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HomeMy WebLinkAboutResolution - 5641 - Grant Agreement - SPRWDB, TWC - Administrative & Finacial Policies - 09_25_1997Resolution No. 5641 Item #26 September 25, 1997 RESOLUTION WHEREAS, the South Plains Regional Workforce Development Board, a nonprofit corporation established under the authority of the Workforce and Economic Competitiveness Act (Title 10, Chapter 2308, Texas Government Code), has received a grant from the Texas Workforce Commission in the amount of $74,966.00 for the implementation of systems and procedures for procurement, management, and oversight of the Workforce Development Programs for this region; and WHEREAS, the South Plains Workforce Development Board is in need of an interim fiscal agent until the board has staff and state approval to administer the grant funds as a board and has asked the City to serve as fiscal agent; and WHEREAS, the management and oversight of workforce development programs to be provided by the South Plains Regional Workforce Development Board constitute a valuable public service for the citizens of Lubbock. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a grant agreement and associated documents between the City of Lubbock, the South Plains Regional Workforce Development Board, and the Texas Workforce Commission for implementation of administrative and financial policies and procedures by the South Plains Regional Workforce Development Board. Said agreement is incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th ATTEST: ayt \ Darnell, City Secretary APPROVED AS TO CONTENT: �1 Bob Cass, Crty Manager dk/ccdocs/onestopses September 16, 1997 day of September APPROVED AS TO FORM: 1997. Linda L. Chamales, Supervising Attorney Office Practice No. 5641 TEXAS WORKFORCE COMMISSION WORKFORCE DEVELOPMENT DIVISION CONTRACT COVER SHEET CONTRACT NUMBER: 6098238 TYPE OF CONTRACT: Workforce Development Board Implementation Grant CONTRACT PERIOD: From Member 15, 1997 To February 28, 1998 FUNDING OBLIGATION: Not to Exceed $74,996.00 Resolution Item #26 September 25, 1997 This contract is entered into by and among the TEXAS WORKFORCE COMMISSION (the Commission) and the following party referred to as the Contractor: Local Board: South Plains Regional Name _Workforce Development Board Address P.O. Box 10227 City Lubbock, Texas 79408 Contact Person: Robin A. Roberts If the Contractor has a separate grant recipient, complete the following information, and the term "Contractor" shall refer to the Board and the Grant Recipient. Local Board: Name City of Lubbock Address P.O. Box 2000 City Lubbock, Texas 79457 Contact Person: Linda L. Chamal es Contractor agrees to conduct local workforce development board activities in compliance with all applicable Federal and State laws, rules and regulations, and in accordance with the provisions of this contract consisting of the following parts which are hereby incorporated as part of this contract and constitute promised performances by Contractor: Contract Cover Sheet Part A - Statement of Work Part B - Contract Budget Part C - Contract General Provisions Part D - Certifications (Lobbying, Debarment, Drug -Free Workplace) Contractor hereby acknowledges that it has read and understands this entire contract. All oral or written agreements between the parties hereto relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained herein. Contractor agrees to abide by all terms and conditions specified herein and certifies that the information provided to the Commission is true and correct in all respects to the best of its knowledge and belief. The obligations of the Commission under this contract are expressly contingent upon the availability of funds for such purpose. This contract shall not be binding until expressly approved by the Executive Director of the Commission, or the Executive Director's designee. APPROVED: - TEXAS WORKFORCE COMMISSION Mike Sheridan Executive Director Date FOR LOCAL BOARD: . K", (;• Robin A. Roberts Date Executive Director �J 11, I to . Title MAYOR, CITY OF LUBBOCK ATTEST: Kay�) b Darnell, City Se y APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney, Office Practice Contract for Workforce Development Board Implementation Grant Between Texas Workforce Commission and South Plains Regional Workforce Development Board Part A, Statement of Work - Anticipated Activities: (check as applicable) ® Develop, enhance, and implement administrative and/or financial systems, policies, and procedures for the management and oversight of workforce development programs (i.e., TANF/JOBS, Food Stamps Employment and Training, & Child Care). E Develop coordination agreements and arrangements with the local offices of the Texas Department of Human Services. ® Develop a comprehensive quality assurance system, including policies and procedures for program monitoring. E Develop, enhance, procure, and implement an automation infrastructure. E Coordinate information system connectivity with the Commission. ® Develop plans to transition program services and operations of workforce centers to selected contractor(s). E Participate in Child Care contract negotiations and/or transition. E Recruit and hire necessary board staff. ® Coordinate with the Commission on renegotiation of service contracts (e.g., Adult Education, Transportation) under the TANF/JOBS, Food Stamp Employment and Training, and Child Care programs. E Receive board/staff training on TANF/JOBS and/or Child Care