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HomeMy WebLinkAbout2017-651 DSS - Regional Partnership Local Area (LA) - WIOA Building Futures Youth Program CONTRACT AGREEMENT This Contract Agreement is entered into between Regional Partnership Local Area (LA) as designee of the Governor of North Carolina under the Workforce Innovation and Opportunity Act (WIOA), Public Law 113-128, and Orange County Department of Social Services Contractor. WITNESSETH THAT: WHEREAS, the LA desires to engage the Contractor to render certain services in connection with activities to be funded and operated under the WIOA, as amended from time to time; WHEREAS, WIOA funds will be provided under the LA and the Division of Workforce. Solutions of the North Carolina Department of Commerce contingent upon receipt of funds from the United States Department of Labor(USDOL); and WHEREAS,the Contractor desires to render services under the Act. NOW THEREFORE,the parties hereto agree as follows: 1. EMPLOYMENT OF THE CONTRACTOR: The LA hereby engages the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained in this contract. 2. PURPOSE- This contract shall be the master agreement that establishes the terms and conditions of the agreement between the LA and the Contractor for activities funded under WIOA. To the extent that funds are available and no prohibitions apply, the LA agrees to fund the permissible activities of the,Contractor under the WIOA and the 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 federal register 20 CFR and the local area's WIOA Plan. 3. TIME OF PERFORMANCE: The services of the Contractor are to commence no later than July 1. 2017 and shall be undertaken in such a manner as to assure completion by June 30, 2018 as required in the Request for Proposal (RFP), with the exception of LA closeout procedures. All Contract costs must be incurred between these dates unless such dates have been modified in accordance with-this Contract. For the purpose of the statute of limitations, and in recognition of the fact that closeout procedures,audit,audit resolution and collection of disallowable costs will occur after the services period, this Contract shall not be considered completed until final action on Regional Partnership Workforce Development Board (Rev.6/7/17) Pagel f disallowed costs by the DWS and USDOL have been taken and the time for appeal of disallowed costs has expired. 4. COMPENSATION AND METHOD OF PAYMENT: The Contractor shall be compensated for the work and services to be performed under this Contract by monthly reimbursed based on allowable expenditures actually made. In no event will the total compensation exceed the sum of $276,353.38 refer to specific program allocations below. If funds are available, the LA will advance one-twelfth of the total contract amount for the purpose of start-up. Provided further, the Contractor acknowledges that the LA is receiving monies to fund WIOA activities from the state and that the LA's obligations to pay any funds is conditional upon receipt of such funds. The LA may impose restrictions upon the maintenance of excess cash by the Contractor consistent with the restrictions placed upon the LA by the State and the United States Treasury Department. Orange County WIOA Youth Program Allocation: $276,353.38 5. CONTRACTOR'S EXPENDITURE, ENROLLMENT AND PERFORMANCE BENCHMARKS: 1. The Contractor shall expend at least twenty-five percent (25%) of its funding by December 31,2017; and 2. Shall expend at least sixty percent(60%)of its funding by April 30,2018; and 3. Shall expend at least eighty percent(80%) of all funding by June 30,2018; and 4. Shall meet the WIOA common performance measures and enrollment levels as specified in the RFP. The LA will review enrollment levels by December 31, 2017 to ascertain acceptable levels. Acceptable levels shall be no less than fifty percent (50%) of the total number specified in the Contractor's RFP. Failure to meet this requirement may result in a de-obligation of funds. PY 17 Performance Goals/Common Measures: Employment Rate 2nd Quarter 68.0% 77.3% 71.0% Employment Rate 4th Quarter 71.0% 78.0% 63.0% Median Earnings $4,900 $6,750 Credential Attainment Within 4 Quarters 55.8% 60.0% 59.0% 6. DE-OBLIGATION OF FUNDS: The Contractor must meet the expenditure benchmarks specified by the April deadline date of the Performance Benchmarks or will be subjected to de-obligation of funds not expended. The funds will be returned to the LA. Regional Partnership Workforce Development Board (Rev.6/7/17) Page 2 7. STAFF/PARTICPANT RATIO: The Contractor shall maintain at all times the appropriate staff/participant ratio of 1-65 for Adult and Dislocated Worker Programs and 1-45 for the Youth Program. Participants in follow-up status are not counted in this ratio. Failure to comply with this LA requirement may result in the Contractor being placed in a probationary status with payments authorized under this contract withheld until such time that the ratio is in balance. Contractors must increase their staff to accommodate the increase of participants by hiring additional staff to handle the influx. Under no circumstances should potential customers be placed on a waiting list due to the staff/participant ratio exceeding the required limit. If a contactor experiences a hardship in meeting this requirement, he/she must notify the LA in writing detailing the hardship. 