HomeMy WebLinkAboutMINUTES - 05251999 - C61-C65 CONTRA
TO: BOARD OF SUPERVISORS
ai COSTA
FROM: Arthur Ce Miner, Executive Director COUNTY
Private Industry Councils -- w
DATE: May 12, 1999
SUBJECT: Authorizing Submission of 1999/2000 Title IIA/IIB/ll-C Master Subgrant (County
##19-9271-0)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGORUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
Authorize the Beard Chair to execute on behalf of the County Job Training Partnership Act
(DTPA) 1999/2000 Title llA/llB/ll-C Master Subgrant (County ##19-3271-0).
ll. FINANCIAL. IMPACT:
.None, one hundred percent federal funds.
III. CHILDREN IMPACT STATEMENT;
This contract is to provide vocational training to appropriate DTPA eligible participants. This
will support the third outcome ® Families that are economically self-sufficient.
IV. REASONS FOR RECOMMENDATION:
By written instructions received this week the State JTPD informed Contra Costa County that
DTPA 1999/2000 Title llA/llB/ll-C Master Subgrant must be executed and submitted as soon
as possible.
This Master Subgrant will incorporate $185,851 for Title 11C and $1,435,299 for Title 11B for
Program Year 1999/2000 (April 1, 1999 through June 30, 2002), Title 11A funds will be
unilaterally modified into this Subgrant after July 1, 1999 through June 30, 2002.
Submission of these Subgrants must also include one copy of the "Certification Regarding
Lobbying;: and "Certification Regarding Debarment..." signed by the Board Chair.
SIGNATURE: a
17
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE IS
ACTION OF BOARD ON_ L%y 251 } APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HERESY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT N{7i1 ) 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 Nqy 25, 1999
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CONTACT:Bob Whatford 646-5373
cc: Private Industry Council
County Administrator
County Auditor-Controlier
Sara Hoflnian,CAO By DEPUTY
John Cullen,Employment and Human Services
JTPDIEDD(via PIC)
y:d°,akette/board order]County#18-8271-0
CER FICA'nON.REGARDING
DEBAR.MENT, SUSP . SION AND OTHER RESPONSIBILIITY.MA=RS
PRIMARY COVEIZED TRANSACTIONS.
Applicant Orgas-iization aA'-E F ALTPORNIA EMI' LOPME-E DEPARTM s `7
This certification is required by the regulations impleme'r.ting Executive Order 1 9 Debazment
and. Suspension 2.9 CFR fart 98. Section 98.510. Participants' Responsibilities. The regi dations
were published as Fart VLI of they May 26, 1988 Federal Register*Gages 191601-19211).
(BEFORE SIGNn, G CF-R=CATION RFAI7•ATTACIIED INSTRUCTIONS
W.:ICH A.RF.A.LN IN=GRAL PART OF TIFF CFRITFICATION)
(:;.) 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, cleclared ineligible, or
voluntarily excluded from, covered transactions by any Federal department or agency,
(b) Have not within a three-yeas: period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a crimLnal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal., State,
or Local) transaction or contract under a -Public t+arsaction. -violation of Federal or
State antitrust statues or com=tission of P mbezzlement, tnerr, fo"Very bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for' or otherwise a-urdinall.y or civilly charged,by a
governrne:nt entity (Federal, State, or Local) with cornmission of any of the offenses
enumerated ion paragraph (1)(b) of this certification; and
(d) Have not within a three-year period-preceding•this application/proposal had one or
more public transactions (Federal, State, or Local) terminated for cause of default.
(2) Where the prospective primary par ticipant is unable to certify to any of the statements in
this certification, such. prospective participant shall attach an explanation to phis proposal.
S.I ,NA i!JRE OF A�7H-PR=I),CT -C O"�CIAL
Char, Board of Supervisors
FAPPL9
ICAIr1RCOA
�ntra Costa Coun=ty 5/25199
•
CER`rlF°ICA-T- ION REGARf) NG LrO,QBY1NG
CERTIFICATION FOR COUTRACTS-,_ GRANTS , LOANS ,
AND COOPERATIVE ACREE?-lENT,
The un=dersigned certifies , to the best of his or her knowledge and
belief , that:
( 1 ) No Federal appropriated funds- have . been paid or will beepaid,
by or on behalf of the %'ride rs i fined, to any person for influencing
or attempting to influence ari 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 off-- any cooperative
agreement, and the extension, continuation, renewal , amendment, or
Modification sof any Federal .contract, grant, lean, or cooperative
agreement.
(2 ) If any funds ether 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 or 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 Report Lobbying, " in
accordance with its instructions.
(•S ) The undersicned shall• require that • the language of this
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 all"
subr ecipients shall certify and disclose accordingly.
This certification is a ,'material representation of fact upon which
reliance was placed when this trans action was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352 , title 31 ,
b, S . Code . Any person, who ;ails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and
not more than. s i oO., 000 for each such failure .
Contra Costa County -- - -- --
Grantee/Contractor Organization
Joe '
nciani_1Ia C air lac
Name and Tit Authorized Signatory
s ,
jar �
Sig 17 1
� gate
*deo In these instances , "All , " in the Final Mule is expected
to be clarified to show that it applies to covered
contract/grant transactions over $100 ,000 (per OMB) .
TO: BOARD OF SUPERVISORS g��=C)FN�TRA
FROM: John Cullen, Director; � � = �� COU I�VTT�'
Employment& Human es Dept.
'� v
J coir
DATE: May 13, 1999
SUBJECT: DESIGNATION OF THE PIC AND THE BOARD OF SUPERVISORS WELFARE-TO-
WORK RULES AND RESPONSIBILITIES
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGORUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
Authorize the Director, Employment and Human Services or his designee, on behalf of the County,
to execute Welfare-to-Work plans., modifications, adjustments, applications, reports and other
documents with or required by the State of California Employment Development Department, the
United States Department of Labor or any other state or federal agency during the July 1, 1999
through May 31, 2002 term of the grant, provided that this delegation does not include increasing the
grant term or increasing the grant $969,264 payment limit.
