HomeMy WebLinkAbout2016-640-E DSS - Workforce Development Board for extension of WIOA Youth Program DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
Regional Partnership
WORKFORCE
lleveiopment Board
July 08,2016
Orange County Department of Social Services, Hillsborough, NC will continue to
operate the WIOA Youth Program.
Reference: Workforce Innovation & Opportunity Act (WIOA) Agreement
PY16 WIOA Allocation Notifications
Contracting For WIOA Services
Effective: July 1, 2016
The Regional Partnership Workforce Development Board approved an extension to
Orange County Department of Social Services to operate PY16 WIOA Youth Program.
The current program contractor has demonstrated good performance and is
knowledgeable in operating this program. This will ensure continuity of these program
services in the WIOA Youth Program. This action will allow for program activities to he
implemented within Orange County in the time frame that the Division of Workforce
Solutions requested of each Local Workforce Development Area.
Budgets are to be completed on the 12 month figures. See breakout below:
Total WIOA PY16 Allocations Amount: $ 236,532—
Orange County Youth Program
Youth Program, Total Amount: $ 236,532
Programmatic: $ 59,133 (In)
$ 177,399 (Out)
Total: $ 236,532
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
REGIONAL PARTNERSHIP LOCAL WORKFORCE DEVELOPMENT AREA
Amendment NO. 2 EFFECTIVE DATE July 1, 2016
This amendment is made to the Contract for Program Year 2014 previously executed by
and between Regional Partnership Local Workforce Development Area and Orange County
Department of Social Services executed on November 11, 2014.
Except as set forth in this Amendment, the Contract is unaffected and shall continue in
full force and effect in accordance with its terms.
NOW, THEREFORE, the parties by their official signatures on this amendment agree to
amend this contract as specified below.
1. Program Year 2016 is extended from July 1, 2016 to the signing of the WIOA Contract within
this program year(July 1, 2016—June 30, 2017).
2, This Amendment includes the final provisions to the Workforce Innovation and Opportunity
Act.
3. Allocation is indicated below.
, Program qe1,,"trP,r2016 Allocations. Ls ' -lix,Lr-Tile: 1p6, -
4001i- 4104v „,A0'.. A
1ri .coy , ,1,1'
, or vp:!pr,01# , i14:,1. ,,l'?c,PP,11 ,AA, Slot .P1.,:f,::,;:, '
Orange County Youth 236,532.58 48
■
IN WITNESS WHEREOF, this amendment has been executed by the parties
signed below.
CONTRACTOR: ADMINISTRATIVE ENTITY:
Orange County DSS Regional Consolidated Services
Post Office Box 8181 Post Office Box 1883
Hills rdWIRrePt 27278
bE Ashebor "21204-1883
Now.' Wow 4....„..4.
DAF1F1c16AR'IRiq _DB272DJA,a9BJAA9
Signature Signature
Nancy
James Bain
Printed/Typed Name Printed/Typed Name
Director 11/2/2016 Workforce Asst. Director
Title Date Title Date
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471 C4F5BB77D ... .
4
PROGRAM YEAR 2013
CONTRACT AGREEMENT BETWEEN
REGIONAL CONSOLIDATED SERVICES
AND
ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES
FOR
WORKFORCE INVESTMENT ACT'S YOUTH PROGRAM OPERATED
IN ORANGE COUNTY
$301,811.00
Total Contract Amount
The services of the Contractor are to commerce no later than Juiv 1, 2013 and shall be
undertaken in such a manner as to assure their completion, as required in the
Statement of Work by June 30,2014.
Contractor: Administrative Entity:
Orange County DSS Regional Consolidated Services
P.O.Box Post Office Box 1883
8181Hillsborough NC 27278 Asheboro,NC 27204
lir
• --..... — 2444/0722't-"IV L.____,
Ili
Ili
ignature
Barry aco s Linda B. Parker --
Printed/Typed Name Printed/Typed Name
OCC Chairman Workforce Development Director
Title Title
62/2-C7:3 6/17/13
Date Date
,.
Contract Cover Sheet Local Area
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
CONTRACT AGREEMENT
This Contract Agreement is entered into between Regional
Partnership Local Area, (hereinafter "LA" ) as designee of the
Governor of North Carolina under the Workforce Investment Act,
Public Law 105-220, (WIA) and ,Orange County Department of Social
Services hereinafter "WIA Contractor") .
WITNESS ETH THAT:
WHEREAS, the LA desires to engage the WIA Contractor to render
certain services in connection with activities to be funded and
operated under the WIA, as amended from time to time, (hereinafter
referred to as the "Act") ;
WHEREAS, WIA funds will be provided under the LA and the Division
of Employment and Training of the North Carolina Department of
Commerce (hereinafter referred to as the "State" ) contingent upon
receipt of funds from the United States Department of Labor
(hereinafter referred to as "USDOL" ) :
AND WHEREAS, the WIA Contractor desires to render services under
the Act .
•
NOW THEREFORE, the parties hereto agree as follows :
1 . EMPLOYMENT OF THE WIA CONTRACTOR:
The LA hereby engages the WIA Contractor and the WIA
Contractor hereby agrees to perform the services hereinafter
set forth in accordance with the terms and conditions
contained herein.
2. PURPOSE:
This contract shall be the master agreement that establishes
the terms and conditions of the agreement between the LA and
the WIA Contractor for activities funded under the Act . To
the extent that funds are available and no prohibitions
apply, the LA agrees to fund the permissible activities of
the WIA Contractor under the Act and the WIA Contractor
agrees to perform with due care for the performance of
administrative and operational services in connection with
activities to be operated. This Contract is entered into to
provide training to eligible participants as specified in
regulations of the funding sources and the WIA Plan.
3 . TIME OF PERFORMANCE:
The services of the WIA Contractor are to commence no later
than July 1,2013 and shall. be undertaken in such a manner as
to assure their completion, as may be required in the
"Request for Proposal, " with the exception of closeout
procedures, by June 30,2014 . All Contract costs must be
incurred between these dates unless such dates have been
modified in accordance with this Contract.
Local Workforce Area Contract Agreement Page 1 of 28
Amended 6/12
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
For the purpose of the statute of limitations, and in
recognition of the fact that closeout procedures,
audit, audit resolution and collection of disallowed
costs will occur after the services period, this
Contract shall not be considered completed until final
action on disallowed costs by the USDOL has been taken
and the time for appeal of disallowed costs has
expired.
4. COMPENSATION AND METHOD OF PAYMENT:
The WIA Contractor shall be compensated for the work and
services to be performed under this Contract by monthly
reimbursement based on allowable expenditures actually made.
In no event, however, will the total compensation exceed the
sum of $301, 811. 00 (refer to specific program allocations on
the cover page) . Provided further, the WIA Contractor
acknowledges that the LA is receiving monies to fund WIA
activities from the State and that the LA' s obligations to pay
any funds is conditioned upon receipt of such funds. The LA
may impose restrictions upon the maintenance of excess cash by
the WIA Contractor consistent with the restrictions placed
upon the LA by the State and the United States Treasury
Department.
