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) 1998/99 title IIA/1IB/11-C Master Subgrant (County #19-8265-0) and Title III
Master Subgrant(County#19-8267-0).
II. FINANCIAL IMPACT:
None, one hundred percent federal funds.
III. CHILDREN IMPACT STATEMENT:
This contract is to provide vocational training to appropriate JTPA eligible participants.
This will support the third outcome—Families that are economically self sufficient.
IV. REASONS FOR RECOMMENDATION:
By written instructions dated June 1, 1998,the State JTPD informed', Contra Costa County
that JTPA 1998/99 Title IIA/1IB/1I-C Master Subgrant and Title IIIMaster Subgrant must
be executed and submitted as soon as possible.
These Master Subgrants will incorporate $1,663,755 in JTPA Title I1-A and II-C for
Program Year 1998/99 (July 1, 1998 through June 30, 1999) and $1,574,398 in JTPA Title
III for Program Year 1998/99(July 1, 1998 through June 30, 1999).
Submission of these Subgrants must also include one copy f the "Certification Regarding
Lobbyinf"and"Certification Regarding Debarm .ent..." by the oar
CONTINUED ON ATTACHMENT; ES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
_
`
CERT1EJCA-r3:QN REGARDING LOBBYING
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 shat 1 complete .and
submit Standard Fora--LLL , "disclosure Form to Report Lobbying, " in
accordance with its instructions.
(3) The undersigned shall. require that the language of this
certification be i ncl uded in the award documents for all' subawards
at all tiers ( including subcontracts , subgrants and contracts under
grants; loans, and cooperative agreements) and that all'
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 13-62 , title 31 ,
U:S . Code . Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10, 000 and
not more than. $100., 000 for each such failure .
Contra Coy _a Cnunty Board of qi1pPrxri cznrc -
Grantee/Contractor Organization
Jin, Rogers. Chair/Board of S1Meryjso s
Name and Title of Authorized Signatory
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) .
DTPA suBGRANT AGREEMENT 19 - 8 - - p
CONTRA COSTA COUNTY REGISTRATION NO: M164
MODIFICATION NO: NEW
SWGRANTOR: State of California SUBGRANTEE: CONTRA COSTA COUNTY
Eaiploy"nt Development Wept. 2425 BISSO LANE, SUITE 100
Joobb Training Partnership Civ. CONCORD , CA 94520-4817
P.O. Sox $26880. MIC 69
Sacrswssnto, 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. Yb* Subgrantee, agrees
to operate a program in accordance with the provisions of this Subgrant and anapproved Jab Training plan for the
above-Hamad SDA and, applicable an approved Employ*wnt and Training Plan for Diapleced Yorkers 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 De#ail Chart Exhibit AA, pai}es 1 through 1
General Provisions and standards of Conduct Exhibit BB, ps�es 1 throe 8
Title III-F (111 FORMULA (50%/10X)) Exhibit CC, pages 1 through
LL s): RIN AMOUNT: 0.65
The Subgrantor agrees to reimburse the Subgrantee INCREASE/DECREASE: *1,574,398.00
not to exceed the amount listed hereinafter "TOTAL": TOTAL: S1,574,398.00
TEWRS 15F Fi T: Terms Qf E-WISIts are as
From 07/01/1998 to 06/30/2000 designated on each exhibit
MOM To MOM The PY 987V9 TItte III Water Subgrant, a 111,574,398 n Crmu a
funds.
P (ED55 ( y rilnature) ( y ignature
T.
Name a Title Nam and itlt
BILI. BURKE Jim gees, it
ASSISTANT DEPUTY DIRECTOR
JOB TRAINING PARTNERSHIP DIVISION Contra Costa County Board of Supervisors
hereby certify that to my Knowledge, t o et o XBreements not Tell witFin Re mean ng of NORM
funds are available for the period and purpose of 10295 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 exampt from review or approval
of the Dept. of General Services and the Dept. of Finance:
Signature of EDO Iccounfing cer Signature o ontriM 0111cer
Budget item: Code 8 Title Amount Encurbered:
Federal Cstalo# No. 1 / / Stat* rai % Budgetary Attsc mala: YE
Chapter Statutes: 1998 FY: 98/99 Fund:
JTPA SUB&RANT AGREEMENT
FUNDING DETAIL SHEET Exhibit AA
Page 1 of 1
SUBGRANTEE NAME. CONTRA COSTA COUNTY SUBGRANT NO: 0900164
MODIFICATION NO: NEW
I. ALLOCATION
IUSTID
FUNDING SOURCE AMOUNT INCREASE DECREASE ALLOCATION
TITLE111-F. TITLE 1117WEA
I I RMLA (MIN) 15M S0.00 ,5n,398.