programs. E Coordinate with the Commission for the identification, selection and transition of State employees to the Board and/or its subcontractor(s). E Other (specify): Plan, develop and implement procedures and instruments for procurement of workforce development services (i.e., JTPA, TANF/JOBS, Food Stamp Employment and Training, and Child Care) from subcontractor(s) to meet the goals and objectives outlined in the 1998/1999 plan. Page 1 Contract for Workforce Development Board Implementation Grant Between Texas Workforce Commission and South Plains Regional Workforce Development Board Part B, Budget CONTRACT INFORMATION: Complete the table below with the appropriate information. Contractor's Name: South Plains Regional Workforce Development Board Contract Amount: $74,996.00 Budget Period Beginning Date: August 1, 1997 Budget Period Ending Date: February 28,1998 BUDGET: Budget Item Amount Personnel Services $59,998 Personnel Fringe Benefits 14,998 Supplies Communication Postage Travel Equipment Rental Equipment Expenses Premises Rent Services Other Capital Expenditures* Indirect Costs GRAND TOTAL $74,996 *Capital Expenditures are limited to $1,000 without prior approval. Page 1 PERSONAL SERVICES BUDGET FORM Organization Name: South Plains Regional Workforce Development Board Date: August 15, 1997 Name/Position Starting Date Ending Date Monthly Salary -M DD YY D YY Executive Director 07 01 -97 02 28 5000 Financial Officer 09 01 1 97 02 28 98 3333 TOTAL NUMBER OF POSITIONS 2 TOTAL PERSONAL SERVICES FICA at 7.5% of Personal Services Retirement at 3.5% of Personal Services Health Insurance $ 200/mo. X 2 Positions X 6 mos. Health Insurance $ 200/mo. X 1 Position X 2 mos. Unemployment Insurance at 8.3% of Personal Services Workmen's Compensation at 1% of Personal Services Other (describe) TOTAL PERSONNEL BENEFITS TOTAL INDIRECT COSTS (attach justification) TOTAL NON -PERSONAL SERVICES 1456 Total Salary 40,000 19,998 59,998 4500 2100 2400 400 4998 600 14,998 $0 TOTAL PROJECT BUDGET $74,996 SOUTH PLAINS REGIONAL WORKFORCE DEVELOPMENT BOARD PERSONAL SERVICES BUDGET TRANSITION GRANT APPLICATION Page 1 Contract for Workforce Development Board Implementation Grant Between: Texas Workforce Commission and South Plains Regional Workforce Development Board Part C, General Provisions TEXAS WORKFORCE COMMISSION WORKFORCE DEVELOPMENT BOARD IMPLEMENTATION GRANT CONTRACT GENERAL PROVISIONS SECTION 1. PARTIES TO CONTRACT The Texas Workforce Commission, herein referred to as "the Commission" or "TWC", and the South Plains Regional Workforce Development Board, in its capacity as a certified local workforce development board, together with the grant recipient identified on the cover sheet of this contract (if applicable), herein collectively referred to as "the Contractor", have made and entered into this contract which, together with the documents attached and/or incorporated by specific reference, constitutes the entire agreement between the parties, and is herein referred to as "the Contract". SECTION 2. CONTRACT PERIOD The contract period shall be from September 15, 1997 through February 28, 1998. SECTION 3. LEGAL AUTHORITY A. The Commission is responsible for administering an integrated workforce development system including job training, employment, employment -related educational programs, child care programs, and the unemployment compensation insurance program, and is the designated agency of this state to implement the Wagner Peyser Act (29 U.S.C. Section 49, et seq), the Job Training Partnership Act (29 U.S.C. Section 15091 et seq), and portions of the public welfare programs under the Social Security Act (42 U.S.C. Section 301 et seq), and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [PRWORA] (7 U.S.C. §201.1, et seq). B. The Commission has the authority pursuant to Chapter 2308, Government Code, to contract with local workforce development boards for program planning and service delivery. C. Contractor represents and guarantees that it possesses the legal authority to enter into this contract, receive the funds authorized by this contract, and perform the activities Contractor has obligated itself to perform under this contract. D. The person signing this contract on behalf of Contractor hereby warrants that he/she has been fully authorized by Contractor to execute this contract on behalf of Contractor and to validly and legally bind Contractor to all the terms, performances and provisions herein set forth. SECTION 4. CONTRACTOR PERFORMANCE A. Contractor shall comply with the requirements of all statutory authorities cited in Section 3 of this contract, which are hereby incorporated in this contract as if set forth fully in this contract. B. Pursuant to the authorities cited in Section 3 of this contract, and in accordance with the Statement of Work attached to and made a part of this contract, the Contractor shall conduct activities related to planning, organization and implementation of a local workforce development board. Form Date 11/05/96 Page 1 Contract for Workforce Development Board Implementation Grant Between: Texas Workforce Commission and South Plains Regional Workforce Development Board Part C, General Provisions C. Contractor agrees that funding under this contract shall be used only to perform such activities that are related to local planning development, local workforce board administrative costs, research, compilation and analysis of economic and demographic information and data, as specified in