Acknowledge that consistent with the Board and PIC DTPA memorandum of understanding, the
County will act as the Welfare-to-Work grant recipient, responsible for grant administration and fiscal
responsibility.
Acknowledge that the Contra Costa County PIC, or its successor organization, consistent with the
DTPA MOU between the PIC and the Board, will act as the program planner and selector of service
providers with the provision that the Board may set aside any PIC decision the Board finds
undesirable due to potential County fiscal liability.
11. FINANCIAL IMPACT:
Done. One hundred percent federal funds.
III. CHILDREN IMPACT STATEMENT:
This will support the third outcome: Families that are Economically Self-Sufficient.
IV. REASONS FOR RECOMMENDATION:
This Board Carder authorizes the Private Industry Council or its successor organization to receive the
second year cycle of Welfare-to-Work Formula Grant funding in the amount of$969,264 to provide
employment and training and other supportive services to approximately 195 Welfare-to-Work eligible
CalWORKs recipients in Contra Costa County outside the City of Richmond for the period of July 1,
1999 to May 31, 2002. The PIC received $1,114,932 in first year funding to provide these services
under the Board of Supervisors' July 9, 1996 authorization. {
CONTINUED ON ATTACHMENT: SIGNATURE: �—/, k !/
a.RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
®A APPROVE OTHER
SIGNATURE(S
ACTION OF BOARD ON Llgy 25. 1999 APPROVED AS RECOMMENDED—X--- OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT None ) 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 May 25, 1999
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CONTACT: Todd McCown(646-5192)
Private Indust.y Council
County Administrator
County Auditor-Ccntrotter
Sara Hoffman,CAO BY , 1 DEPUTY
John Cutters;Employment&Human Services -
y:staff_Op.enlwtwdoes\wtwformutagrantmodyr2boardorder
JTPA - SUBGRANT AGREEMENT
NAME OF SDA: Centra Costa County REGISTRATION NO: G99324
MODIFICATION NO: INEW
SUBGRANTOR: State of California SUBGRANTEE: Board of Supervisors
Employment Development Department Contra Costa County
Job Training Partnership Office 2425 Bisso Lane,Suite 100
P.O.Box 826880,MIC 69 Concord,CA 94520
Sacramento, CA 94280-0001 GOVERNMENTAL ENTITY: YES
This Subgrant Agreement is entered into by and between the State of California,Employment Development Department,hereinafter the
Subgrantor,and the Contra Costa County ,hereinafter the Subgrantee. The Subgrantee agrees to operate a
program in accordance with the provisions of this Subgrant and an approved Job Training Plan for the aboved-named SDA and,as
applicable,an approved Employment and Training Plan for Displaced Workers filed with the Subgrantor pursuant to the Job Training
Partnership Act(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 I through I
X General Provisions and Standard of Conduct Exhibit BB,pages I through 12
Title 11-A 77% Exhibit CC,pages through
Title 11-A 5°/Older Workers Exhibit DD,pages through
Title 11-A 5%Incentive Exhibit EE,pages through
Title 11-A 5%Capacity Building/Local Option(SALT) Exhibit FF,pages through
Tillie 11-A 5%Capacity Building/Technical Assistance Exhibit GG,pages through
Title 11-A 5%MIS Maintenance(Admin.) Exhibit HH,pages through
X Title II-C 82% Exhibit 11,pages I through I
X Title II-B Exhibit JJ,pages I through I
Other
ALLOCATION(s): PRIOR AMOUNT: 0
The Subgrantor agrees to reimburse the Subgrantee INCREASE/DECREASE: 1,671,150
not to exceed the amount Listed herein alter"TOTAL": TOTAL: 1,571,150
TERM OF AGREEMENT: Terms of Exhibits CC-JJ are as designated on each exhibit.
From 04;01/99 To 06/30/2002
PURPOSE: To initiate the 1999/2000 Title 11-A,11-3 and 11-C Master Subgrant by incorporating the Title 11-B and Title 11-C
allocated funds.
APPROVED FOR SUBGRANTOR (EDD) (By Signature) AP�t0 D R SUBGRANTEE (By Signature)
r�
e a Title
BILI.BUR.KE,Assistant Deputy Director � t � Ganciartilla, Chair
JOB"TRAINING PARTNERSHIP DIVISION Qntra Gsta Gounty. Board of Supervisors
I hereby certify that to my knowledge,the budgeted funds are s 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 UPS 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
FUNDING DETAIL SKEET Exhibit AA
PAGE 1 of l
SUBGRANTEE NAME: Contra Costa County SUBGRANT NO: G965324
MODIFICATION NO: NEW
I. ALLOCATION
A. i B. C. D. E.
i PRIOR ADJUSTED
FUNDING SOURCE AMOUNT INCREASE DECREASE ALLOCATION
ION
TITLE IT-A: DISADVANTAGED
18050)77% (220)i 0 0 0 0
(8100)5%hider Workers (230)' 0 0 0 0
(8180)5%Incentive (110)1 0 0 0 0
(8090)'Technical Assistance (115) 0 0 0 0
(8330)5%Capacity Bldg.(SALT) (130)1 0 0 0 0
(8280) 5%MIS Maint.(Admin.) (155) 0 0 0 0
0 0 0 0 '
0 0 1 0 01
0 0 1 0 0
TO'T'AL TITLE II=A: 01 fl 1 01 0 ;
TITLE II-C: YOUTH'TRAINING
(8850)82% t?75) 0 185,851 0 180,851
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 01 0
TOTAL,TITLE LI-C 01 185,851 1 01 185,851
OTHER FUNIS: (DESCRIBE)
(8 060)Title 11-B(411/99-6!3012002) (335) 0 1,485,299 0 1,485,299
0 0 0 0
0 0 0 0y
a 0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
a TOTAL OTHERS: 0 1,485,299 0 1,485,299
GRAND TOTAL: 0 1,671,150 0 1,671,151}
All references are to the Job Training Partnership Act(PL 97-300 as Amended by PL,99496)unless otherwise noted.