TOTAL TITLE I -F 95. 31,5 , .
ZKXWDAL« , , ,
313.00
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 teres and conditions of this exhibit not included herein remain unchanged.
DTPA SUSGRANT AGREEMENT
Subgrantee: CONTRA COSTA COUNTY Exhibit 88
Page 1 of 6
SUBGRANT NO: 0400164
MODIFICATION NO: NEW
GENERAL. PROVISIONS
1. Compliance -
a. in performance of this sgrsament, Subgrantee will fully comply with:
1. The provisions of the DTPA and sit 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 (FtSA), California Unemployment Insurance Code, Section 15000
at. seq., to the extent permitted by federal taw; sit State regulations and Governor's policies, directives
and procedures issued pursuant to FESA; and legislation, regulation, policy and/or procedures which my
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 5ubgrantor and the Subgrantee.
2. Certification - Except as otherwise indicated, the fottowing 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 unappeatabte 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 Subgrentee 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
(001.) 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.
a. Drug-Free Workplace Certification: - By signing this subgrent/contract, the contractor or grantee hereby
certifies unter penatty of perjury under the taws 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 at 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(x).
2. Establish a Drug-Free Awareness Program as required by Government Code Section
8355(b) to inform emptoyees 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 program; 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/subgrent:
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 subgrent/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 subgrents/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
Subgrantee: CONTRA COSTA COUNTY DTPA SUBGRANT AGREEMENT Exhibit BB
Pape 2 of b
SUBGRANT NO: G900164
MODIFICATION NO: NEW
requirements as noted above.
3. Standards of conduct - The following standards qty to sit Subgrantees.
a. General Assurance- Every reasonable course of action wilt be taken by the Subgrantee in order to maintain
the integrity of this expenditure of public fund and to avoid favoritism and questionable or improper
conduct. This agreement mitt be administered in an impartial peeler, fres from efforts to gain personal,
financiat or potiticat gain. The Subgrantee, its executive staff and employees in administoring this
agreement, mitt 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 mitt 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
poticy regarding or implementation of programs covered by this agreement, wilt 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, wilt receive favorable treatment when considered for enrollment in programs
provided by, or employment with, the Subgrantee.
d. Conducting Business Involving Close Personst Friends and Associates - Executives and employees of the
Subgrantee wilt be particularly aware of the varying degrees of influence that can be exerted by personal
d
frienand 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
Cecil (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, wilt not solicit or accept moray 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, motorists, equipment or services purchased with agreement funds wilt 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 mitt to the maximum extent feasible, coordinate all programs olid activities
supported. under this part witA other programs under the DTPA, the Wagner-Peyser Act, Title 38 of the United
States Code, and other employment and training programs at the State and local level.
S. 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 mitt be immediately remitted to the Subgrantor.
c. The Subgrentor retsina 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 Subgrantso is given prompt notice
and the opportunity for s 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 withotding of funds.
d. The unit of generat tocat government or each unit of gonerat local government that is a mentor 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.t.47-300), as amended, shalt be liable to the agency designated by the Governor
pursuant to €ESA Section 15050 for &It funds not expended in accordance with this division, and shalt
return to that agency all of those funds.
e. funds provided under this Act shatt not be used to duplicate facilities or service available in the area
(with or without reimbursement) frac 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 arets's
performance goals.
6. Property - ALL property, finished or unfinished documents, data, studies and reports prepared or purchased by
the Subgrantee under tats agreement, will be disposed of in accordance with the direction of the Suborantor. In
addition, y toots and/or equipment furnished to the Subgrantee try 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
DTPA VAGRANT AGREEMENT
Subgrantee: CONTRA COSTA COUNTY Exhibit BB
Page 3 of b
SUBGRANT NO: 4900164
MODIFICATION NO: NEV
termination of this agreement, Subgrantee mitt immediately return such tools and/or oquipment 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 Subgrontar or the Subgrentea stay request a termination for
convenience. The Subgrantoe mill give a ninety (90) eslerdar-day advance notice in writing to the
Suberentor.