5 . WIA Contractor's Performance Benchmarks:
1 . The WIA Contractor shall expend at least twenty-five
(25%) percent of its total allocation by December 31,
2013; and
2 . Shall expend at least forty-five (45) percent of its
funding by April 30, 2014; and
3 . Shall expend at least seventy (70) percent of all
funding by June 30, 2014; and
4 . Shall meet the WIA common measures and enrollment
levels as specified in their "Statement of Work" . The
LA will review enrollment levels by December 31, 2013
to ascertain acceptable levels. Acceptable levels shall
be no less than fifty (50) percent of the total number
specified in the WIA Contractor' s "Statement of Work" .
Failure to meet this requirement may result in a de-
obligation of funds .
Youth (16-21) Common Measures:
Placement in Employment or Education = 73 .63 percent
Attainment of a Degree or Certificate = 48. 10 percent
Literacy or Numeracy Gains = 53. 90 percent
5. Contractor must make available the KeyTrain Tutorial
and WorkKeys Assessment to ensure each participant
has the opportunity to gain the CRC. It is expected all
contractors will strive to meet this requirement.
Local Workforce Area Contract Agreement Page 2 of 28
Amended 6/12
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
6. De-obligation of Funds:
The WIA Contractor must meet the expenditure benchmarks
specified by the deadline date of April as stated in # 2 of
the Performance Benchmarks or will be subjected to a
deobligation of funds not expended. The funds will be
returned to the Local Area.
7 . Staff/Participant Ratio:
The WIA Contractor shall maintain at all times the appropriate
staff/participant ratio of 1-35 for Youth Activities, with
exception to those in follow-up. Failure to comply with this
LA requirement may result in a WIA Contractor being placed in
a probationary status, with payments authorized under this
contract withheld, until such time the required ratio is in
balance by hiring additional staff to handle the influx of
additional participants . Under no circumstances should
potential customers be placed on a waiting list due to the
participant/staff ratio exceeding the required limit;
contractors must increase the staff to accommodate the
increase in numbers . If a contractor should experience a
hardship in meeting this requirement, must notify the Local
Area in writing detailing the hardship.
8. Contracting for Professional Services:
Contractors must obtain written approval from the Local Area
for all contracts for professional services . Written requests
for such services must be in compliance with the Local Area' s
Contracting for Services Policy. Please refer to the Policy.
Any written request not in compliance with the Policy will be
denied.
9 . INCORPORATED DOCUMENTS AND DEFINITIONS:
. A. Documents Included in the Contract:
The following documents are hereby made a part of this Contract
by reference, and compliance with the applicable provisions of
the documents is a condition of this Contract: the Act and the
regulations, orders, circular and issuances; applicable state
laws, regulations, instructions and issuances; the WIA
Contractor' s "Statement of Work" as negotiated and attachments
thereto in effect or promulgated during the term of this
Contract or any extension thereof.
B. Definition:
All definitions included in the Act and the regulations
promulgated under the Act, in other applicable federal
statutes, regulations, circular and directives and in
applicable sections of the North Carolina General Statutes and
the North Carolina Administrative Code are incorporated herein
by reference, whether defined at the time of this Contract or
at any time during the period of this Contract.
Local Workforce Area Contract Agreement Page 3 of 28
Amended 6/12
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
•
C. Changes to Documents and Definitions:
•
The parties are bound by changes in federal and state law that
occur subsequent to the Contract, provided that such changes,
except for permissible retroactive provisions, are incorporated
only as of their effective dates.
10. SCOPE OF SERVICES:
The WIA Contractor shall diligently perform and carry out in a
satisfactory and proper manner the work and services described
in the "Statement of Work" .
11.GEOGRAPHIC AREA:
The WIA Contractor shall perform the services hereunder for
the benefit of residents of the geographic area described in
the Funding Application. Unless otherwise described in the
Funding Application and permissible under federal and state
law, the program activities shall take place in the same
geographic area.
12 . COMPLIANCE WITH THE LAW; WAIVER OF LAWS:
The WIA Contractor shall comply with the terms of this
Contract. The LA may endeavor to assist the WIA Contractor to
apply federal or state statutory or regulatory requirements,
but the WIA Contractor shall not be entitled to rely on such
assistance as constituting a waiver of any state statutory,
regulatory or contractual requirement without a specific,
•
signed waiver from the Executive Director of the LA. No
waiver of federal statutory or regulatory requirements shall
be effective without a waiver signed by an authorized official
at the United States Department of Labor or a court of last
resort as effective, except that the Director of the Division
of Employment and Training may waive any federal statutory or
regulatory requirement that may, by its terms, be waived by
the Governor.
13.SUBCONTRACTING:
The WIA Contractor must secure the written approval of the
Director of the LA prior to procuring services through
subcontracting. All subcontract documents must reference this
Contract, and all subcontractors must acknowledge that the LA,
the State and the USDOL have all rights and powers as to the
subcontractor that they have under this Contract and under law
as to the WIA Contractor.
It is expressly understood that the delegation of any
responsibility to a subcontractor shall not diminish the
liability of the WIA Contractor to assure compliance and that
the WIA Contractor is liable to the LA for any costs of its
subcontractors deemed unallowable . It is also expressly
understood that the LA is not responsible for the obligations
of the WIA Contractor to its subcontractors .
Local Workforce Area Contract Agreement Page 4 of 28
Amended 6/12
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
The WIA Contractor will ensure that its subcontractors, if
any, do not subcontract for any performance or partial
performance of any activity of service provided or to be
provided through this Agreement.
14 . RECORD KEEPING, REPORTING AND ACCOUNTING:
In consideration for full and satisfactory performances, the
LA shall fulfill its obligations to pay the WIA Contractor the
actual cost incurred not exceeding the full amount of the
Contract Agreement, for performances rendered hereunder
subject to the following limitations:
A. The LA shall not be liable to the WIA Contractor for
expenditures made in violations of the Regulations
promulgated under the Act, or in violation of any other
regulations promulgated under the Act, or otherwise
applicable .
B. The LA shall not be liable to the WIA Contractor for costs,
incurred or performances rendered unless such costs and
performances are in strict accordance with the terms of
this Agreement.
C. The LA funding obligations under this Agreement are
contingent upon actual receipt of funds from the State or
the USDOL.
The WIA Contractor shall use accounting and record keeping
procedures that assure proper accounting of funds and permit
accessibility in monitoring, . performance evaluation and audit .
The WIA Contractor shall comply with applicable directives
from the LA and the State regarding accounting and audit
procedures under this Contract Agreement and shall, in all
respects, comply with the Office of Management and Budget
Circular applicable to the WIA Contractor' s organizational
structure.
The WIA Contractor shall submit budgets, invoices, and monthly
reports to the LA no later than the tenth (10) working day of
the month. Modifications of budgeted cost categories may only
be made as permitted by the LA. Monthly financial reports not
submitted in a timely manner for processing, will not receive
reimbursement funds for the month requested until the
following month and the appropriate financial report has been
received by the LA.