For tr odiftcations purposes only. All other terms and conditions of this exhibit not included herein remain unchanged.
JTPA 30A(05195)
EXHIBIT BB
GENERAL PROVISIONS
1— Compliance
In performance of this agreement, subgrantee will fully comply with:
a. 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;
b. The Family Economic Security Act (DESA), California Unemployment Insurance Code,
Section 15000 et. seq., to the extent permitted by federal law; all Stateregulations and
Governor's policies, directives and procedures issued pursuant to FESA; and legislation,
regulation, policy and/or procedures which may replace FESA.
c. 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.
d. 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 otherWse 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.
JTPA',Rev.4/99 Page I of 12
EXHIBIT BB
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 Mate of California
that the contractor or grantee will comply with the requirements of the Drug-Free
Workplace Act of 1990 (Government Code Section 83503 et seq.) and will provide a drug-
free workplace by taking the following actions:
• 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).
• Establish a Drug-Free Awareness Program as required by Government Cade Section
8355(b) to inform employees about all of the following:
- the dangers of drug abuse in the workplace;
- the person's or organization's policy of maintaining a drug-free workplace;
- any available counseling, rehabilitation and employee assistance programs; and,
penalties that may be imposed upon employees for drug abuse violations.
• Provide, as required by Government Code Section 8355(c), that every employee who
works on the proposed contract/subgrant:
- will receive a copy of the company's drug-free policy statement; and,
will agree to abide by the terms of the company's statement as a condition of
employment on the subgrant/contract.
f. Child Support Compliance Act: In accordance with the Child Support Compliance Act, the
Contractor recognizes and acknowledges :
® The importance of child and family support obligations and shall fully comply with
applicable state and federal laws relating to child and family supportenforcement,
including, but not limited to, disclosure of information and compliance with earnings
assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part
5 of Division 9 of the Family Code; and
® that to the best of its knowledge is fully complying with the earnings assignment orders
of all employees and is providing the names of all new employees to the New
Employee Registry maintained by the California Employment Development
Department.
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.
DTPA Rev.4/99 Page 2 of 12
EXHIBIT BB
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.
DTPA Rev.4199 Page 3 of 12
EXHIBIT BB
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
This agreement is valid and enforceable only if the United States Government for the
purpose of this program makes sufficient funds available to the State.
a. 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, and no longer available to the
subgrantee.
b. 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.
c. 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.
d. 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.
e. Refer to "Termination" number 7(c).
6. PrODerty:
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. Upontermination of this agreement, subgrantee will immediately return
such tools and/or equipment to the subgrantor or dispose of themin accordance with
the direction of the subgrantor.
JTPA Rev.4/99 Page 4 of 12
EXHIBIT BB
7. Termination
This agreement may be terminated in whole or in part for either of the two following
circumstances:
a.- 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.
b. 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.
• The subgrantor has the option to void or amend this agreement to reflect any
reduction of funds.
• 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.
c. Under the Workforce Investment Act of 1998 (Public Law 105-220), the Job
Training Partnership Act program will sunset on July 1, 2000. The subgrantor
retains the authority, with a thirty(30)calendar day notice in writing to the
subgrantee, to terminate this agreement and/or recapture funds unspent during
Program Year 1999-2000, as the subgrantor deems necessary to implement the
Workforce Investment Act of 1998, and the associated regulations and policy
guidance set forth by the Secretary of Labor.
Notices to the Subgrantee will be addressed to:
'�;�r�t��rttitra Tl-�r°art-nr
Contra Costa County Private Industry Cguncil
2425 Bisso Lane, Suite 1£10
Concord, CA 34520
Telenhone (_925 ) 646-5382
Notices to the subgrantor will be addressed to:
Employment Development Department
Job Training Partnership Division
P. 0. Box 826880, MIC 69
Sacramento, CA 94280-00011
JTPA Rev.4/99 Page 5 of 12
EXHIBIT BB
8. Amendments.
This agreement may be modified by the subgrantor upon written nonce 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 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
NIA , 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 band is canceled or revised, the subgrantor will matte 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 and/or 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 overage.
DTPA Rev.4/99 Page 6 of 12
EXHIBIT BB
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:
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 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 Mann eq�ment
a. Subgrantee will comply with controls, record keeping and fundaccounting
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 DTPA
activities, will be utilized in accordance with policy and procedures established
by the Subgranter. Subgrantee will account for any such generated income
separately.
DTPA Rev.4199 Page 7 of 12
EXHIBIT BB
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 than 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.
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 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.
DTPA Rev.4/99 Page 8 of 12
EXHIBIT BB
15. Audits
a. The subgrantee will maintain and make available to auditors, at all levels,
accounting and program records including supporting source documentation and
cooperate with all auditors.
b. The subgrantee and/or auditors performing monitoring or audits of the
subgrantee or its sub-contracting service providers will immediately report to the
Subgrantor any incidents of fraud, abuse or other criminal activity in relation to
this agreement, the DTPA, or its regulations.
c. Before any funds are issued under this agreement the subgrantee will submit, to
the subgrantor, the findings of the most recent audit of its financial system. The
subgrantee will demonstrate that its financial accounting systems are adequate
to satisfy Federal and State audit requirements per Federal Register, 20 CFR,
Section 627.480, 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 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 ether 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 contactors,
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.
DTPA Rev.4/99 Page 9 of 12
EXHIBIT BB
1 8. Labor Organizations
Subgrantee will consult with the appropriate labor organizations acrd/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 1984, 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 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 (caner), 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 7.288.0 et seq.).
The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, Section 12990(a-f), set forth in Chapter 5,
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.