2. Termination for Cause - The Subgrontor awry terminate this agreement in mhote or In rt when it has
determined that the Subgrantee has substantia#ty violated a specific provision of the DTPA or Regulations
and corrective action has not been taken.
b. The Subgrentor 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 parsons#ly or by deposit in the U. S. Mail,
postage prepaid, "Certified Mail-Return Receipt Requested", and wi#t 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 wilt be addressed to:
&tbIX C. M�inpr,. .Fr?nciiti3Zp. Dirprtnr
2A25 -Ri S sn Tone s.�&I l.C.E 30.0
Concord, CA 94520
Telephone t 9251.646- 382
Notices to the Subgrantor milt be addressed to:
Emptoyment Development Department
Job Training Partnership Division
P. 0. Box 926880 NIC 69
Sacramento, CA 44280-0001
8. Amendments .
This agreement sorry 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 Suberentee, the subgrentor has determined that funds will not be
spent in a timety manner, and such funds art for that reason to the extent permitted by and in a awuxwer
consistent with State and federal taw, regulations and policies, reverting to the Subgrantor.
d. There is a change in state and federal taw or regulation requiring a change in the provisions of this
Subgront.
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 govarnmantat entities, Subgrsntees merit provide the Subgrantor
evidence of the coversges specified in a, b, c and d below. The evidence of coverage shalt include the
registration number of the subgront agreenent for identification purposes.
o. Subgrentte mitt obtain a fidelity bond in an smount of not less thanNIA Prior to the receipt
of funds under this agreement. If the bond is conceited or reduced, rantse ms immediately so notify
the Suberantor. in the event the bond is conceited or revised, the Subgrantor will Make no further
disbursements until it is assured that adequate coverage has been obtained.
b. Subgrantee mitt provide generot liability insurance with a combined limit of $500 000 or public tiabitity
coverage for SSOO,000 and property damage coverage for S1O0,000. Regardless of t4* type of coverage
secured, a minima aggregate of 5500,000 for public Liability and for property damage is required.
Subgrantee: CONTRA COSTA COUNTY JTPA SUBGRANT AGREEMENT
Exhibit BB
Page 4of 6
SUBGRANT NO: 6900164
MODIFICATION NO: NEW
C. Subgrantee wilt provide broad form automobile liability coverage with limits as set forth in (b) above, which
applies to both owned/tossed and non-owned automobiles used by the Subgrantee or its agents in
performance of this agreement, or, in the event that the Subgrantee weft not utilize owned/teased
automobitas 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 setf-certificaton of automobile insurance coverage.
d. Subgrantee wilt provide Worker's Compensation Insurance which compties with provisions of the
California labor Code, covering sit employees of the S;60ranteye and all participants enrolled in work
experience programa. Medical and Accident Insurance wilt be carried for those participants not qualifying as
employee (section 3350, st seq. of the California labor Code) for Worker's Compensation.
e. The Subgrantor wilt be named as "Certificate Holder" of policies secured in compliance with paragraphs a-d
above and wilt 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 wilt 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 8268BO, 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 wilt 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, wilt be utilized in
accordance with policy and procedures established by the Subgrantor. Subgrantee wilt account for any such
generated income separately.
e. Subgrantee shalt not be required to maintain a separate bank account but shall separately account
for JTPA funds on deposit. Alt funding under this agreement, wilt 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 Subgrentor wilt have a tien upon
any balance of JTPA funds in these account which wilt take priority over all other liens or claims.
f. For non-Service Delivery Are (SDA) Subgrentees, failure to adhere to the reporting requirements in item 12
of this agreement wilt 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 wilt 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 and of three years, there is litigation or an audit involving those
records, the Subgrantee wilt 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, wilt have access to and right to
examine, monitor and audit all records, documents, conditions and activities related to program funded by
this agreement. Subgrentee's performance under the terms and conditions herein specified wilt 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 wilt establish and maintain a grievance and complaint
,
Subgrantee: CONTRA COSTA COUNTY 3TPA SIIBGRANT AGREEitENF Exhibit Be
Pago 5 of 6
SIIBGRANF NO. 0900164
MODIFICATION NO. NEW
procedure in compliance with DTPA, Federal Regulations and State statues, regulations and policy.
14. Conf t i cts -
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
disputa may be submitted to non-binding arbitration upon the consent of both the Subgranter and the
Subgrantee. An erection for arbitration pursuant to this provision wilt not preclude either party from
pursuing any remedy for relief otherwise available.