The WIA Contractor must provide the following information:
Name, Title, telephone number of financial contact for your
agency: (please type or print)
- -(3\Cr. ( .r.e, unS Mccy ciet-2,145- 2R1)
Natie Title Telephone # :
The WIA Contractor shall also prepare and file with the LA on
a timely basis such information and reports as the LA, the
State, or the USDOL may require. In addition, the WM.
Contractor shall immediately notify the LA, the State,
and the Secretary of the USDOL of all allegations of
Local Workforce Area Contract Agreement Page 5 of 25
Amended 6/12
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
information creating suspicious or for instances of criminal
misconduct, fraud, or willful or gross misconduct in
connection with the program or the administering agency.
Within forty-five (45) days after (a) completion or
termination of this Contract, or (b) the expenditure of the
maximum amount of funds provided hereunder, whichever comes
first, the WIA Contractor shall submit to the LA a signed
closeout statement containing such information as required by
the LA. The WIA Contractor releases the LA from any
obligation to pay any claim for costs incurred under the
Contract that is not submitted with the closeout statement.
Within the thirty (30) day closeout period, the WIA Contractor
will reimburse to the LA any funds that had been received in
excess of actual expenditures and any funds expended in excess
of allowable amount in any budget line item.
The filing of a petition in bankruptcy of insolvency by or
against the WIA Contractor or the filing of any foreclosure
action, eviction proceeding or litigation that could threaten
the ability of the WIA Contractor or its subcontractor (s) to
perform the duties hereunder shall be reported immediately to
the LA and may be cause for suspension of payments or
conditional continuation of funding, including conditional
designation of an alternate administering agency for the WIA
Contractor.
The WIA Contractor shall not assign or transfer any interest
in this Contract without the prior written approval of the LA.
In order to make corrections in the amount of payments, and in
addition to all rights described in this Contract, the LA may
withhold reimbursement of costs between the LA and the WIA
Contractor. The LA may take recoupment actions and require
repayment prior to exhaustion of appeal rights by the WIA
Contractor.
Funds generated by activities funded under this Agreement,
except for On-the-Job Training, is program income. Program
income shall be calculated in the manner acceptable to the LA
and in accordance with generally accepted accounting
capabilities of the subrecipients that generate the program
income, and program income shall be treated for all purposes
as funds under this Agreement . The WIA Contractor is
responsible for assuring that program income is reported as
required by the LA and that adequate records to calculate
program income are maintained. Program income must be used
for purposes permissible under the Act or permissible at the
time generated, whichever is least restrictive, and must be
used prior to the submission of the final report for the
funding period of the program year to which the earnings are
attributed. Program income will not diminish the allocation
for any fund, and cost category restrictions do not apply.
Neither budget approval, advance payments, reimbursement of
costs, nor acceptance of closeout documents by the LA, stops
the LA, the State, or the USDOL from later determining that
Local Workforce Area Contract Agreement Page 6 of 28
Amended 6/12
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
the costs were unallowable.
Program income not used in accordance with the requirements of
20 CFR 627 .450 shall be returned to the Department of Labor.
Effective July 1, 1993 any interest earned on advances will be
considered program income and will be subject to the above
provisions .
I.T. System:
The Contractor shall ensure all participant files are approved
and reviewed for accuracy prior to keying into the new I. T.
System by signing the Staffing Form which approves enrollment
into WIA and placed in the participant' s file.
R-Ctde-aVI a. \■Aanceanc,int
Contractor' s . ame and Title j
15. BONDING:
The WIA Contractor shall procure a fidelity bond for all
persons authorized to receive or disburse WIA funds and public
agencies shall procure a public employee ' s faithful
performance blanket bond. Non-governmental agencies shall
have a blanket fidelity position bond or an individual
fidelity bond.
The bond limit shall be at least the amount of compensation
specified in thecontract or $50, 000 whichever is less. No
payments authorized under this Contract shall be made to the
WIA Contractor until a copy of the bond has been furnished to
the LA. Submit a copy of the bond agreement.
16 . MAINTENANCE OF RECORDS:
The WIA Contractor shall maintain all fiscal and program
records for periods required by federal regulations, but in no
event less than five years from the completion of services
under this Contract. Provided, should audit proceedings be
instituted concerning this Contract, the WIA Contractor shall
not destroy any records thereof until notified in writing that
such records are no longer needed.
All documents pertinent to WIA activity remain the sole
property of the LA and shall be transferred to the LA or the
State upon demand. A WIA Contractor who goes out of business
or is unable to retain records shall transfer these records to
the LA in an orderly fashion with each box labeled and in an
acceptable condition for storage. An inventory of the
contents of each box will be provided.
17 . ACCESS TO RECORDS:
The LA, the State, USDOL, and Comptroller General of the
United States or any of their designees shall have access to
all records of any type of the Contract or its subrecipient
with regard to funded activities .
Local Workforce Area Contract Agreement Page 7 of 28
Amended 6/12
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
•
18. PROPERTY:
The WIA Contractor acknowledges that all non-expendable
property, that is, property with a unit cost less than Five
Hundred Dollars ($500) purchased with funds received under
this Contract or donated specifically to the WIA funded
activity, is the sole property of the LA. The LA may transfer
or relocate non-expendable property hereunder at its
discretion, subject to state and federal law. The WIA
Contractor also acknowledges that all non-expendable property
with a unit cost of $500 or more, purchased with WIA funds or
donated to the WIA funded activity, is the sole property of
the State. The WIA Contractor may not transfer, relocate or
alter the use of any property hereunder without the prior
written authorization of the LA.
The WIA Contractor is responsible for the proper
identification, inventory and maintenance of property under
its control . The WIA Contractor will permit on-site
inspections of all property by the LA, the State and USDOL.
The WIA Contractor shall procure the prior written approval of
the LA to initiate any action involving acquisition by
purchase, lease or trade, transfer, relocation, changed use or
disposition of non-expendable property. The WIA Contractor
shall not be entitled to recover the costs of acquisition or
transfer if such approval is not obtained. The WIA Contractor
shall send to the LA copies of all vendor invoices, for all
non-expendable property purchased, by the second (2nd) working
day of the month following the purchases .
The WIA Contractor shall not acquire real property with funds
under this Contract. This prohibition applies to personal
property (fixtures) affixed to real property unless a recorded
agreement is reached with the owner of the real property
disavowing any interest in the fixture .
If the WIA Contractor anticipates the development of
intangible property, such as works on which a copyright or
patent is obtainable, the WIA Contractor shall notify the LA
and execute a special amendment of this Contract acknowledging
that the State has ownership of all works . The WIA Contractor
acknowledges that as to any works produced for hire, the State
is the entity that has commissioned and paid for the works .
The WIA Contractor expressly assigns to the LA any right it
may acquire by operation of law or otherwise in any property
under this Contract.