the attached Implementation Budget. SECTION 5. CONTRACT OBLIGATIONS A. In consideration of Contractor's full and satisfactory performance of the activities specified in this contract, the Commission shall be liable to Contractor in an amount equal to the actual allowable costs incurred by Contractor in rendering required contract performance, subject to the following limitations. B. Unless specifically authorized by the Commission in writing, the Commission shall be liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in the statutory authorities cited in Section 3 of this contract, and all applicable state and federal rules or regulations implementing those statutes. C. The Commission shall not be liable to Contractor for costs incurred or performances rendered by Contractor before commencement of this contract, except for pre -award costs expressly approved by the Commission in writing, or after termination of this contract, except for expenditure and audit reports which may be required pursuant to this contract. D. In order to distribute unexpended implementation grant funds to other Local Workforce Development Areas, the Contractor shall repay to Commission, on demand, any amounts which are not expended in compliance with contract provisions, including but not limited to, disallowed costs. Contractor shall be liable for such funds and shall repay such funds even if the improper expenditure, if any, was made by a subcontractor. All repayment made by Contractor shall be from non-federal funds. Contractor's failure to pay within 30 days after demand, may result in legal actions to recover such funds, and/or additional costs, including allowable interest. E. In order to reconcile unexpended amounts, Contractor shall submit a full accounting of all implementation grant funds expended under the terms of this contract no later than 30 days following the end of the Local Workforce Development Board implementation period or the date of termination of this contract, whichever is applicable. SECTION 6. PAYMENT PROCEDURES A. The Contractor may request advances of operating capital from the Commission on an as needed basis provided that the Contractor implements or demonstrates the willingness to implement: written procedures that minimize the time elapsing between the transfer of funds by the Commission and disbursement by the Contractor, and, 2. financial management systems that meet the standards for fund control and accountability set forth in item B. Form Date 11/05/96 Page 2 Contract for Workforce Development Board Implementation Grant Between: Texas Workforce Commission and South Plains Regional Workforce Development Board Part C, General Provisions B. The Contractor shall: relate financial data to performance data 2. maintain financial management systems that provide for: • accurate, current, and complete disclosure of financial results of the contracted activities reported on an accrual basis; • records that identify adequately the source and application of funds for contracted activities containing information pertaining to awards, authorizations, obligations, unobligated balances, assets, outlays, income, and interest; • effective control over and accountability for all funds, property, and assets with safeguards to assure that all such assets are used solely for authorized purposes; • comparison of outlays with budget amounts for contracted activities; • costs to be charged to contracted activities based on written procedures for determining the reasonableness, allocability, and allowability of costs in accordance with applicable Federal cost principles and the terms and conditions of this contract; and, • accounting records, including cost accounting records, that are supported by source documentation. C. The Contractor shall request cash advances only for the minimum amounts needed and shall time such requests with the actual, immediate cash requirements necessary to carry out contracted activities. The timing and amount of cash advances shall be as close as is administratively feasible to the actual disbursements for direct costs of contracted activities and the proportionate share of allowable indirect costs. D. The Contractor understands that advance payment mechanisms are subject to Public Law 101-453, the Cash Management Improvement Act (CMIA), and its implementing regulations codified at 31 CFR 205. E. The Commission reserves the right to refuse request(s) for future advances if the Contractor has maintained cash balances in excess of need or financial management systems not meeting the requirements of Item B. F. The Contractor shall report to the Commission the monthly allowable costs incurred and chargeable to the contract by the 20th day of the following month. The Contractor shall use the reporting format specified by the Commission. G. The Contractor agrees that costs chargeable to the contract are subject to the item and total limits in the contract budget. The Contractor shall have the prerogative to shift costs between items of the budget without prior approval of the Commission provided that no budget line is increased or decreased by more than 20 percent of the budget total. The Contractor shall notify the Commission of such shifts by enclosing a revised budget with the next payment request. Shifts in excess of 20 percent of the budget total require the prior written approval of the Commission. The Form Date 11/05/96 Page 3 Contract for Workforce Development Board Implementation Grant