15. Audits -
a. The subgrantee wilt 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 sudits of the Subgrantee or its sub-contracting
service providers will immediately report to the Subgranter any incidents of fraud, abuse or other criminal
activity in rotation to this agreement, the DTPA, or its regulations.
c. Before any funds are issued under this agreement the Subgrantee will submit, to the Subgranter the findings
of the most recent;audit of its financial system. The Subgrantoo will demonstrate that its financial
accounting system aro sdequate 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 Subgrantoo will repay disallowed expenditures with non-foderat funds.
16. Disallowed Costs - Except to the extent that State legislation permits or will permit the Subgrontor to assume
liability, the Subgrantee will be liable for and will repay, to the Subgrentor, 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-Federat), other then 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 895.6 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
Subgranter, its officers, agents and employees from any and all claims and tosses 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 tosses 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 - Subgrantoo will consult with the appropriate labor organizations and/or employer
representatives in the design, operation or modification of the program under this agreawt.
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, Subgrentee/ Contractor and subcontractors
shalt not unlawfully discriminate harass or allow haeresamant, against any employee or
a�pliont for anmptoyment 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, amid denial of fealty care leave. Subgrantees/Contractors and sub-
contractors shalt Insure that the evaluation and treatment of their employees and opplicants for
employment are free from such discrimination and harassment. Subgrantee/Contractor and sub-
contrantor shalt comply with the provisions of the Fair Employment and Housing Act
(Government Code, Section 12900 at seq.) and the applicable regulations promulgated there-
under (California Code of Regulations, Title 2, Section 7285.0 at seq.). The applicable
regulations of the Fair Employment and Housing Commission immplomenting GoverrWont
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 subgrent/contract or its subcontractors shall give
,
subgrantee: CONTRA COSTA COLINTY DTPA SUSGRANT AGREEMENT Exhibit as
Page 6 of o
SWORANT NO: CM164
MODIFICATION NO: NEW
written notice of their obligations under this cteuse to tabor organizations with which they
have a collective bargaining or other agreement.
2. This subgrantee/Contractor shalt include the nondiscrimination and empiiance 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 wilt be perforrood by other than by the
subgrantoo wilt be evidenced by a written agreement specifying the terns and conditions of such
performance.
b. The Subgrantee wilt maintain and adhere to an appropriate system, consistent with federal, state and local
taw, for the award and monitoring of contracts Whioh contain acceptable standards for insuring
accountability.
C. The system for awarding contracts mitt contain safeguards to insure that the Subgrantae does not contract
with any entity whose officers have been convicted of fraud or misappropriation of funds within the Last
two years.
21. Confidantistity Requirements -
The EDD provides to the AQW4
� to Cb (Subgrantee) information pursuant to this agreement.
Information resources inc a stn arms nos and"app"H estion !program) fit" and databases. The EDD data
(information) is confidential, when it identifies an €rxtividuaI or an employing unit. Confidentiot information
is not open to the public and require special precautions to protect it from loss, unauthorized use, access,
disclosure, modification, and destruction. The Subrecipient agrees to:
a. Keep sit information furnished by EDD in the strictest confidence, and
makes the information available to its own employees only on a "need-to-
know" basis as specifically authorized in this agreement. instruct sit
employees with access to EDD information regsrding the confidential nature
of the information and the sanctions against unauthorized use or
Section 502, and the California Unemployment Insurance Code Section 2111.
Store and process information in electronic format, in such s way that
unauthorized persons cannot retrieve the information by means of computer,
remote terminal, or other moans. Return the EDD confidential information
promptly or destroy ett copies or derivations of the confidential
information when its use ends, utilizing on approved method of confidential
destruction: shredding, burning, or certified or witnessed destruction.
Magnetic media are to be degaussed or returned to EDD.
b. Ensure alt Subgrantee staff requesting or receiving EDO's information
date and sign an EOD Confidentiality Statement. if the Subgrantee enters
into an agreement with a subcontractor/service provider to provide 1TPA
services, the Subgrantee agrees to data security and confidentiality
provisions in the agreement with the subcontractor/service provider. In no
event shalt said information be disclosed to any individual outside of the
Subgrantee authorized staff, subcontractors)/service provider(s) ardlor
their employees.