On completion of the services under this Contract or upon
earlier termination of this Contract, all non-expendable
property and all expendable property covered by federal
regulations shall be situated, transferred or disposed of
according to instructions by the LA.
All recipients shall establish written procurement procedures.
Local Workforce Area Contract Agreement Page 8 of 28
Amended 8/12
•
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DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
These procedures shall provide for, at a minimum, that 1, 2,
and 3, apply.
1 . Recipients avoid purchasing unnecessary item;
2 . Where appropriate, an analysis is made of lease and
purchase alternatives to determine which would be the most
economical and practical procurement for the Federal
Government;
3 . Solicitation for goods and services provide for all of the
following;
(i) A clear and accurate description of the technical
requirements for the material, product or service
to be procured. In competitive procurement, such
a description shall not contain features which
unduly restrict competition;
(ii) Requirements which the bidder/offeror must fulfill
and all other factors to be used in evaluation
bids or proposals;
(iii) A description, whenever practicable, of technical
requirements in terms of functions to be performed
or performance required, including the range of
acceptable characteristics or minimum acceptable
standards;
(iv) The specific features of "brand name or equal."
descriptions that bidders are required to meet
when such items are included in the solicitation;
(v) The acceptance, to the extent practicable and
economically Feasible, of products and services
dimensioned in the Metric system of measurements;
(vi) Preference, to the extent practicable and
economically
Feasible, for products and services that conserve
natural resources and protect the environment and
are energy efficient .
The contractor must provide the name of the staff responsible
for property maintenance at the site.
,30\fcc Lte, ,Bosine5S ce-v'
Name/Title
19. PERSONNEL: EQUAL EMPLOYMENT OPPORTUNITY:
The WIA Contractor assures the LA that its personnel policy
will apply to all persons employed or funded in whole or in
part under the Contract, and that the WIA Contractor follows
merit-based personnel policies. The WIA Contractor agrees to
post in conspicuous places available to employees and
participants notices setting forth the provision of this
nondiscrimination clause.
The WIA Contractor agrees that it will not discriminate on the
basis prescribed in the Act or prohibited under Federal and
State Law. The WIA Contractor will comply with applicable
provisions of federal law and regulations regarding equal
employment opportunity will make such reports as may be
required by the USDOL and shall make periodic assurance of
Local Workforce Area Contract Agreement Page 9 of 2B
Amended 6/12
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
compliance in applications, plans and on request of the LA.
The WIA Contractor shall designate a person other than the
chief executive as its equal employment opportunity officer,
who shall be responsible for the WIA Contractor' s non-
discrimination policy and for developing a , procedure for
investigation of and hearings on equal employment opportunity
grievances.
The contractor must provide the name of the staff responsible
for EEO for staff:
UMsu wvvW2-0( Huvy.an Sv cx I crs
Mckno9-cy
Type N e/Title
20. Methods of Administration (MOA) :
All WIA Contractors are required to have their Methods
Of Administration on file with the LA. WIA Contractors
must follow the MOA in carrying out all activities funded by
WIA; must maintain and keep current this requirement and have
available for review during any monitoring site visit
conducted by the LA. No financial payments authorized under
this contract shall be made to the WIA Contractor until a copy
or updates of the MOA has been furnished to the LA.
21. MONITORING, OVERSIGHT AND INVESTIGATION:
The LA has the right to monitor program, fiscal, personnel and
management activities under this Contract to assure that
performance goals are being met, that appropriate
administrative procedures, controls and records are
maintained, that Contract terms and conditions are being
fulfilled and that personnel and equal employment opportunity
requirements are being met. The WIA Contractor shall permit
and shall require its subcontractors to permit on-site visits
by the LA, the State, or by the USDOL or their designees,
private questioning of employees and participants, and access
for review or copying of WIA Contractor or subcontractor
records maintained under this work experience programs . The
WIA Contractor shall attend and shall require its
subcontractors to attend such meetings as requested by the LA
regarding the monitoring and/or evaluation of programs .
The LA will provide technical assistance to the WIA Contractor
through such periodic written guidelines as may be available
through the LA and/or State resources . Technical Assistance
may include training sessions . The LA will provide, as
available, additional technical assistance upon request of the
WIA Contractor. The WIA Contractor and its subcontractors are
not entitled to continue, a questionable activity pending
response to a request for technical assistance.
The LA will provide the WIA Contractor with written
notification of deficiencies discovered in review of its
activities and will endeavor to provide the WIA Contractor
with reasonable time to take corrective action regarding the
deficiencies, except that reasonable time need not be given
Local Workforce Area Contract Agreement Page 10 of 28
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DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
where there is a suspicion of criminal conduct or gross
misconduct and specific deficiencies need not be identified
where the matter has been referred to an investigatory or
prosecutorial agency.
The failure of the LA to discover or notify the WIA Contractor
of deficiencies does not relieve the WIA Contractor of its
obligation to meet performance standards, maintain sound
administrative and fiscal management, and assure equitable
personnel and contractual requirements . The WIA Contractor
must identify the contact staff below for the financial and
programmatic monitoring requirements:
Financial Monitoring Contact::Tcy VC Le Le- C ‘r)(sS 0-M(gAr
Name/Title
Programmatic Monitoring: -)--anzy-A 14,06-) myyao J((ff; klinno9, cy-
Name/Title
22 . COMPLAINTS AND HEARING:
The WIA Contractor shall have a complaint and hearing
procedure for complaints and grievances by its employees,
participants and third parties, including disappointed
prospective subcontractors . The procedure may involve
investigations by the WIA Contractor and shall result in a
written determination by the WIA Contractor.
The LA shall have a complaint and hearing procedure for
complaints and grievances arising between WIA Contractor and
the LA and for appeal of certain complaints and grievances as
described in the proceeding paragraph. As to complaints and
appeals governed by this paragraph, the LA shall have the
authority to investigate and make findings, determinations and
orders, including orders imposing corrective conditions and
ordering sanctions, after the opportunity for a hearing.
Where permitted under this Contract or by law, sanctions or
conditions may be imposed prior to an oral hearing in an
emergency situation. Orders of the LA may be appealed, where
permissible, to the State, the USDOL or to the courts .
The complaint and hearings procedures hereunder will comply
with the Act and with State law.
23 . PREVENTION OF CONFLICTING INTEREST:
A. Interest of WIA Contractor:
The WIA Contractor covenants that neither the WIA Contractor
nor its agents or employees presently has an interest, nor
shall acquire an interest, direct or indirect, which
conflicts in any manner or degree with the performance of its
service hereunder, or which would prevent, or tend to
prevent, the satisfactory performance of the WIA Contractor' s
service hereunder in an impartial and unbiased manner, or
• shall profit in any way by the services or activities of any
program funded by WIA. The WIA Contractor further agrees
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that in the performance of this Contract no person having any
such interest shall be employed by the WIA Contractor as an
agent, subcontractor or otherwise .