JTPA Rev.4/99 Page 10 of 12
EXHIBIT BB
21. Confidentiality Requirements
The State of California (State) and the subgrantee will exchange various kinds of
information pursuant to this agreement. That information will include data,
applications, program files, and databases. These data and information are
confidential when they define an individual or an employing unit. Confidential
information requires special precautions to protect it from unauthorized use, access,
disclosure, modification, and destruction. The sources of information may include,
but are not limited to, the Employment Development Department, California
Department of Social Services, California Department of Education, County Welfare
Department(s), County IV-D Directors Office of Child Support, Office of the District
Attorney, California Department of Mental Health, California Office of Community
Colleges, and the Department of Alcohol and Drug Programs. The subgrantor and
subgrantee agree that:
a. Each party shall keep all information that is exchanged between them in the
strictest confidence and make such information available to their own employees
only on a "need-to-know" basis.
b. Each party shall provide written instructions to all of its employees with access to
information provided by the other party of the confidential nature of the
information and of the penalties for unauthorized use or disclosure found in
section 1795.55 of the Civil Code, section 502 of the Penal Code, section 2111
of the Unemployment Insurance Code, section 10850 of the Welfare and
Institutions Code and other applicable local, State and federal laws.
c. Each party shall (where it is appropriate) store and process information in
electronic format, in such a way that unauthorized persons cannot reasonably
retrieve the information by means of a computer,
d. Each party shall promptly return to the other party confidential',information when
its use ends, or destroy the confidential information utilizing an approved method
of destroying confidential information: shredding, burning, or certified or
witnessed destruction. Magnetic media are to be degaussed or returned to the
other party.
e. If the subgrantor or subgrantee enters into an agreement with a third party to
provide DTPA services, the subgrantor or subgrantee agrees to include these
data and security and confidentiality requirements in the agreement with that
third party. In no event shall said information be disclosed to any individual
outside of that third party's authorized staff, subcontractor(s), service providers,
or employees.
f. Each party shall designate an employee who shall be responsible for overall
security and confidentiality of its data and information systems and each party
shall notify the other of any changes in that designation. As of this date, the
following are those individuals:
DTPA Rev.4199 Page 1 i of 12
EXHIBIT BB
For the suburantor:
Name: Ms. Janet Supriano
Title: Program Manager
Address: EDD, JTPD
P.O. Box 826880, MIC 69,
Sacramento, CA 94280-0001
Telephone No.: (916) 657-3545
Fax No. (916) 653-2467
For the subgrantee:
Name: Arthur C. miner
Title: PIC Executive Director
Telephone No (925) 646-5382
Fax No.: (925) 646-5517
22.Title 11-8 Additional Provisions
Programs under Title 11-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.
223. 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.
DTPA Rev.4r99 Page 12 of 12
EXHIBIT COVER SHEET
EXHIBIT 11
PAGE I OF I
REGISTRATION NO: G965324
MODIFICATION NO: NEW
SUBGRANTEE: Contra Costa County
FUNDING SOURCE: Title 11-C 82% CODE: 275
TERM OF THESE FUNDS: 04/01/99 TO: 06/30/2002
...................*..........*.......................*'^'**'*......*---------------------- ..........
'1s' o n .............e s added by this modification is limited to this period and additionally limited by the recapture
r-rov1sions applicable to this funding source.
'
.............................................................................................................................I
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 Mail,MIC 69,
Sacramento,California.
- -------------- ---------------------- ................... .................... ---------
:This exhibit adds to and does not replace the terms and conditions of any other exhibit included in this
:agreement which terms and conditions remain in full force and effect.
............................. ....................................................................... .....................
DTPA 30EX(:1/96)
EXHIBIT COVER SHEET
EXHIBIT JJ
PAGE I OF I
REGISTRATION NO: G965324
MODIFICATION NO, NEW
SUBGRANTEE: Contra Costa County
FUNDING SOURCE: Title 11-B CODE: 335
TERM OF THESE FUNDS: 04/01/99 TO: 06/30/2002
of funds added by this modification is limited to this period and additionally limited by the recapture
-----------*.......*........*......*.................*-------------*--------------------*--------*................................
;provisions applicable to this funding source.
.......................................................................................................................................11
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.
- ----------------------- ------------------------------------ ---------------------------- ...................
'tThi
s exhibit adds to and does not replace the terms and conditions of an other exhibit included in Qs
- Y
.agreement which terms and conditions remain in full force and effect.
........................... .................... ................... ....................................... .........................
DTPA 30EX(11/96)
CONTRA
To: BOARD OF SUPERVISORSCOSTA
FROM: Arthur C. Miner, Executive Director T �d COUNTY
Private Indust Council ��s
- lc:
DATE: May 7, 1999
SUBJECT: ACCEPTANCE OF PRIVATE DONATION FOR 1998 SUMMER YOUTH JOBS PROGRAM(SYJP)
SPECIFIC REQUEST(S)OR RECOMMENDATION{S)&BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
That the County Board of Supervisors accept the private donation of$15,060 from Chevron Corporation and other
possible donations for the purpose of generating summer jobs for unemployed youth in Contra Costa County;
whereas such acceptance complies with California Government Code Section 25355 and;
To authorize the Executive Director of the Private Industry Council (PIC)to administer said funds for payment of
wages and fringe benefits of youth hired temporarily under the County's unsubsidized 1999 Summer Youth Jobs
Program and;
To authorize said ;executive Director to execute non-financial worksite agreements with local State Employment
Development Department(EDD)offices; and to begin hiring youth on or after May 25, 1999 as temporary County
employees, for subsequent SYJP worksite placements in supervised EDD offices, and if other funding becomes
avaiiable, with PIC selected local public and/or non-profit private agencies and;
To authorize said Executive Director to prepare a letter for all hoard members to sign expressing appreciation to
private sector corporations/business for the continued support of the SYJP program and donations.
11. FINANCIAL IMPACT:
None. Federal funds and private sector donations.
111. CHILDREN IMPACT STATEMENT:
The acceptance of private donations will provide summer jobs for youth from approximately May 25, 1999 through
September 30, 1999. It addresses two CIS goals: Children and Youth Healthy and Preparing for Productive
Adulthood and Communities that are Safe and Provide a High Quality of Life for Children and Families.