22. Title ti-s Additional Provisions -
Pros am under Tit(* ti-s shalt be conducted during the summer months, except that an SOA may, within the
jurnsdictfan of any local educational agency that operates its school* on a year-round, full-time basis, offer the
programs under this part to participants during a vacation period treated as the equivatant of s summor
vacationappropriate ad ustmtmt to the Job Training plan mitt be required for an SDA having year-round
school within its jurisdiction.
23. 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.
_.. . ._..__... .._...... ......... ......._. . _.. ... _.....
. _.. ....... ........... ....................................... ......... ..._... .. ......... ...._....
............................
to
JTTPA- MGRANT AGREEMENT 1 — 8260 ..
NAME OF SDA: Contra Costa County REGISTRATION NO: G900105
MODIFICATION NO: NEW
SUBGRANTOR: State of MRornia SUB RANTEE: Board of Supervisors
Employment Development Department Contra;Costa County
Job Training Partnership Office 2425 Bisso Lata,Suite 140
P.O.Box 826880,MIC 69 Concord,CA 94520
Sacramento, CA 94280-0001 GOVERNMENTAL ENTITY: 'YTS
Tf R Subgrant Agreement is en into By B3 between 0 State of caubmia,Employment Development Departmem e-
5ubgraiitor,and the Contra Costa County ,hereinafper the Subgrantac The Subgrantee agrees to operate a
Program in accordance with the provisions of this Subgrant and an approved Job Training Plan for the aboved-lamed SDA and,as
applicable,an approved Employment and Training Plan for Displaced Workers filed with the Subgrantor pursuant to the Job Training
Partnership Act(JTPA). This Modification consists of this sheet and those of the following exhibits as designated with an*X6,which
are attached hereto and by this reference made a part hereof:
X Funding Detail Chart Exhibit A.A.pages 1 through 1
X General Provisions and Standard of Conduct Exhibit BB,pages 1 through I 1
X Title II-A 77% Exhibit CC,pages 1 through 1
X Title II-A 5%Older Workers Exhibit DD,pages I through 1
Title II-A 5%Incentive Exhibit EE,pages through
Title H-A 5%Capacity Buildingd oeal Option(SALT) Exhibit FF,pages through
Title 11-A 5%Capacity Building/Technical Assistance Exhibit GG,pages through
Title H-A 5%MIS Maintenance(Admin.) Exhibit HK,pages through
X Title II-C 82% Exhibit Il,pages I through 1
Title U-B Exhibit JJ,pages through
Other
ALLOCATION(s): PRIOR A-MUUNT: 0
The Suubgrantor agrees to reimburse the Subgrantee INCREASE/DECREASE: 1,663,755
not to exceed the amount listed herein after"TOTAL": TOTAL: 1,663,755
TERM OF AGREEMENT: Terms of Exhibits CC-JJ are as designated on each exhibit.
From 07/01/98 To 06/3012041
PUIVOSE To-initiate a 19909 Title -K,11-B anMaster 93grant.
APPROVED FOR SUBGRANTOR (EDD) (By Signature) APPROVED FOR SUBGRANTEE (By Signature)
P
n
BILL BURKE,Assistant Deputy Director Name d Title
JOB TRAINING PARTNERSHIP DIVISION ,Tim Rogers , Chair/Board of S ua v.
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 OPSCal.
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: 1995 F.Y.: 95/96 FUND: CWPF
717PA-30(05195)
FUNDING DETAIL SHEET Exhibit AA
PAGE i of 1
SUBGRANTEE NAME: Contra Costa County SUBGRANT NOs G900105
MODMCATION Nos NEW
L ALLOCATION
A. B. C. IC.
PRIOR ADJUSTED
FUNDING SOURCE AMOUNT INCREASE DECREASE ALLOCATION
(8058)77r. (230) 011,357,722 0 1,117,72r
(8108)5% Older Workers (330) 0 109,681 0 109,691
(8188)5%Incentive (110) 0 0 0 0
($098)Technical Assistance (115) 0 0 0 0
(8338)5%Capacity Bldg. (SALT) (130) 0 0 0 0
(8288)5%MS Maintenance(Admin.) (im) 0 0 0 0
0 0 0 0
0 0 0 0
01 6 01 0
TOTAL TITTLE 11-As L of 7,39T403 ,
TITLE U: YOUTH TXMINU
(8858)82% (370) 0 196,352 0 196,352
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 It-C.1 0 1 196,352 0 , 196,3521
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:
CMM TOTMT 01 1,663,755 a
733
All references are to the Job Training Partnership Act(PL 97-300 as Amended by PL 99-496)unless otherwise noted.