B. Interest of WDB:
No officer, member or employee of the Consortium, the WDB and
no public official of any local government which is affected
by WIA activities shall participate in any decisions relating
to this Contract which affects his/her personal interest or
the interest of any cooperation, partnership or association
in which he/she is directly interested; nor shall any such
person have any interest, direct or indirect, in this
Contract or the proceeds arising therefrom.
24 . AMENDMENTS:
The parties may amend this Contract at any time, including
after the Contract period, by written amendment executed by
both parties, except that the execution by the WIA Contractor
is not required where the LA is permitted by this Contract or
by law to act unilaterally. The parties specifically agree
that no course of dealing between them can modify the federal
statutory or regulatory requirements into this Contract by
reference.
The LA reserves the right to modify any provision of this
Contract to comply with the requirements to any legislation,
regulations, orders or directives that are effective prior to
the completion of the Contract without written amendment .
25. TERMINATION FOR CAUSE OR CONVENIENCE :
The Consortium/WDB/Board in whole or in part for either of
the following circumstances may terminate the performance of
work under this Agreement.
A. Termination for Convenience:
The performance of work under the Contract Agreement may be
terminated, in whole or, from time to time, in part by the
Consortium/WDB whenever it determines that such termination
or suspension is in the best interest of the Service Delivery
Area. Termination of work hereunder shall be effected by
delivery to the WIA Contractor of a Notice of Termination
specifying the extent to which performance of work under the
Contract Agreement is terminated and the date upon which such
termination becomes effective. In no instance shall a
termination for convenience be effective in less than ten
(10) days after receipt of notice thereof.
After receipt of the Notice of Termination, the WIA
Contractor shall cancel outstanding commitments covering the
procurement or rental of materials, supplies, equipment and
miscellaneous items . In addition, the WIA Contractor shall
exercise all reasonable diligence to accomplish the
cancellation or diversion of outstanding commitments covering
personal services that extend beyond the date of such
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termination to the extent that they relate to the performance
of any work terminated by the notice . With respect to such
canceled commitments, the WIA Contractor agrees to:
1) Settle all outstanding liabilities and all claims arising
out of such cancellation of commitments; or ratify all
such settlements; and
2) Assign to the Consortium, at the time and to the extent
directed by the Consortium, all of the rights, title and
interest of the WIA Contractor under the orders
subcontractors so terminated. The Consortium/WDB shall
have the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such
orders and subcontracts .
B. Termination for Cause:
If through any cause, the WIA Contractor shall fail to
fulfill in a timely and proper manner its obligation under
this Contract, or if the WIA Contractor shall violate any of
the covenants, agreements, representations or stipulations of
this Contract, the LA shall have the right to terminate this
Contract by giving written notice to the WIA Contractor of
such termination and specifying the effective date thereof .
In such an event, all finished documents and other materials
collected or produced under this Contract shall, at the
option of the LA, become its property. The WIA Contractor
shall be entitled to receive just and equitable compensation
for any work satisfactorily performed under this Contract,
except to the extent such work must be duplicated in order to
complete the Contract. Notwithstanding the foregoing, the
WIA Contractor shall not be relieved of liability to the LA
for damages sustained by the LA by virtue of any breach of
this contract by the WIA Contractor and the LA may withhold
payment of any additional sums as security for payment of
damages caused by the WIA Contractor' s breach, until such
time as the exact amount of the damages resulting from such
breach is determined.
The LA may unilaterally terminate or modify this Contract if
necessitated by unavailability of or reduction in funding,
and/or nonperformance by the WIA Contractor.
26 . EXTENSION OF CONTRACT:
The LA will not extend this contract for an additional year.
27 . SEVERABILITY: DISCRETION OF CONSORTIUM: OPEN MEETINGS LAW:
In the event any provision of this Contract shall be
considered unlawful or without effect, it shall be considered
severable and shall not affect the remainder of the Contract .
The LA shall have the power and discretion to enforce any
provision of this Contract and to select from among its many
remedies under this Contract and at law. The failure of the
LA to enforce a provision shall not constitute waiver of the
provision of the Contract.
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No action taken by the WIA Contractor or its subrecipients in
violation of any applicable provision of the state open
meetings law shall be valid.
28. SANCTIONS: FINANCIAL LIABILITY:
The WIA Contractor is responsible. for all funds received
under this Contract . Funds generated from activities funded
under this Contract are program income . Program income and
interest on funds received under this Contract must be used
under this Contract for all purposes. (refer to page 5)
In the case of WIA Contractor not being in compliance as to
over or under expenditure of cost categories, participant
ineligibility, and when adjustments to the WIA Plan can be
made to correct noncompliance (i .e. , cost category
expenditures, participant ineligibility, plan versus
performance) the LA will adhere to corrective actions and
follow up as per OMB Circular No. A-122 and as per the
Workforce Investment Act. The WIA Contractor will be allowed
fourteen (14) days to enforce corrective actions and submit
said copy of corrective action to the LA.
The WIA Contractor shall repay the LA from nonfederal funds
any amounts expended under this Contract by it or by its
subcontracts; WIA Contractors that are determined to be
unallowable by the LA, the State or the USDOL. This
liability exists without regard to the fault of the WIA
Contractor in incurring disallowed costs . The WIA Contractor
shall be responsible for establishing that expenditures were
made for allowable costs.
Endorsements on negotiable instruments repaying a portion of
questioned costs will not constitute release from repayment
of additional disallowed costs .
If permitted by the USDOL or the State, the LA may also, in
its discretion, effect recovery of disallowed costs or
wrongful retained funds by withholding payments and/or
reimbursement due, under this Contract or under any contract
between the WIA Contractor and the LA, by requiring the WIA
Contractor to conduct allowable activities under the Act
without federal funding, by a combination of the sanctions
listed above or by such other methods of recoupment that may
serve the purposes of the Act.
29 . WAIVER OF CLAIMS; AGREEMENTS:
The WIA Contractor waives any and all claims arising out of
this Contract against the State and the LA and/or the WDB.
The WIA Contractor acknowledges that the State, the LA and/or
the WDB has no, and accepts no, liability with respect to any
activity conducted under this Contract for bodily injury,
illness or other damages or losses to employees,
participants, third parties or property. The WIA Contractor
agrees to protect, defend, indemnify and hold the foregoing
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parties harmless, from any claims for liability arising out
of the performance of this Agreement; and the WIA Contractor
waives all claims against the State and/or the LA and agrees
to hold the State and/or LA harmless on any claims against
the State and/or LA based on ownership by the State or LA of
property that is in the control of the WIA Contractor or its
subcontractor (s) .
This Agreement shall not affect the enforceability of any
other written agreement between the parties .
30. ASSURANCES AND CERTIFICATIONS:
A. General Assurances:
The WIA Contractor assures that it will fully comply with the
requirements of the Workforce Investment Act, Public Law 105-
220, and all Federal Regulations issued pursuant to the Act,
with the Governor' s Coordination and Special Services Plan,
and WIA Plan approved by the WDB, the Chief Elected Official
and the Division of Employment and Training.