Between: Texas Workforce Commission and South Plains Regional Workforce Development Board Part C, General Provisions Commission reserves the right to specify the process, format, and time frames for requesting prior approval of budget shifts. H. The Commission reserves the right to deny, withhold, suspend or recoup payments when the Contractor fails to perform satisfactorily or submit reports within the required time frames using the specified format. The Commission shall notify the Contractor in writing of the amount and reasons payments are denied, withheld, or suspended. Recoupment of any overpayments under this contract may be by cash, funds transfer, or deductions from future billings or payment requests for this or other contracts. The Commission reserves the right to specify the method and timing of recoupment. The Commission shall notify the Contractor in writing of the amount, reasons, method, and time frames for recoupment. SECTION 7. CHANGES AND AMENDMENTS 7.1 Any alterations, additions, or deletions to the terms of this contract which are required by changes in federal or state law or by regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or by regulation. 7.2 In order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the performance under this contract may be amended by the Commission, from time to time during the period of performance of this contract, through the issuance of policy directives which serve to establish, interpret, or clarify performance requirements under this contract. After a period of no less than 30 days subsequent to written notice, such policy directives shall have the effect of qualifying the terms of this contract and shall be binding upon the Contractor as if written herein, provided however that such policy directives shall not alter the terms of this contract so as to relieve the Commission of any obligation specified in this contract to reimburse the Contractor for costs properly incurred prior to the effective date of such policy directives. 7.3 The parties hereto expressly agree that TWC shall have the right to make unilateral amendments to this contract as necessary to assure conformity to federal law and regulations, or for convenience and/or to expedite services by the issuance of written directives duly signed by the authorized representative of TWC. These directives shall bind Contractor so long as they do not require Contractor to incur costs that could not be reimbursed by TWC under this contract. If Contractor does not or cannot conform to a directive, it shall notify TWC of the same, in writing, within thirty (30) days of the receipt of such directive. 7.4 Except as specifically provided by Subsections 7.1, 7.2 and 7.3 of this contract, any other alterations, additions, or deletions to the terms of this contract shall be by modification hereto in writing and executed by both parties to this contract. SECTION S. RETENTION AND ACCESSIBILITY OF RECORDS A. Contractor shall retain all records, financial management records and supporting documentation for all expenditures of funds made under this contract, for a minimum of three years after final contract closeout. In the event there is an unresolved audit discrepancy at the end of such retention Form Date 11/05/96 Page 4 Contract for Workforce Development Board Implementation Grant Between: Texas Workforce Commission and South Plains Regional Workforce Development Board Part C, General Provisions period, the records will be retained until the discrepancy is resolved. This records retention requirement in no way limits the obligation of the Contractor to repay disallowed costs even if such disallowance occurs after the expiration of the retention period. B. Contractor shall give the United States Department of Labor, the Comptroller General of the United States, the General Accounting Office, the Auditor of the State of Texas, other state and federal auditing agencies, the Commission, or any of their duly authorized representatives, access to and the right to examine, copy or reproduce, all reports, documents and other records pertaining to this contract. The right of access shall continue as long as the Contractor retains such records. SECTION 9. PROPERTY MANAGEMENT A. Contractors shall submit a purchase request to the Commission for prior written approval to use implementation grant funds to purchase non -expendable personal property (including lease/purchase equipment) having a Unit Acquisition Cost (UAC) of $5,000 or more. B. Within 30 calendar days following acquisition of property having a UAC of $1,000 or more, Contractors shall complete and mail a notification of such property acquisition to the Commission. C. Contractor shall acquire, maintain, and dispose of property purchased with implementation grant funds received under this Contract in accordance with all statutory authorities cited in Section 3 of this contract. SECTION 10. INDEPENDENT AUDIT The Commission reserves the right to conduct or cause to be conducted an independent audit of all funds received under this contract which may be performed by local government audit staff, a certified public accountant firm, or other auditors as designated by the Commission. Contractor shall maintain and make available to all authorized auditors, accounting and program records including supporting source documentation, and shall cooperate with all authorized auditors. Such an audit shall be conducted in accordance with all applicable professional audit