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HomeMy WebLinkAboutAgenda - 06-27-2006-5lORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 27, 2006 Action Agenda Item No.~j_ SUBJECT; Contract Renewal with Center for Employment Training for Vocational Training DEPARTMENT: Social Services PUBLIC HEARING: (YIN) No ATTACHMENT(S): Renewal Contract INFORMATION CONTACT: Nancy Coston, 245-2800 Gwen Price, 245-2800 PURPOSE: To renew the contract with the Center for Employment Training. BACKGROUND: The Center for Employment Training (CET), located at the Golden Belt Complex in Durham, NC (formerly located in the Research Triangle Park), offers aself-paced, individualized, open entry/exit training program, This program integrates basic skills instruction and short-term vocational training. The training programs offered at CET include Business Office Technology, Medical Administrative Assistant, Medical Insurance Billing, and Building Maintenance Service Technician, In addition to training, CET offers job development and placement for students. In Fiscal Year 2004-2005, seven Work First recipients were placed at CET with six graduating in June 2006. Orange County entered into a contractual agreement with the Center for Employment Training effective October 1997. Prior to that time, the North Carolina Division of Social Services maintained the contractual agreement with CET. The NC Division of Social Services allocated funds directly to counties to cover the cost of tuition beginning Fiscal Year 1997-1998. Currently, funds for the cost of tuition assistance are a part of the TANF Block Grant. The Social Services Board has reviewed the renewal contract and recommends approving $40,000 for Fiscal Year 2006-2007. This amount will cover the cost of tuition and job placement for up to eight referrals. This is a performance-based contract, FINANCIAL IMPACT: The cost of the renewal contract for Fiscal Year 2006-2007 is $40,000. These costs are paid with County funds but serve as the required Maintenance of Effort in the County Work First Block Grant, The County was required to maintain the same amount of County funding (approximately $1 million annually) as was spent far Aid to Families with Dependent Children prior to the transition to Wark First. The County receives about $1,6 million in federal Work First funds each year. RECOMMENDATION(S): The Manager recommends that the Board accept the Social Services Board recommendation to renew the contract with the Center for Employment and Training and authorize the Chair to sign, COUNTY OF ORANGE DEPARTMENT OF SOCIAL SERVICES TRAINING CONTRACT WITH CENTER FOR EMPLOYMENT TRAINING This contact is entered into by the Orange County Department of Social Services (hereinafter referred to as the Department) and Center for Employment Training (CET), Inc. (hereinafter referred to as the Provider), or the purchase of'specific activities as described therein. This contact is subject to the provisions of all applicable Federal, State, County laws, regulations, policies and standards. This contract shall consist of this document and any specified attachments in Section XVII on page 6, SECTION I: Effective Period This agreement shall be in effect from July 1, 2006 through June 30, 2007, SECTION II: Responsibilities A. The Department will: 1. Refer Work First participants to the Provider for enrollment and reimburse the Provider for activities provided as described in this contract; and 2, Provide consultation and technical assistance to the Provider as needed; and 3. Provide transportation, child care, and case management services to Work First participants; and 4. Accept fiscal responsibility for deviation from the terms of this contract as a result of acts of the Department or any of its officers, employees, agents or representatives; and B. The Provider will: 1, Provide activities, as specified in this contract; and 2. Assume responsibility for all associated cost in the event the Provider has to relocate; and 3. Submit pr'ogr'ammatic reports as requested by the Department and assist the Department in meeting all reporting requirements to State and other agencies; and 4. Accept fiscal responsibility for deviations from the terms of this contract as a result of acts of the Provider or any of its officers, employees, agents or representatives; and 5. Maintain fiscal books, record, documents and other evidence which reflect all direct and indirect costs expended under this contract; and 6. Comply with all laws, regulations policies and standards applicable to the program under contract; and 7. The Provider will not encourage and/or assist any Work First trainee to obtain any educational loans; and 8. Furnish worker's compensation, liability insurance, and other insurance as may be required to protect the Provider and the Department against claims which may arise from the Provider's performance; and Page I of 6 9. Obtain the approval from the Department, through the submission of a course curriculum and labor market survey information, prior to implementing any paining course other than, Automated General and Medical Office Skills, Elecponics Technology, Medical Insurance Billing, and Shipping and Receiving/Warehouse; and 10. Agree to participate in program, fiscal and administrative monitoring or audits, making records and staff time available to Federal, State and county staff; and 11, Comply with Titles VI and VII of'the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 and all requirements imposed by Federal regulations, rules and guidelines issued pursuant to these Titles of both personnel employed and clients served; and 12. Maintain client records which date and document, in accordance with established policy, the service delivered to the individual, a valid authorization for service, program records documents and other evidence which reflects program operations; and 13. Restrict the use or disclosure of information obtained in connection with the adminispation of North Carolina's programs for the provision of services concerning applicants for and recipients of those