For mod'if'ications purposes only. All other terms and conditions of this exhibit not included herein remain unchanged.
MA 30A(05193)
EXHIBrr BB
Page I of 11
GENERAL PROVISIONS
1. Compliance -
a. In performance of this agreement, Subgrantee will fully comply with:
1. The previsions 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 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 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.
e. 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 Beard.
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
. . . ....._... ......... ......... ......... _........ ......... ......... _........ .................. . _... _..
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EXHIBIT BB
Page 2 of t i
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 statementas 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.
'---...11....................I.......I..........................................I.............I...I...............I.............
. ................................................................................................................................................................................
EXHIBIT BB
Page 3 of I I
b. Employment of Former State ELn2lo3= -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 supported. under this part with other programs under the DTPA, the Wagner-Peyser
Act,Title 38 of the United States Code, and other employment and training programs at the
State and local level.
5. 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.
_. .. ......... ......... ......... ......... ...._.._. ......... ....
....... .......... ............. ......... ......... .................._...__........._._.. ............ .......... ....._._. ._.......
EXHIBrr BB
Page 4 of I i
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 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 Sub rg antee will be addressed to:
Arthur C- Minor Exec Live Direct!Qr
Contra Costa County Private Industry Council.
2425 Bisso Lane . Suite 100
Concord. CA 94520
Telephone ( 225) h46-5-1sg.
Notices to the Suberantor will be addressed to:
Employment Development Department
Job Training Partnership Division
P. Q. 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 X I 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 wonk 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:
I. 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 I I
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. Accounting and Cash Mans ement-
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 DTPA 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.
_. _........ .............................. ___
.. . ........ ..........._.............................-__............ ......... _...._. ............................................. ...
EXHIBIT BE
Page 8 of I I
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 threeyears, 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 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.
_. ....... ......... ......... ......... .........._.. ... __
.. ....... ........ ........ ........ ....................._. ........__.................................................. .........
EXHIBIT BB
Page 9 of i 1
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 expenditureswith 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 DTPA.
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
pay.
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:
......... ......... ......... _......
._....
....... ......... ........ _......... ........ .........__._.............. .......... ......... ......... .........
EXHIM BB
Page IO of I 1
I. 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 HTV 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 12994(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. Subcontractinz, -
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 contractswhich 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. Confidentiality Requirements—
The EDD provides to the ofg ri i' r 1; n,� -*(subgrantee name)
information resources pursuant to this agreement. Information resources include data
(information) and application(program)files and databases. The EDD data(information) is
confidential, when it defines an individual or an employing unit. Confidential information is
not open to the public and require special precautions to protect it from loss, unathorized use,
access, disclosure,modification, and destruction. The subgrantee agrees to:
......... ......... ......... ......... ......... .....................................................................................
..... ...... ........ ......... ........ ....... ........ ......... ........ ..............._................_..
EXHIBIT BB
Page 11 of 11
a) Deep all information furnished by EDD in the strictest confidence,and make the
information available to its own employeees only on a"need-to-know"basis as
specifically authorized in this agreement. Instruct all employees with access to EDD
information regarding the confidential nature of the information and the sanctions against
unauthorized use or disclosures found in the California Civil Code Section 1798355, the
Penal Code Section 502, and the California Unemployment Insurance code Section 2111.
Store and process information in electronic format, in such a way that unathorized
persons cannot retrieve the information by means of computer,remote terminal,or ether
means. Return the EDT)confidential information promptly or destroy all copies or
derivations of the confidential information when its use ends, utilizing an approved
method of confidential destruction: shredding,burning,or certified or witnesses
destruction. Magnetic media are to be degaussed or returned to EDD.
b) Ensure all subgrantee staff requesting or receiving EDD's information date and sign and
EDD Confidentiality Statement.
c) If the subgrantee enters into an agreement with a subcontractor/service provider to
provide DTPA services, the subgrantee agrees to include these data security and
confidentiality provisions in the agreement with the subcontractor/service provider. In
no event shall said information be disclosed to any individual outside of the subgrantee
authorized staff, subcontractor(s)/service provider(s) and/or their employees.