standards and practices. SECTION 11. PREVENTION OF CONFLICTING INTERESTS No employee of Contractor or a subcontractor, no member of Contractor's or a subcontractor's governing board or body, no elected official in the Local Workforce Development Area or a member of a Local Workforce Development Board, and no person who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this contract shall participate in any decision relating to this contract which affect his/her personal pecuniary interest. SECTION 12. PREVENTION OF FRAUD AND ABUSE Contractor, and any subcontractor, shall establish, maintain, and utilize internal program management procedures sufficient to provide for the proper, effective management of all activities funded under this contract. Form Date 11/05/96 Page 5 Contract for Workforce Development Board Implementation Grant Between: Texas Workforce Commission and South Plains Regional Workforce Development Board Part C, General Provisions SECTION 13. NON -ASSIGNMENT This contract is not assignable. Notwithstanding any attempt to assign the contract, Contractor shall remain fully liable on this contract and shall not be released from performing any of the terms, covenants and conditions of this contract. Contractor shall be held responsible for all funds received under this contract. SECTION 14. POLITICAL ACTIVITY: LOBBYING No funds provided under this contract may be used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with State or local legislators. Contractor will comply with the requirements of Restrictions on Lobbying: Certification and Disclosure Requirements imposed by 29 CFR 93. SECTION 15. NONDISCRIMINATION AND EQUAL OPPORTUNITY A. The conduct of the parties to this contract shall be in accordance with the provisions of the following laws, and with all applicable rules and regulations promulgated thereunder, as they may apply to the specific program or activity under this contract: Titles VI and VII of the Civil Rights Act of 1964, as amended: Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972, as amended; The Age Discrimination Act of 1975, as amended; Americans with Disabilities Act, as amended; Non-traditional Employment for Women Act of 1991, as amended; and, the assurances required for JTPA programs pursuant to 29 CFR 34.20. B. During the performance of this contract, Contractor and its subcontractors will not deny the contract's benefits to any person on the basis of religion, color, race, national origin, sex, age, physical or mental disability, nor will they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, physical or mental disability, temporary medical condition, age or sex. Contractor, and any subcontractors, shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. C. If subcontracts and supplier contracts are necessary to carry out the requirements of this contract, Contractor covenants to make a good faith effort to contract with historically underutilized businesses certified by the State of Texas, as defined in §481.101, Texas Government Code. SECTION 16. DEBARMENT AND SUSPENSION The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any Federal department or agency. Contractor shall require any subcontractor that will receive funds from this contract, to submit such certification, for any subcontract in excess of $25,000. Form Date 11/05/96 Page 6 Contract for Workforce Development Board Implementation Grant Between: Texas Workforce Commission and South Plains Regional Workforce Development Board Part C, General Provisions SECTION 17. DRUG FREE WORKPLACE Contractor agrees to provide a drug -free workplace in compliance with the Drug -Free Workplace Act of 1988 (102 Stat. 4304, P.L. 100-690, Title V, Subtitle D). Contractor hereby certifies, and shall require any subcontractor that will receive funds from this contract to submit such certification, that it will comply with the following requirements: A. Contractor shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the workplace, and specifying the consequences of any such employee violation. B. Contractor shall establish a drug -free awareness program to inform employees of the dangers of drug abuse in the workplace, the Contractor's policy of maintaining a drug -free workplace, availability of counseling, rehabilitation and employee assistance programs, and penalties which may be imposed for drug abuse violation. C. Contractor shall give a copy of the policy statement to each of the Contractor's employees engaged in the performance of this contract. D. Contractor shall notify the employees in such statement that, as a condition for employment under this contract, the employee will abide by the terms of the statement and notify Contractor of any conviction or violation of a criminal drug statute in the workplace no later than 5 days after the conviction. E. Contractor shall notify the Commission within 10 days after the receipt of notice of a conviction of an employee. F. Contractor agrees to take disciplinary action against any employee convicted for violation of any criminal drug statute in the workplace or require participation in a drug abuse assistance or rehabilitation program. SECTION 18. CONTRACTOR AGREEMENTS A. Under §231.006, Texas Family Code, the contractor certifies that the individual or business entity named in this contract is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. B. Contractor covenants and affirms that it has not been found guilty of unfair business practices in a judicial