services to purpose directly connected with the adminispation of the service program; and 14, Furnish information to the Department, as requested, to support the performance of activities pursuant to this conpact and the full cost of activities; and submit changes, as needed or required, in the conpact or any materials included in this conpact or approved supporting information for review and approval by the Department; and 15. Take the necessary steps for correcfive action, as negotiated within a corrective action plan, for Any items found to be out of compliance with Federal, State, and County laws, regulations, standards and/or terms of this conpact; and 16. Maintain and administer in accordance with sound business practice, program for the maintenance, repair protection and preservation for property purchased under the terms of this conpact and keep a current, complete inventory of all equipment so purchased; and 17. Notify the Department representative within three work days of any trainees attendance or performance problems, and of any trainee expressing a desire to withdraw from the paining program, and of painees that enter employment; and 18. Place in employment 70% of the Work First trainees who complete the program, and place 70% of those employed in a paining related job utilizing their skills acquired in their course of'study (i.e., skills areas in which enrolled) at CET. SECTION III: Access to Records All fiscal and program records are to be retained for three years after final payment or until all audits continued beyond this period are completed, In the event the Provider dissolves or otherwise goes out of existence; records produce under this conpact will be turned over to the Deparhnent. These records shall be subject at all reasonable times to inspection, review or' audit by duly authorized County, State and Federal officials, SECTION IV: Liabilities and Legal Obligations The Provider an the Department shall be liable for the act of omissions of their respective employees in the performance or service covered under the terms of this conpact to the extent permitted by applicable law,. Page 2 of 6 The Provider is and shall be deemed to be an independent contractor in the performance of this contract and agrees to indemnity and save harmless the Department against any claims of third parties arising out of any act of omission of the Provider, its agents employees and subcontractors in the performance of this eonhact. SECTION V: Subcontracting The Provider shall not subconhact any of the work contemplated under this conhact without obtaining PRIOR WRITTEN APPROVAL. from the Department. Any approved subcontract shall be subjected to all conditions of this contract, The Provider shall be responsible for the performance of any subcontractor. SECTION VI: Right to Data The Department may duplicate, use and disclose all data delivered under this contract, The Provider may copyright data generated as a result of the contact; however, this data shall not be marked for profit by the Provider. Additionally, the Provider grants to the Department a royalty fee, non-exclusive, irrevocable license to publish, translate, reproduce, deliver, perform and dispose of all data now or hereafter covered by such copyright. With respect to data not originated in the performance of this contract, the above license shall be only to the extent that the Provider has the right to grant such license without becoming liable to pay compensation to others because contract shall acknowledge the support provided by the Department. SECTTON VII: Determination of Participant Eligibility The Department has the responsibility of intake, initial determination and redetermination of eligibility for service(s), in accordance with Federal, State, and County regulations. It is the responsibility of the Department to notify the provider of the eligibility status of each individual for the service(s), the period of time for which service(s) are authorized, and any changes in the eligibility status. This is done by the use of Form DSS-1360 (Rev.4/94) for Work First Program participants. The Provider may not be reimbursed under this contract for clients who were served in the absence of a valid DSS-1360 (Rev. 4/94) or for any period of time not covered by an authorized DSS-1.360 (Rev.4/94) SECTION VIII: Conflict of Interest The Provider expressly states that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict, in any manner or degree with the performance of service required to be performed under this contract. The Provider further agrees to notify the Department in writing of any instance that might have the appearance of a conflict of interest. Upon execution of this contract and prior to disbursement of funds, the Provider shall submit to the Department a notarized copy of the Provider's policy addressing conflict of interest in accordance with the North Carolina law. SECTION IX: Treatment of Assets Treatment of assets acquired under this contract shall be subject to the following. A, Ownership of property purchased by the Provider under the terms of this contract for which reimbursement by the Department is based upon the actual purchase cost of the property shall immediately vest with the Department upon such reimbursement.. B. The Department shall have no claim to property purchased by the Provider under the terms of this Contract for which reimbursement by the Department is based upon approved depreciation schedule or use allowance. Interest charges on rented/leased equipment are not reimbursable. SECTION X: Administrator for the Contract The persons named below shall be administrators for the respective parties and shall be the person to whom notices provided for in this Contract shall be given and to whom matters relating to administration or' interpretation of this Contract shall be addressed, Either party may change its administrator or his address or his telephone number by written notice to the other party. Page 3 of 6 For the Department: Nancy Coston, Director Orange County Deparhnent of Social Services P. O, Box 