22. Title 11-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.
23. Sig-matures -
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 COYER SHEET
EXEM1T cc
PAGE 1 OF 1
REGISTRATION NO: G900105
MODIFICATION NO: NEW
SUBGRANTEE: Contra Costa County
FUNDING SOURCE: Title H-A 77% CODE: 220
TERM OF THESE FUNDS: 07/01/98 TO: 06/3012001 _
Wse of funds added by this rnodification 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,California.
exhibit acids to and does not replace tha terns and Gond turns of any other exhibit included in this�
agreement which terms and conditions remain in full force and effect.
MA 30EX(11/96)
EDIT COVER SHEET
EXHIBU DD
PAGE 1 OF 1
REGISTRATION NO: 0:900105
MODIFICATION NO: NEW
SUBGRANTEE: Contra costa County
FUNDING SOURCE: Title II-A 5%Older Workers CODE: 230
TERM OF THESE FUNDS: 07/01/98 TO: 06/30/2001
LTse offends added by this modification ation 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,California.
E Thiexhibit adds to and flats not replace the terms and conditions of any other exhibit includedin this
agreement which terms and conditions remain in full force and effect.
MA 30EX(11/96)
......... ......... _........ ......... ......... _.._.._..............................................._..........................
__. ......... ............ .........._.. ......__. ........ ....... ........... .............. ........ ....... ........ ..........
EXH=IT COVER SHEET
EXMBTT H
PAGE I OF 1
REGISTRATION NO: 0900105
MODIFICATION NO: NEW
SUBGRANTEE: Contra Costa County
FUNDING SOURCE Title 11-C 82% CODE: 270
TERVE OF THESE FUNDS: 07/01/98 TO: 06130/2001
Use of funds added by this modification is limited to this period and additionally limited by the recap
provisions applicable to this funding source.
to
PROGRAM NARRATWE
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,MTC 69,Sacramento,California
This exhibit adds to and docs not replace the terms and conditions of any other exhibit included in this
agreement which terms and conditions remain in full force and effect.
n?A 30EX(11/%)
L
TO: BOARD OF SUPERVISORS
FROM: TONY COL6N, DIRECTOR
COMMUNITY SERVICES DEPARTMENT
DATE: June 23, 1998
SUBJECT:
AUTHORIZATION TO EXECUTE PRESCHOOL CONTRACT WITH THE. CALIFORNIA
DEPARTMENT OF EDUCATION.
SPECIFIC REQUEST(S)OR RECOMM MATION(S)&BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Community Services Director or designee to iexecute and submit State
Agreement #CPRE-8020 (County #39-812-10) with the California Department of Education in the amount
of$197,296 for state preschool services for the period from July 1, 1998 through June 30, 1999.
II. FINANCIAL IMPACT:
These contracts are funded through the California Department of Education. Funding will be reflected in
the Community Services Department's proposed budget for FY 1.99899. No County funding is required.
III. CHILDREN'S IMPACT STATEMENT:
The Community Services Department Child Development Program supports two of Contra Costa County's
community outcomes: "Children Ready for and Succeeding in School" and "Families that are Safe, Stable
and Nurturing." These outcomes are achieved by offering comprehensive services, including high quality
early childhood education, nutrition, and health to low-income children throughout Contra Costa County.
IV. REASONS FOR RECOMMENDATIUNSiBACKGROL ND:
On June 24, 1997, the Board approved State Agreement #FCTR-7017, #CPRE-7022, and #GCTR-7035
with the California Department of Education (State) to provide childcare and preschool services. Contracts
are renewed annually until either the County or the State decides to terminate funding.- Contract#39-812-10
will provide $197,296 in reimbursable funds to the County, enabling it to continue to provide valuable state
preschool services to program eligible children residing in the County from July, 1, 1998 through June 30,
1999.
These contracts will be reviewed and approved as to form by County Counsel iprior to submission to the
State.
CONTINUED ON ATTACHMENT: YES SIGNATURE.
1L_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
( �APPROVE OTHER
sic RE Lon: �41 . /,�& ��
ACTION OF BOARD ON U fl
AP'PROVEY}AS RECOMMENDED��,s'" OTIIF:JL
VOP OF SUPERVISORS
I HEREBY CERFITY THAT THIS IS A TRUE
UNANIMOUS(ABSENT 1 AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINU'T'ES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
coNTACT. TONY coL6N,313-7350 AT'rEsmD JUN 2 3 1998
PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: CAC? SUPERVISORS AND COUNTY ADMINISTRATOR
CSI?
M382 (I0/88) X DEPS