8. CONTRACTING FOR PROFESSIONAL SERVICES: Contractors must obtain written approval from the LA for all contracts for professional services. Written requests for such services must be in compliance with the LA's Contracting for Services 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: WIOA law, regulations, orders, circulars and issuances; applicable state laws, regulations, instructions and issuances; the Contractor's RFP as negotiated and attachments thereto in effect or promulgated during the term of this Contract or any extension thereof. B. Definitions: All definitions included in WIOA and the regulations promulgated under WIOA, in other applicable federal statutes,regulations, circulars 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. 10. SCOPE OF SERVICES: The Contractor shall diligently perform and carry out in a satisfactory and proper manner the work and services described in the RFP. 11. GEOGRAPHIC AREA: The 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. When funding permits and for special circumstances, the Contractor may enroll participants from other LA's, however, the Contractor must first request such enrollments from the LA. Regional Partnership Workforce Development Board (Rev.6/7/17) Page 3 12. COMPLIANCE WITH THE LAW; WAIVER OF LAWS: The Contractor shall comply with the terms of this Contract. The LA may endeavor to assist the Contractor to apply federal or state statutory or regulatory requirements, but the 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 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 requirements that may,by its terms,be waived by the Governor. 13. SUBCONTRACTING: The 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 Contractor. It is expressly understood that the delegation of any responsibility to a subcontractor shall not diminish the liability of the Contractor to assure compliance and that the 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 Contractor to its subcontractors. The 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 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 Contractor for expenditures made in violations of the Regulations promulgated under the WIOA, or in violation of any other regulations promulgated under the WIOA,or otherwise applicable. B. The LA shall not be liable to the 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 Contractor shall use accounting and record keeping procedures that assure proper accounting of funds and permit accessibility in monitoring, performance evaluation and audit. The 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 Regional Partnership Workforce Development Board (Rev.6/7/17) Page 4 respects, comply with the Office of Management and Budget Circular applicable to the Contractor's organizational structure. The 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 Contractor must provide the following information: Name,Title,telephone number of financial contact for your agency: (please type or print) ko� &VAon I ��� -Res��c�n N1a►�►�e/ G A-a,4 5. -4g03 Name/Title Telephone Number The 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 Contractor shall immediately notify the LA, the State, and the Secretary of the USDOL of all allegations of information creating suspicion and/or for instances of criminal misconduct, fraud, or willful or gross misconduct in connection with the program or the administering agency. Within thirty (30) 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 Contractor shall submit to the LA a signed closeout statement containing such information as required by the LA. The Contractor releases the LA from any obligation to pay any claim for costs incurred under the Contract that are not submitted with the closeout statement. Within the thirty (30) day closeout period, the 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 amounts in any budget line item. The filing of a petition in bankruptcy of insolvency by or against the Contractor or the filing of any foreclosure action, eviction proceeding or litigation that could threaten the ability of the 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 Contractor. The 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 Contractor. The LA may take recoupment actions and require repayment prior to exhaustion of appeal rights by the Contractor. Regional Partnership Workforce Development Board (Rev.6/7/17) Page 5 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 principles that generate program income (program income shall be treated for all purposes as funds under this Agreement). The 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 WIOA 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 the costs were unallowable. Any interest earned on advances will be considered program income and will be subject to the above provisions. Enrollments and NCWorks Online System: The Contractor will ensure all applicants are eligible before approving and entering the enrollment in NCWorks Online. The contractor shall ensure that participant files are approved and reviewed for accuracy for keying information and uploading and scanning documents into the NCWorks Online System. MCA"Q0,P ,� IyS� Contractor's Name/Title 15.BONDING: The Contractor shall procure a fidelity bond for all persons authorized to receive or disburse WIOA 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 the contract or $50,000 whichever is less. No payments authorized under this Contract shall be made to the Contractor until a copy of the bond has been furnished to the LA.. Submit a copy of the bond agreement. 