IV. REASONS FOR RECOMMENDATION:
The Contra Costa County Private Industry Council's unsubsidized Summer Youth Jobs Program (SYJP) in
partnership with the Board of Supervisors and the business community has placed over 33,387 youth in summer
jobs during the past fifteen years. The Board's continuing support for this successful program is essential in
ensuring employment for youth during the summer months and in facilitating a continuing partnership with the
private sector.
CONTINUED ON ATTACHMENT: S SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATI NOP BOARD COMMITTE
APPROVE OTHER
SIGNATURE(SI
ACTION OP BOARD ON y 25,, 1999 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HERESY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS{ABSENT None ) 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 Mqy 25, 1 k)99
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CONTACT:
cc: Private industry Council
County Administrator
County Auditor-Controller
Sara Hoffman,CAO BY ,'� _ DEPUTY
John Cullen,Social Service
y:diskattelboard order form/
TO: BOARD OF SUPERVISORS '
FROM: warren E. Rupf,Sheriff-Coroner Contra
Costa
DATE: May 13, 1999 County
SUBJECT: Grant Application, division of Justice
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply for a grant in the
amount of$250,000 to partially fund the cost of safety vests purchased from June 1, 1999 to
June 30, 2002 for law enforcement officers employed by the County, and to execute a contract
to accept such funding if awarded.
FISCAL IMPACT:
Federal funding is available to offset 50% of the cost of protective vests approved by the
National Institute of Justice purchased for use by law enforcement officers, The availability of
this funding will reduce the County cost of these essential purchases. Funding is available in
the Sheriffs Office 1999-00 maintenance budget for these purchases. Other County agencies
also purchase safety vests in .small quantities on a routine basis.
BACKGROUND:
The federal Bulletproof Vest Partnership has announced the availability of funding to assist in
the purchase of safety vests approved by the National Institute of Justice. The County is
defined as a "jurisdiction" for purposes of this funding, with one application per jurisdiction
permitted. The Sheriffs Office is by far the largest purchaser Of safety vests among County
agencies. The Sheriff's Office would apply for the grant funding and make any federal funds
approved available to other County agencies such as Animal Control and Fire Districts which
are eligible and interested in making such purchases.
CONTINUED ON ATTACHMENT:NO SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURELS):,
ACTION OF BOARD ON 'may 25, 1999 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT Nome ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT:® ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN,
Contact Person:Kathy Martin 5-1529
CC:SheriffCoroner ATTESTED May 25, 1999
CAO Law&Justice PHIL BATCHELOR,CLERK OF THE BOARD OF
Auditor/Controller SUPERVISORS AND COUNTY ADMINISTRATOR
Rick Management
BY DEPUTY
TO bOA'R1L` OF,SUPERVISORS
FRM. Keith S. Richter, Fire ChiefCaft
cost
DATE; May 11, 1339
SUBJECT: Master Agreement and On-Site Supervisor Agreement between
Contra Costa County Fire Protection District and Contra Costa Community College District
SPECIFIC ST t S I AT ICN(S) eye BACHURRe:OND ANS JUST I F I CAT ION
RECOMMENDATION:
APPROVE and AUTHORIZE the Chair, Board of Supervisors, as the Chair, Board of Directors of the Contra
Costa County Fire Protection District (CCCFPD) to eater into a Master Agreement with the Contra Costa
Community College District (CCCCD) for the purpose of CCCCD providing affiliated educational courses for
CCCFPD; and to enter into an Gln-Site Supervisor Agreement with the CCCCD in which CCCFPD will provide
needed supervisory services to CCCCD.
FINANCIAL IMPACT.
The Master Agreement will enable the CCCFPD to receive a modest amount of revenue, approximately
$1,000 for student/recruit firefighter, from CCCCD. The Cin-Site Supervisor Agreement is non-financial.
BACKGROUND/REASONS FOR RECOMMENDATION:
When Firing entry level firefighters, the CCCFPD conducts a 12-week training',academy for these recruit
firefighters to provide them with basic training in fire protection and emergency medical care. Upon
successful completion of training academy, they are assigned to fire stations where they respond to various
emergencies including structure fires, wildland fires, medical calls, vehicle accidents and hazardous material
incidents.
The Master Agreement will allow the CCCFPD to receive some revenue while its recruit firefighters
are attending the 12-week training academy. By having the training academy's course content become
approved by and affiliated educational courses of the CCCCD, even though CCCFPD staff still conducts the
training academy in essentially the same manner as it has in the past, the CCCCD will pay the CCCFPD
approximately $2.40 per student instructional hour that is eligible for State general apportionment. This
means that the CCCFPD will receive from CCCCD approximately $1,000 per student/recruit firefighter for
completing the training academy. Additionally, the recruit firefighters will receive college credit for completing
the training academy.
The non-financial tin-Site Supervisor Agreement provides for an employee of the CCCFPD to also become
an uncompensated, at-will temporary academic employee of the CCCCD for the purpose of providing the
CCCCD with needed supervisory services in regard to instruction for classes offered by the CCCCD in
cooperation with the CCCFPD. Among other things, the supervisory services include ensuring that training
time is expended in full compliance with the course objectives determined by the CCCCD; ensuring accurate
and current daily student attendance records; and ensuring the accurate calculation of final student grades
and the prompt submission of them to CCCCD.
ATTACtiMICtRTs ;..�. Yt�ss RR17NA'7`L►Pt1�:
=M=NDAT I Citi or COUNTY ADMINISTRATOR a, RICCOMMUNOAT I OM OPP WOARD COMM II TTICS
APPROVU ,,,,,, OTNICR
ACT I ON OP HOARD ON Mag _5 9 1 2, 12 APPROVSO AS RMCC*MKNOx t � i3TttSR ,,
VOTE OF SUPlCFtil`1151ORS
I HO MBIP CERTIFY THAT THIS is A TRUE
X UNANIMOUS (AMSZNr ,&me ��. AND CORRECT COPY OF AN ACTION TAXXN
AVXS*. NOW. AND ENTERED ON THE M I NJTKS Or THE somw
ABSENT: . ABSTAIN' OF SUPIERV i 9 CiRS ON THE DATE iHIMM.