The WIA Contractor, in administering or in operating programs
funded under the Act, assures that it will administer its
programs under the Workforce Investment Act in full
compliance with safeguards against fraud and abuse as set
forth in WIA and the WIA regulations and known incidents or
suspected incidents of fraud, program abuse or criminal
conduct shall be reported to the LA and DET; that no portion
of its WIA Program will in any way discriminate against, deny
benefits to, deny employment to, or exclude from
participation any person on the grounds of race, color,
national origin, religion, age, sex, handicap, or political
affiliation or belief; that it will target employment and
training services to those most in need of them.
The WIA Contractor, in administering or in operating programs
under the Act, assures that it will administer its program
under the Workforce Investment Act in accordance with the
following provisions : (1) a participant will receive no
payments for training activities in which the participant
fails to participate without good cause; (2) On-the-Job
Training participants will be compensated by the employer at
the same rate, including periodic increases, as similarly
situated employees or trainees and in accordance with
applicable law, but in no event less than the higher of the
rate specified in section 6 (a) (1) of the Fair Labor Standards
Act of 1938 or the applicable State minimum wage law; and (3)
participants employed in activities authorized under the Act
must be paid wages which will not be less than the highest
of :
(a) the minimum wage under section 6 (a) (1) of the Fair Labor
Standards Act of1938, (b) the minimum wage under the
applicable State minimum wage law, or (c) the prevailing
rates of pay for individuals employed in similar occupations
by the same employer.
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The WIA Contractor, in administering or in operating programs
under the Act, assures that training costs supported by other
Federal (DOL, PELL grants, WIN, VA, etc. ) , State or local
programs are identified to ensure WIA costs are reduced
accordingly. WIA participants shall be encouraged to seek
financial aid from other sources and the WIA Contractor will
assist participants in the completion of applications . The
WIA Contractor further assures that where WIA participants
are determined to be receiving other financial assistance,
double billing for the same services shall not occur.
However, WIA. funds should be used in conjunction with other
grants and aid where funds from the different sources are
used to pay for different services . A Refund Policy shall be
established regarding WIA Program/WIA Contractor when the
tuition payment was made with WIA funds .
The WIA Contractor, in administering or in operating programs
funded under the Act, assures that it will administer its
programs under the Workforce Investment Act in full
compliance with health and safety standards established under
State and federal law and that conditions of employment and
training will be appropriate and reasonable in light of such
factors as the type of work, geographical area, and
proficiency of the participant .
The WIA Contractor, in administering or in operating programs
funded under the Act, assures that all participants employed
in any activity will be covered by workers compensation
insurance in accordance with State law; or where participants
are not covered under the State ' s workers compensation law,
they shall be provided with adequate on-site medical and
accident insurance; and that participants employed in
subsidized jobs will be provided benefits and working
conditions at the same level and to the same extent as other
employees working a similar length of time and doing the same
type of work.
The WIA Contractor, in administering or in operating programs
under the Act, assures that no funds available under the
Workforce Investment Act will be used for contributions on
behalf of any participant to retirement systems or plans; to
impair existing contracts for services or collective
bargaining agreements; to assist promote, or deter union
organization; and to displace any currently employed worker.
The WIA Contractor, in administering or in operating programs
under the Act, assures that no funds shall be used or
proposed for use to encourage or induce the relocation of and
establishment or part thereof that results in a loss of
employment for any employee of such establishment at the
original location. Further, no funds shall be used for any
establishment of part thereof that has relocated until 120
days after the date on which such establishment commences
operations at the new location, if the relocation of such
establishment or part thereof results in a loss of employment
for any employee of such establishment at the original
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location.
The WIA Contractor, in administering or in operating programs
under the Act, assures that no participant will be employed
or fill a job opening when any other individual is on layoff
from the same or substantially equivalent job, or when the
employer terminated the employment of any regular employee or
otherwise reduces its work force with the intention of
filling vacancies so created by hiring participants
subsidized under the Act; and no funds may be used to create
promotional lines that infringe upon current promotional
opportunities.
The WIA Contractor, in administering or in operating programs
under the Act, assures that no person or organization may
charge an individual a fee for the placement or referral of
such individual in or to a training program under this Act.
The WIA Contractor, in administering or in operating programs
under the Act, assures that no participant shall be employed
on the construction, operation, or maintenance of so much of
any facility as is used or to be used for sectarian
instruction or as a place for religious worship.
B. Maintenance of Effort:
The WIA Contractor, in administering or in operating programs
under the Act shall ensure that all programs under the Act:
1) Result in an increase in employment and training
opportunities over those, which would otherwise be
available.
2) Do not result in the displacement of currently employed
workers, including partial displacement, such as
reduction in hours of non-overtime work, wages, or
unemployment benefits.
3) Do not impair existing contracts for services or result
in the substitution of Federal funds for other funds in
connection with work that would otherwise be performed,
including services normally provided by temporary, part-
time or seasonal workers or through contracting such
services out .
4) Result in the creation of jobs that are in addition to
those that would be funded in the absence of assistance
under the Act.
C. Certification Regarding Lobbying:
The WIA Contractor certifies, to the best or his/her
knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the WIA Contractor, to any
person for influencing or attempting to influence an
officer or employee of Congress, or an employee of a
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Member of Congress in connection with the awarding 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 in connection with this
Federal contract, grant, loan, or cooperative agreement,
the WIA Contractor shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying, " in
accordance with its instructions.
3) The WIA Contractor shall require that the language of
this certification be included in the award documents for
all sub-awards at all tiers (including subcontracts, sub-
grants and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and
disclose accordingly.
D. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion:
1) By signing this Contract Document, the WIA Contractor,
the prospective recipient of Federal assistance funds, is
providing the certification as set out below.
2) The certification in this clause is a material
representation of fact upon which reliance was placed
when this transaction was entered into. If it is later
determined that the prospective recipient of Federal
assistance funds knowingly rendered an erroneous
certification, in addition to other remedies available to
the Federal Government, the Department of Labor (DOL) may
pursue available remedies including suspension and/or
debarment.
3) The WIA Contractor shall provide immediate written notice
to the LA if at any time the WIA Contractor learns that
its certification was erroneous by reason of changed
circumstances .
4) The terms "covered transaction, " "debarred, " "suspended, "
"ineligible, " "lower tier covered transaction, "
"principal, " "proposal, " and "voluntarily excluded, " as
used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing
Executive Order 12549 . You may contact the LA for
assistance in obtaining a copy of those regulations .
5) The WIA Contractor agrees by signing this Contract
Document that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower
tier covered transaction with a person who is debarred,
• suspended, declared ineligible or voluntarily excluded
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from participation in this covered transaction, unless
authorized by the DOL.
6) The WIA Contractor further agrees by signing this
Contract Document that it will include the clause titled
"Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion" Lower Tier Covered
Transaction, " without modification, in all lower tier
covered transactions and in all solicitations for lower
tier covered transactions .