8181 Hillsborough, NC 27278' (919)7.32-8181 For' the Provider: Hermelinda Sapien, PresidenUCEO Center For Employment Training 701 Vine Street San Jose, California 95110 (401)287-7924 SECTION XI: Fiscal Provisions The Department will reimburse the Prodrder for services described in the contract document up to the budgetary limits of the contract allotment from Work First funds allocated to the Department for purpose of this contract. The maximum amount of reimbursement for the period of .luly 1, 2006 through June 30, 2007 shall not exceed $40,000. The Department will reimburse the Provider the total tuition amount as specified in Addendum One, less 90% of any estimated Pell grant, for each trainee, based on course selection, at the time of emollment, For reimbursement, the Provider must submit on original and two copies of the DSS-1571, Part IV, by the tenth of the month following the month of enrollment to the designed Contract Administrator. The Department will reimburse the Provider monthly upon receipt of a complete and correctly filed report. Tuition will be reduced for trainees who exit the training early in accordance with the refund policy described in the Provider's attached catalog., The Provider will maintain an individual tuition record for each trainee and tuition will be reduced by ninety percent (90%) of any Pell Grant received by the Provider on behalf of the trainee. Ten Percent (10%) of the total of any Pell Grant received by the Provider will be disbursed to the trainee. The Provider wil] furnish the Department with a list of any Pell Grant disbursements to trainees monthly as an attachment to the DSS-1571. At the time of enrollment the Provider will execute a student agreement that indicates the portion of the Pell Grant to be applied to the cost of'tuition based on the Provider's initial determination of eligibility for a Pell Grant. When it is determined that an estimated Pell Grant will not received or, if the grant amount is different than the estimate, the Provider will invoice (or credit) the Department so that the tuition (including refunds for early terminations) is not overpaid or underpaid. In no case will cumulative net invoices exceed the grant amount.. The Provider will notify the Department of any other grants that would offset tuition a proper accountability will be documented on the monthly reimbursement request, No cost will be duplicated that is charged to any U..S.. Department of Labor technical assistance grant.. SECTION XII: Audit Requirements This is not a financial assistance contract, therefore there are no audit requirements. Page 4 of 6 SECTION XIII: Final Program Reporting Requirements Within 30 days of completion of the conhact, the provider will submit any required written reports to the Department. These reports include, but are not limited to: • CET Clients Referral Status Report • CET Placement Report for FY-T-D • DSS 1571 Monthly Report of Service Delivery • Monthly Individual Enrollee Progress Report • Annual Report on Placement, Type Placement, and Retention SECTION XIV: Amending the Contract This contract, in whole or in part, maybe amended at any time by written statement: A, By the Department in the event that revision is necessary to meet new or revised roles, regulations, law, policies and standards as affected by this contract; or B. By the Provider with the approval of the Department in the event that revision is necessary due to alterations in the activities/service(s) described in the contract and CET Program Narrative; or C, By mutual consent of both parties, D, To extend the length of the contract up to two additional one year period,. SECTION XV: Termination This contract, in whole or in part, maybe canceled at any time: A. By either party, with cause, upon at least thirty (30) days notice, in writing, and delivered by registered mail with return receipt requested, or in person; or' B. By the Department in the event funds which have been allocated by the Division of Social Services are eliminated or reduced to such an extent that, in the sole determination of the Department, continuation of the obligations at the levels stated herein may not be maintained,. The obligations of each party shall be temrinated, to the extent specified in the notice of termination, immediately upon receipt of notice of termination from the Department; or C. By the Department if the Provider: (1) is determined to be in violation of terms of this contract and/or applicable Federal, State, and County laws, regulations and policy; and/or (2) fails to maintain program certification or licensure; or D. By mutual consent of both parties. After receipt of a notice of termination, and except as otherwise directed by the Department, the Provider shall cease work under the contract on the date, and to the extent specified, in the notice of termination.. The Department shall pay the Provider the agreed upon amount for the delivery of services under the terms of this conttact up to the effective date of termination. Reimbursed shall not be made for property or supplies purchased after the notice of termination is received except as approved by the Department. SECTION XVI: Waiver by the Department Waiver by the Department of any default or breach in compliance with the terms of the contract by the Provider shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this contract unless stated to be such in writing, signed by an authorized representative of the Department and attached to the contract. Page 5 of 6 7 SECTION XVII: Specified Attachments 1. Addendum One: Tuition Schedule 2, Addendum Two: CE.T Quick Facts SECTION XVIII: Pre-Audit Statement and Signatures This contract has been pre-audited in the manner required by the Local Government Budget and Fiscal Control act. Signature: Center for Employment Training, Inc. By: Title Orange County Finance Officer (SEAL) Date: 94-1 65 83 1 1 (Federal Tax ID#) Orange County Department of Social Services By: Title: Director Date: WITNESS WITNESS (SEAL) Chair, Social Services Board Date: Chair, County Commissioners Date: Page 6 of 6