or state agency administrative proceeding during the preceding year, and that no officer of the Contractor has served as an officer of any company found guilty of unfair business practices in a judicial or agency administrative proceeding during the preceding year. C. Contractor agrees and certifies that it will comply with the applicable provisions of the Davis - Bacon Act (40 U.S.C. §§276a - 276a-7), the Copeland Act (40 U.S.C. §276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-332), as set forth in Department of Labor Regulations at 20 CFR 5.5a. Form Date 11/05/96 Page 7 Contract for Workforce Development Board Implementation Grant Between: Texas Workforce Commission and South Plains Regional Workforce Development Board Part C, General Provisions D. Contractor, and any subcontractor, shall ensure that no funds under this contract are used, directly or indirectly, in the support of any religious or anti -religious activity, worship, or instruction. SECTION 19. TERMINATION A. This contract may be terminated for convenience, in whole or in part, by the Commission, such termination to be effective upon Contractor's receipt of written notification of termination from the Commission. In the event of such termination for convenience, the Contractor shall be entitled to compensation under this contract for allowable expenditures up to the termination date. B. When justified, the Commission may terminate this contract for cause, whereupon payment of all compensation to the Contractor shall cease pending completion of any final report and closing audit required by the Commission. Form Date 11/05/96 Page 8 Contract for Workforce Development Board Implementation Grant Between Texas Workforce Commission and South Plains Regional Workforce Development Board Part D, Certifications CERTIFICATION REGARDING LOBBYING This certification is required by the Federal Regulations, implementing Section 1352 of the Program Fraud and Civil Remedies Act, Title 31 U.S. Code, for the Department of Agriculture (7 CFR Part 3018), Department of Labor (29 CFR Part 93), Department of Education (34 CFR Part 82), Department of Health and Human Services (45 CFR Part 93). The undersigned certifies, to the best of his or her knowledge or 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 Congress, or an employee of a Member of Congress in connection with the awarding 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, and officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned 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 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 31 U.S.C. 51352. 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. Robin A. Roberts, Executive Director Name and Title of Authorized Representative Signature Implementation Grant Form Date 06-16-97 Page 1 of 3 Contract for Workforce Development Board Implementation Grant Between Texas Workforce Commission and South Plains Regional Workforce Development Board Part D, Certifications CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the Federal Regulations, implementing Executive Order 12549, Government -wide Debarment and Suspension, for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), Department of Health and Human Services (45 CFR Part 76). (1) The prospective recipient of federal assistance funds certifies, by submission of this certification, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this certification. Robin A. Roberts, Executive Director Name and Title of Authorized Representative Signature Implementation Grant Form Date 06-16-97 Page 2 of 3 Contract for Workforce Development Board Implementation Grant Between Texas Workforce Commission and South Plains Regional Workforce Development Board Part D, Certifications CERTIFICATION REGARDING DRUG -FREE WORKPLACE This certification is required by the Federal Regulations, implementing Sections 5151-5160 of the Drug -Free Workplace Act, 41 U.S.C. 701; for the Department of Agriculture (7 CFR Part 3017), Department of Labor (29 CFR Part 98), Department of Education (34 CFR Parts 85, 668 and 682), and Department of Health and Human Services (45 CFR Part 76). The the Board certifies that it shall: (a) Publish a policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the consequences of any such action by an employee; (b) Establish an ongoing drug -free awareness program to inform employees of the dangers of drug abuse in the workplace, the The Board's policy of maintaining a drug -free workplace, the availability of counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed on employees for drug abuse violations in the workplace; (c) Provide each employee with a copy of the The Board's policy statement; (d) Notify the employees in the The Board's policy statement that as a condition of employment under this contract, employees shall abide by the terms of the policy statement and will notify the The Board in writing within five days after any conviction for a violation by the employee of a criminal drug statute in the workplace; (e) Notify the Commission within ten days of The Board's receipt of a notice of a conviction of an employee; and, (f) Take appropriate personnel action against an employee convicted of violating a criminal drug statute or require such employee to participate in a drug abuse assistance or rehabilitation program. Robin A. Roberts, Executive Director Name and Title of Authorized Representative Signature Implementation Grant Form Date 06-16-97 Page 3 of 3