7) A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower
tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is
erroneous . A participant may decide the method and
frequency by which it determines the eligibility of its
principals . Each participant may but is not required to
check the List of Parties Excluded from Procurement Non-
procurement Programs .
8) Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to
render in good faith the certification required by this
clause. The knowledge and information of a participant
is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of
business dealings .
9) Except for transactions authorized under paragraph (5) of
this section, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction
with a person who is suspended, debarred, ineligible, or
voluntary excluded from participation in this
transaction, in addition to other remedies available to
the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.
E. Union Concurrence:
Where a collective bargaining agreement exists, On-the-Job
Training contracts shall not conflict with any such
agreements except where written concurrence of the labor
organization has been obtained. Should the terms of a
collective bargaining agreement be inconsistent with an On-
the-Job Training contract, the labor concurrence statement
shall be obtained prior to the start of the contract .
F. Additional Assurances:
In administering programs under the Workforce Investment Act
and/or the North Carolina Employment and Training Grant
Program, the WIA Contractor assures and certifies that:
1) It will comply with Title VII of the Civil Rights Act of
1964 (Public Law 88-352) .
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2) It will comply with the provision of the Uniform
Relocation Assistance and Real Property Acquisition Act
of 1970 (Public Law 91-646) which requires fair and
equitable treatment of persons displaced as a result of
Federal and federally assisted programs .
3) It will comply with the provisions of the Hatch Act,
which limits the political activity of certain State and
local government employees .
4) For grants, contracts and subcontracts in excess of
$100, 000 or where the Division of Workforce Solutions has
determined that orders under an indefinite quantity
financial agreement in any year will exceed $100 , 000, or
if a facility to be used has been the subject of a
conviction under the Clean Air Act (42 U. S . C. 1319 (c) )
and is listed by the Environmental Protection Agency
(EPA) or is not otherwise exempt, the WIA Contractor
assures that: (1) no facility to be utilized in the
performance of the proposed grant has been listed on the
EDP List of Violating Facilities; and (2) it will notify
the LA and the DET, prior to award of the receipt of any
communication from the Director of Federal Activities,
U. S.E.P.A. , indicating that a facility to be utilized for
a contract is under consideration to be listed on the EPA
List of Violating Facilities .
5) It will serve only those eligible individuals residing in
the five counties, unless there is no "waiting list of
eligible individuals" and other individuals from
surrounding LA' s are seeking services .
6) It will provide assurances that it is in compliance with
the requirements of the Military Selective Service Act.
This must be accomplished by requiring males 18 years of
age and over to certify in writing (by signature on the
application form) that they are not in violation of
Section 3 of the Military Selective Act at the time of
application. Upon being determined eligible for
enrollment under WIA, and not later than ninety days (90)
after enrollment, the WIA Contractor will verify
compliance by either (a) contacting the Selective Service
System by phone or in writing and placing a verification
information in the participant' s file, or (b) by placing
a copy of the Registration Acknowledgement Letter in the
Participant ' s file.
7) It will comply with the provisions of nepotism as it
relates to federally funded programs .
8) It will comply with the Copeland "Anti-Kickback" Act (18
U. S . C. 874 and 40 U. S . C. 276c) . All contracts and
subgrants in excess of $2000 for construction or repair
awarded by recipients and subrecipients shall include a
provision for compliance with the Copeland "Anti-
Kickback" Act (18 U. S .C. 874) , as supplemented by
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Department of Labor regulations (29 CFR part 3 ,
"contractors and Subcontractors on Public Building or
Public Work Financed in Whole or Part by Loans or Grants
from the United States" . ) The Act provides that each
contractor or subrecipient shall be prohibited from
inducing, by any means, any person employed in the
construction, completion, or repair of public work, to
give up any part of the compensation to which he is
otherwise entitled. The recipient shall report all
suspected or reported violations to the Federal-awarding
agency.
9) It will comply with E.O. 11246, "Equal Employment
Opportunity" , as amended by E.O. 11375, "Amending
Executive Order 11246 Relating to Equal Employment
Opportunity" , and as supplemented by regulations at 41
CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of
Labor. "
10) It will comply with WIA Section 181 (f) , Testing and
Sanctioning for the use of controlled substances .
11) It will comply with all Assurances agreed to in the
Contract (Funding) Application, which are made a part of
these Assurances and Certifications by references.
12) Provisions have been made to ensure no funds described in
Section 129 or Section 134 (a) are used to develop or
implement education curricula for school systems in the
state.
13) Provisions have been made to prohibit the use of funds
for (1) employment generating activities, economic
development activities and similar activities that are
not directly related to training for eligible
individuals, and (2) foreign travel in accordance with
Section 181 (e) .
14) It will comply with the Davis-Bacon Act per the OMB
Circular A 110 Revised, Appendix A.
15) Whistleblower Policy: Each Contractor will have a
Whistleblower Policy that requires employees, officers,
and directors to practice honesty and integrity in
fulfilling their responsibilities and to comply with all
applicable laws and regulations. Such Policy must
encourage and enable employees and others to raise
serious concerns about financial irregularities
within the Agency, without fear of harassment, adverse
employment consequences, or retaliation, prior to
seeking resolution from outside sources .
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16) Drug-Free Workplace requirement, WIA Regulation, Section
667 . 200 , states that general fiscal and administrative
rules that apply to the use of WIA title 1 funds include :
(d) Government-wide debarment and suspension, and
government-wide drug-free workplace requirements . All WIA
title 1 grant recipients and sub-recipients must comply
with the government-wide requirements for debarment and
suspension, and the government-wide requirements for a
drug-free workplace, codified at 29 CFR part 98 and
according to 29 CFR 98 :
(a) The purpose of this subpart is to carry out the Drug-
Free Workplace Act of 1988 by requiring that;
(1) A grantee other than an individual shall certify to
the agency that it will provide a drug-free workplace;
(2) A grantee who is an individual shall certify to the
agency that, as a condition of the grant, he or she
will not engage in the unlawful manufacture,
distribution, dispensing, or possession or use of a
controlled substance in conducting any activity with
the grant .
(b) Requirements implementing the Drug-Free Workplace Act
of 1988 for contractors with the agency are found at 48
CFR, subparts 9 . 4 , 23 . 5, and 52.. 2
Drug-Free Workplace Policy:
In compliance with the Drug-Free Workplace Act of 1988 , each
contractor will have a Drug-Free Workplace Policy whereby all
covered employees are informed that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled
substance is prohibited in the workplace. The policy will :
• Define the actions that will be taken against employees in
the event of violations
• Notify employees that as a condition of employment the
employee must a) abide by the terms of the policy statement
and b) notify the employer within five calendar days if he or
she is convicted of a criminal drug violation in the
workplace.