Cont8fitso Terry Fender, 930-5563 ATTESTED . N"-25, X9_#9 — ...��
C.C: County Administrator PHIL BATCHELOR. CLERK'OF THE BOARD OF
Contra Costa County Fire Protection District SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Centra Costa Community College District <
Contract # 4777.1
MASTER.AGREEMENT
BETWEEN
CONTRA COSTA COMMUNITY COLLEGE DISTRICT
AND
CCC FIRE PROTECTION DISTRICT
This agreement is made and entered into by and between the Contra Costa Community College
District, (hereinafter referred to as COMMUNITY COLLEGE DISTRICT), and the Contra Costa
County Fire Protection District, (hereinafter referred to as CCC FIRE PROTECTION DISTRICT),
for the purpose of outlining the duties and responsibilities of each party as they relate to providing
affiliated educational courses for the CCC FIRE PROTECTION DISTRICT, and COMMUNITY
COLLEGE DISTRICT mutually agree as follows.
1. RESPONSIBILITIES OF THE COMMUNITY COLLEGE DISTRICT
A. COMMUNITY COLLEGE DISTRICT shall offer approved educational courses through its
various programs to meet the needs of the CCC FIRE PROTECTION DISTRICT Training
Program.
B. COMMUJINITY COLLEGE DISTRICT shall provide a coordinator to work with the CCC
FIRE PROTECTION DISTRICT Training Center Commander. Said coordinator shall act
as the Training Center Co-Director for all COMML�ITY COLLEGE DISTRICT-affiliated
educational courses. Instruction shall be under the immediate supervision and control of the
coordinator.
C. COMMUNITY COLLEGE DISTRICT shall assist the CCC FIRE PROTECTION
DISTRICT in registration and other support services to students in order to adequately
manage and control its course offerings. The enrollment period and student fees for those
educational courses shall coincide with the enrollment period and fees provided by the
District for its other course offerings.
D. COMMUNITY COLLEGE DISTRICT shall approve of the selection of instructors,
facilitators, and evaluate the quality of instruction to ensure that it meets the needs of the
students and the accreditation requirements of the COMMUNITY COLLEGE DISTRICT.
The COMMUNITY COLLEGE DISTRICT is responsible for the educational programs
conducted under this Agreement.
E. COMMUNITY COLLEGE DISTRICT shall ensure that course offerings meet all
appropriate State of California Government Code Title 5 (hereinafter referred to as Title 5)
and State of California Education Code (hereinafter referred to as Education Code)
requirements.
F. COMMUNITY COLLEGE DISTRICT shall consult the CCC FIDE PROTECTION
DISTRICT, on any revisions to existing COMMUNITY COLLEGEDISTRICT courses,
initiation of new courses, or any other changes, in order to ensure the quality of educational
services and to meet the needs of the CCC FIRE PROTECTION DISTRICT.
II. RESPONSIBILITIES OF THE CCC FIRE PROTECTION DISTRICT
A. CCC FIRE PROTECTION DISTRICT shall provide classroom space at the Contra Costa
County Fire Protection District's Department Training Center, and other CCC FIRE
PROTECTION DISTRICT facilities free of charge to the COMMILNITY COLLEGE
DISTRICT.
B. CCC FIRE PROTECTION DISTRICT shall provide instructors, facilitators, equipment,
materials, day-to-day management support, and all other related overhead necessary to
conduct the COMMUNITY COLLEGE DISTRICT'S affiliated educational programs.
C. CCC FIRE PROTECTION DISTRICT shall provide supervision and evaluation of students
in accordance with the accreditation requirements of the COMML`INNITY COLLEGE
DISTRICT.
D. CCC FIRE PROTECTION DISTRICT shall cooperate with the COMMUNITY
COLLEGE DISTRICT to ensure that all personnel, equipment, and materials used in
carrying out its responsibilities under this contract conform to the Education Code and Title
5 mandated standards governing instructional programs, including class fours sufficient to
meet performance objectives.
E, CCC FIRE PROTECTION DISTRICT shall use the money receivedas compensation for
services under this contract for educational and training related purposes as they relate to
public safety courses.
F. CCC FIRE PROTECTION DISTRICT shall assist the COMMUNITY COLLEGE
DISTRICT in collecting and submitting to the COMMUNITY COLLEGE DISTRICT all
registration fees and applications associated with the class offerings under °.his contract by
providing a listing of students by name scheduled to attend each course. Upon completion
of the course the CCC FIRE PROTECTION DISTRICT will provide a listing with
students' name, social security number, daily course hours attended,'total hours attended,
grade (credit/no credit); course name, course number, dates of instruction and the on-site
supervisor's signature along with the completed applications and an invoice for payment.
(sample to be sent separately)
2
G. COMMUNITY COLLEGE DISTRICT shall maintain records of student attendance and
achievement. These records will be open for review at all times, by officials of the
COMMUNITY COLLEGE DISTRICT. The COMMUNITY COLLEGE DISTRICT shall
also maintain of record of course outline, instructor resumes, flyer, and announcement.
III. PAYMENT FOR.SERVICES
A. In consideration for the services provided hereunder COMMUNITY COLLEGE
DISTRICT shall pay the CCC FIRE PROTECTION DISTRICT $2.40 per student
instructional hour that is eligible for state general apportionment.
B. For fiscal year 19981999 said hours shall not exceed 5 FTES, or$6,300.00 unless mutually
agreed prior to February 1, 1999.
C. Any subsequent years student instructional hour cap shall be determined at least sixty (60)
days prior to the start of the next fiscal year.
D. COMMUNITY COLLEGE .DISTRICT shall pay the CCC FIRE PROTECTION DISTICT
uuon submission of valid invoices as follows:
I. COMMUNITY COLLEGE DISTRICT will pay CCC FIRE PROTECTION
DISTRICT, no later than 45 days after the completed enrollment applications have
been presented to the COMMUNITY COLLEGE DISTRICT as outlined in IIF.