• Assure the establishment of a continuing drug-free awareness
program to inform employees of the dangers of drug abuse, the
company' s drug-free workplace policy, the penalties for drug
abuse violations occurring in the workplace, and the
availability of any drug counseling, rehabilitation, and/or
employee assistance plans offered through the employer and
• Require the imposition of sanctions or remedial measures,
including termination, for an employee convicted of a drug
abuse violation in the workplace.
Contractors will be required to give an assurance that, (a) a
continuing good-faith effort will be made to comply with all of
the requirements as set forth in the Drug-Free Workplace Act and
(b) the Local Workforce Area will be notified within ten days
after receiving notice that a covered employee has been convicted
of a criminal drug violation in the workplace.
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DRUG-FREE WORKPLACE CERTIFICATION
The Contractor will provide a drug-free workplace by:
1 . Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of
a controlled substance is prohibited in the grantee workplace
and specifying the actions that will be taken against
employees for violation of such prohibition;
2 . Establishing an ongoing drug-free awareness program to inform
employees about;
a. The dangers of drug abuse in the workplace
b. The grantee' s policy of maintaining a drug-free workplace
c. Any available drug counseling, rehabilitation, and
employee assistance programs, and
d. The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace
3 . Making it a requirement that each employee engaged in the
performance of the grant be given a copy of the statement
required in paragraph 1;
4 . Notifying the employee in the statement required in paragraph
1 that, as a condition of employee under the grant, the
employee will
a. Abide by the terms of the statement, and
b. Notify the employer in writing of his or her conviction
for a violation of a criminal drug statue occurring in the
workplace no later than five calendar days after such
conviction;
5 . Notifying the agency in writing, 'within ten calendar days
after receiving notice under subparagraph 4 (b) from an
employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide
notice, including position title, to the grant officer or
other designees on whose grant activity the convicted
employee was working unless the Federal agency has designated
a central point for the receipt of such notices. Notice
shall include the identification number(s) of each affected
grant .
6 . Taking one of the following actions, within thirty calendar
days of receiving notice under subparagraph 4 (b) , with
respect to any employee who is convicted;
a. Taking appropriate personnel action against such an
employee, up to and including terminations, consistent
with the requirements of the Rehabilitation Act of 1973 ,
as amended; or
b. Requiring such employee to participate satisfactorily
in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, local
health, law enforcement, or other appropriate agency;
7 . Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs
1, 2, 3 , 4, 5, and6 .
8 . The Contractor shall insert in the space provided below the
site (s) for the performance of work done in connection with
the specific grant; (Place of performance, street address,
city, county, state, zip code)
Local Workforce Area Contract Agreement Page 23 of 28
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DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
Place of Performance:0 , CaxYK1 aLVASCARCC5
Street Address :
City/County/State/Zip Code : 4 .1v t'4C 2721w
Check_ if there are workplaces on file that are not identified
here; and it will comply with the other provisions of the Act and
with all applicable laws.
SIGNATUr " OF '0 RACTOR DATE
TITLE
•
Local Workforce Area Contract Agreement Page 24 of 28
Amended 6/12
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTION
This Certification is required by the regulations implementing
Executive Order 12549, Debarment and Suspension, 29 CFR Part 98,
Section 98-510, Participants, responsibilities . The regulations
were published as Part VII of the May 26, 1989 Federal Register
(pages 19160-19211) .
(BEFORE COMPLETING CERTIFICATION, READ ATTACHED INSTRUCTIONS
WHICH ARE IN INTEGRAL PART OF THE CERTIFICATION)
(1) The prospective recipient of Federal assistance funds
certifies, by submission of this proposal, 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 participant shall
attach an explanation to this proposal .
•
2L941.easc--,
SIGNATURE AND TITLE OF AUTHORIZED REPRESENTATIVE.
Local Workforce Area Contract Agreement Page 25 of 28
Amended 6/12
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans,
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and
belief, that :
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer
or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation,
renewal, amendment, of 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 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* sub-awards at all tiers (including subcontracts,
sub-grants and contracts under grants, loans, and
cooperative agreements) and that all* subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352 ,
Title 31, U.S. Code . Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10, 000 and not more that $100000 for each such failure.
OX C IL C Li I
CONT- .CTe.' WIA- ORGANIZATION ',ROG' . TITLE
SIGATI E 0 CERTIFYING OFFICIAL DATE
*NOTE: In these instances, "All, " in the Final Rule is expected to be
clarified to show that it applies to covered contract/grant transactions
over $100,000 (per OMB) .
Local Workforce Area Contract Agreement Page 26 of 28
Amended 6/12
................................ .
DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
COMPLIANCE WITH
THE NONDISC'.RIMINATION REQUIREMENTS OF WIA
AS A CONDITION TO THE AWARD OF FINANCIAL ASSISTANCE
UNDER WIA FROM THE DEPARTMENT OF LABOR, THE APPLICANT
ASSURES, WITH RESPECT TO OPERATION OF THE WIA-FUNDED
PROGRAM OR ACTIVITY AND ALL AGREEMENTS OR ARRANGEMENTS
TO CARRY OUT THE WIA-FUNDED PROGRAM OR ACTIVITY, THAT
IS WILL COMPLY FULLY WITH THE NONDISCRIMINATION AND
EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE
INVESTMENT ACT (WIA) , INCLUDING THE NONTRADITIONAL
EMPLOYMENT FOR WOMEN ACT OF 1991; TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964 , AS AMENDED; SECTION 504 OF THE
REHABILITATION ACT OF 1973 ; AS AMENDED; THE AGE
DISCRIMINATION ACT OF 1975, AS AMENDED; TITLE IX OF THE
EDUCATION AMENDMENTS OF 1972, AS AMENDED; AND WITH ALL '
APPLICABLE REQUIREMENTS IMPOSED BY OR PURSUANT TO
REGULATIONS IMPLEMENTING THOSE LAWS, INCLUDING BUT NOT
LIMITED TO 29 CFR PART 34 . THE UNITED STATES HAS THE
RIGHT TO SEEK JUDICIAL ENFORCEMENT OF THIS ASSURANCE.
CONTRACTING AGENCY: (trQ`. C COUr1 J <�(�� v 1 SSe v i( S
SIGNATORY OFFICIAL: 47/‘
DATE:
Local Workforce Area Contract Agreement Page 27 of. 28
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DocuSign Envelope ID:B95B2B37-A96F-476E-BOA3-471C4F5BB77D
IN WITNESS WHEREOF, the Regional Partnership Local Workforce
Area and the WIA Contractor mutually agree to abide by the terms
and conditions enumerated herein and hereby execute this Contract
Agreement .
WIA CONTRACTOR: ADMINISTRATIVE ENTITY:
Orange County DSS Regional Consolidated Services
Post Office 8181 221 S. Fayetteville St.
Hillsborough NC 27278 Post Office Box 1883 •
Asheboro, NC 27024-1883
11P
6/17/13
Sig - -ure
Aril* Date Signature Date
Barry Jacobs Linda B. Parker
Printed Name Printed Name
OCC Chairman Workforce Development Director
Title Title
Local Workforce Area Contract Agreement Page 28 of 28
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