E. Instructional hours are defined as those hours that are reported on the COMMUNITY
COLLEGE DISTRICT'S CCFS-320, California Community Colleges Apportionment
Attendance Reports, and are subject to audit by the COMMUNITY COLLEGE
DISTRICT'S independent auditor, the CCC FIRE PROTECTION DISTRICT, and the
California Community Colleges Chancellor's Office.
IV. MISCELLANEOUS
A. If any of the provision of this contract are found to be, or become contrary to State law or
regulations or court decisions, COMMUNITY COLLEGE DISTRICT and CCC FIRE
PROTECTION DISTRICT agree that the contract shall be renegotiated as it relates to said
provision, without affecting the balance or intent of this contract.
B. The COMMUNITY COLLEGE DISTRICT agrees to indemnify and hold harmless the
CCC FIRE PROTECTION DISTRICT and its authorized agents, officers, volunteers, and
employees against any and all claims or actions arising from. COMMUNITY COLLEGE
DISTRICT'S negligent acts, errors or omissions and for any cost or expense incurred by the
CCC FIRE PROTECTION DISTRICT on account of any claim therefor.
C. The CCC FIRE PROTECTION DISTRICT agrees to indemnify and hold harmless the
3
COMMUNITY COLLEGE DISTRICT and its authorized agents, officers, volunteers, and
employees against any and all claims or actions arising from CCC FIRE PROTECTION
DISTRICT'S negligent acts, errors or omissions and for any cost or expense incurred by the
COMMUNITY COLLEGE DISTRICT on account of any claim therefor.
D, The term of this agreement shall be for a period of time commencing on February 1, 1999
and terminating on June 30, 1999, This agreement may be extended for additional periods
of one (1) year upon agreement in writing by both parties. Notwithstanding the foregoing,
this contract may be terminated at any time, with or without cause, upon written notice
given to the other party at least sixty (60) days prior to end of the team in which classes are
currently in session. In the event of such termination, each partyshall fully pay and
discharge all obligations in favor of the other accruing prior to the date of such termination
and each party shall be released from all obligations or performance which would otherwise
accrue subsequent to the date of such termination. Neither party shall'incur any liability to
the other by reason of such termination.
E. If students withdraw prior to completion of a course, the COMMUNITY COLLEGE
DISTRICT shall pay only for the instructional hours which the student'completed which are
eligible for state apportionment.
F. The COMMUNITY COLLEGE DISTRICT will provide their standard student liability and
medical care coverage for students attending classes. CCC FIRE PROTECTION
DISTRICT, its employees and agents release the COMMU-NI ITY COLLEGE DISTRICT
from liability for claims arising due to illness or bodily injury in excess of this standard
coverage.
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Any and all notices required to be given hereunder shall be deemed given when personally
delivered or deposited in the US mail, certified,postage prepaid to the following address:
DISTRICT: Contra Costa Community College District
500 Court Street
Martinez, CA 94553
COUNTY: Contra Costa County Fire Protection District
ATTN: Jerry Fender
2945 Treat Boulevard
Concord,CA 94520
CONTRA COSTA COMMUNITY CONTRA COSTA COI.TNI TY
COLLEGE DISTRICT TIRE PROTECTION DISTRICT
,br
Doug Roberts '
Assistant Secretary Ch airm of the Board of Supervisors&
Governing Beard ;' Chair, Board of Directors
Josepb Canciamilla
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CONTRACT#REFERENCE: 4777,1
LOS MEDANOS AGENCY/ORGANIZATION: CCC FIRE PROTECTION'DISTRICT
COLLEGE
2700 East Leland Rcad
Pittsburg.CA 94565-5197
(510)439-2181
FAX 1510)427-1599 I certify that the direct education costs of the activity in the proposed contract
j are NOT fully funded through other sources.
I understand that the partnership with the Los Medanos Community College is
intended to augment the resources of the course in order to fully fund the direct
costs.
I understand.the California Code of Regulations and certify that I arn in
compliance with Section 581351.5 of Subchapter 1 of Chapter 9 of Division 6 of
Title 5.
SIGNATUkE.
Doug Robe
TITLE: Assistant SecratarY
Goy
DATE: .:
F.
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Contra Cosa
Community College
DiDict
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Contract # 4774.1
CONTRA COSTA COMMUNITY COLLEGE DISTRICT'
LOS MEDANOS COLLEGE
500 Court Street
Martinez, CA 94553
AGREEMENT FOR SERVICES
CCC FIRE PROTECTION DISTRICT ON-SITE SUPERVISOR
This agreement is made and entered into this 26th day of Jama , 1999, by three
parties. The Contra Costa. Community College District (hereinafter the "COMMUNITY
COLLEGE DISTRICT"), the Contra Costa County Fire Protection District (hereinafter the "CCC
FIRE PROTECTION DISTRICT") and .Terry Fender (hereinafter the "CCC FIRE
PROTECTION DISTRICT'S ON-SITE SUPERVISOR.") an employee of the CONTRA COSTA
COUNTY FIRE PROTECTION DISTRICT, who is being assigned to the COMMUNITY
COLLEGE DISTRICT on a part-time basis pursuant to Title 5, California Code of Regulations,
Section 58058(b), and shall be an employee of the COMMUNITY COLLEGE DISTRICT on a
limited basis during this part-time assignment pursuant to this Agreement.
RECITALS
WHEREAS, the COMMUNITY COLLEGE DISTRICT needs supervisory services with
regard to instruction for classes offered by the COMMUNITY COLLEGE DISTRICT in
cooperation with the CCC FIRE PROTECTION DISTRICT, subject to the terms and conditions set
forth in the separate master agreement between the CCC FIRE PROTECTIONDISTRICT and the
COMMUNITY COLLEGE DISTRICT; and,
WHEREAS,the CCC FIRE PROTECTION DISTRICT has duly qualified employees who
can competently provide supervisory services with regard to instruction for classes offered by the
COMMUNITY COLLEGE DISTRICT in cooperation with the CCC FIRE PROTECTION
DISTRICT, and,
WHEREAS, the CCC FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR
agrees to be assigned to the COMMUNITY COLLEGE DISTRICT as an at-will and
uncompensated temporary academic employee of the COMMUNITY COLLEGE DISTRICT to
competently provide executive services with regard to instruction for classes offered by the
COMMU`VYITY COLLEGE DISTRICT in cooperation with the CCC FIRE PROTECTION
DISTRICT, and,
WHEREAS, the authority for this Agreement includes Title 5, California Code of
Regulations, Section 58058(b);
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MOW THEREFORE,the three parties to this Agreement hereby agree las follows:
1. The CCC FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR. is an employee
of the CCC FIRE PROTECTION DISTRICT who shall meet "Minimum Qualifications" for the
academic position of CCC FIRE PROTECTION DISTRICT'S ON-SITESUPERVISOR as
established by the COMMUNITY COLLEGE DISTRICT and as determined by the
COMMUNITY COLLEGE DISTRICT.
1 The CCC FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR is
professionally and specially trained and competent to provide the supervisory services required by
the COMMUNITY COLLEGE DISTRICT.
3. While the CCC FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR is
performing the required supervisory services for the COMMUNITY COLLEGE DISTRICT, the
CCC FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR shall be under the direct
control and direction of the COMMUNITY COLLEGE DISTRICT, and shall be a temporary
academic employee of the COMMUNITY COLLEGE DISTIRCT. The COMMUNITY
COLLEGE DISTRICT retains the sole right to select, assign, evaluate, discipline and terminate the
CCC FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR at any time.
4. The CCC FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR shall be an at-
will and uncompensated temporary academic employee of the COMMUNITY COLLEGE
DISTRICT during the hours of assignment to the COMMUNITY COLLEGE DISTRICT and may
be terminated at any time for any reason and without cause by the COMMUNITY COLLEGE
DISTRICT.
5. The CCC FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR'S
responsibilities and duties as an employee of the COMMUNITY COLLEGE DISTRICT shall
include,but are not limited to,the following:
a. Ensure that training time is expended in full compliance with the course objectives
determined by the COMMUNITY COLLEGE DISTRICT.
b. Ensure the safety and well-being of students.
C. Ensure the proper coordination of the delivery of instruction in order to achieve full
compliance with State Fire Marshall's regulations.
d. Ensure continued physical presence at the work place assigned by the
COMMUNITY COLLEGE DISTRICT during all hours of the assignment as an
employee of the COMMUNITY COLLEGE DISTRICT.
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e. Ensure the accuracy of all information on all time sheets of technical officers and
facilitators.
f. Ensure the immediate notification to the Co-director of a student',drop rate,
g. Ensure the proper and timely assignment, scheduling and notification of facilitators.
h. Ensure the complete, accurate and timely evaluation of facilitators.
i. Ensure regular attendance at periodic staff meetings with the COMMUNITY
COLLEGE DISTRICT employee who serves as Co-director.
j. Ensure that all handouts prepared or utilized by facilitators are .appropriate prior to
submitting them to the Co-director for approval.
k. Ensure accurate and current daily student attendance records.
1. Ensure the effective use of instructional methods, technology, testing and
remediation.
M. Ensure the proper administering and scoring of Learning Domain tests.
n. Ensure the accurate calculation of final student grades and the prompt submission of
them to the Co-director within two weeks of course completion.
o. Ensure the competent and prompt completion of all other assigned duties.
6. The COMMUNITY COLLEGE DISTRICT shall provide no compensation to the
CCC FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR for any services rendered
pursuant to this Agreement, but compensation shall be provided by the CCC FIRE PROTECTION
DISTRICT in accordance with its established and standard practices and including workers'
compensation insurance.
7. For purposes of indemnification and defense of any claims, actions or lawsuits, the
CCC FIRE PROTECTION DISTRICT'S 0' -SITE SUPERVISOR. shallbe considered an
employee of the COMMUNITY COLLEGE DISTRICT only during those times when the CCC
FIRE PROTECTION DISTRICT'S ON-SITE SUPERVISOR is actually performing on behalf of
the COMMUNITY COLLEGE DISTRICT the responsibilities and duties listed in this Agreement
at the work place assigned by the COMMUNITY COLLEGE DISTRICT.
8. This Agreement may be terminated at any time by the COMMUNITY COLLEGE
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DISTRICT within the sole and exclusive discretion of the COMMUNITY COLLEGE DISTRICT
upon written notice to the CCC FIRE PROTECTION DISTRICT and the CCC FIRE
PROTECTION DISTRICT'S ON-SITE SUPERVISOR. This Agreement may be terminated upon
thirty (30) days prior written notice to the COMMUNITY COLLEGE DISTRICT by either the
CCC FIRE PROTECTION DISTRICT or the CCC FIRE PROTECTION DISTRICT'S ON-SITE
SUPERVISOR within either's sole and exclusive discretion.
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FORTHE ONTR A COSTA COMMUNITY CCC F• ROTECTION
DIST 'S ON-SITE
COLLEGE DISTRICT SUPERVISOR.
DATED: L2 DATED: a
Doug Roberts '
Assistant Secretary i
Governing Board
R TAR-CC C/TIRE,
PROTECTION DISTRICT
Board of Directors
Joseph Canciarr lia
r
DATED: J r;
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CONTRACT# REFERENCE: 4774.1
LOS MEDS AGENCY/ORGANIZATION: CCC FIRE PROTECTION DISTRICT
COLLEGE
2700 East Leland goad
Pittsburg,C:94565-5197
(510)439-2181
FAX(51 o)427 1599 I certify that the direct education costs of the activity in the proposed contract
are NOT fully funded through other sources.
I understand that the partnership with the Los Medanos Community College is
intended to augment the resources of the course in order to fully fund the direct
costs.
I understand the California Code of Regulations and certify that I am in
compliance with Section 58051.5 of Subchapter I of Chapter 9 of Division 6 of
Title 5.
! SIGNATURE: 6''f ,-P;/
Doug Roberts
TITLE: Assistant Secretary
ovarrtirg Sca,rd
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DATE:
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