16.MAINTENANCE OF RECORDS: All fiscal and program records and files must be secured in locked file cabinets. Note: As of July 1,2017, all active participant files at that time and all new participant files will be paperless and all pertinent information and documents will be scanned or uploaded into the NCWorks Online system. Only previous program years and exited files will remain in paper form. Contractors must purchase signature pads for online signatures. Regional Partnership Workforce Development Board (Rev.6/7/17) Page 6 The 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. Should audit proceedings be instituted concerning this Contract, the Contractor shall not destroy any records thereof until notified in writing that such records are no longer needed. All documents pertinent to WIOA activities remain the sole property of the LA and shall be transferred to the LA or the State upon demand.A 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 by program year with participants' names listed in alphabetically, 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 sub-recipients with regard to funded activities. 18.PROPERTY: The 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 WIOA 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 Contractor also acknowledges that all non-expendable property with a unit cost of$500 or more, purchased with WIOA funds or donated to the WIOA funded activity, is the sole property of the State and is recorded by the LA. The Contractor may not transfer, relocate or alter the use of any property hereunder without the prior written authorization of the LA. The Contractor is responsible for the proper identification, inventory and maintenance of property under its control. The Contractor will permit on-site inspections of all property by the LA,the State and USDOL. The Contractor shall procure the prior written approval of the LA to initiate any action involving acquisition by purchase, lease or trade, transfer, relocation, changed used or disposition of non-expendable property. The Contractor shall not be entitled to recover the costs of acquisition or transfer if such approval is not obtained. The Contractor shall send to the LA copies of all vendor invoices for non-expendable property purchased by the second(2nd)working day of the month following the purchases. The 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 Contractor anticipates the development of intangible property, such as works on which a copyright or patent is obtainable, the Contractor shall notify the LA and execute Regional Partnership Workforce Development Board (Rev.6/7/17) Page 7 a special amendment of this Contract acknowledging that the State has ownership of all works. The Contractor acknowledges that as to any works produced for hire, the State is the entity that has commissioned and paid for the works. The 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 covered by federal regulations shall be situated,transferred or disposed of according to instructions by the LA. All recipients shall establish written procurement procedures. These procedures shall provide for, at a minimum that A-C applies. A. Recipients avoid purchasing unnecessary item; B. 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; C. Solicitation for goods and services provide for all of the following: 1. 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; 2. Requirements which the bidder/offeror must fulfill and all other factors to be used in evaluation of bids or proposals; 3. 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; 4. The specific features of "brand name or equal" description that bidders are required to meet when such items are included in the solicitation; 5. The acceptance, to the extent practicable and economically feasible, of products and services dimensioned in the Metric system of measurements; 6. 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. Name/Title 19.PERSONNEL: EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION PLAN: Contractor assures full compliance with the nondiscrimination and equal employment opportunity provisions of the following: Section 188 of WIOA; 29 CFR 38; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; The Age Discrimination Act of 1975; title IX of the Education Amendments of 1972; and Title II Regional Partnership Workforce Development Board (Rev.6/7/17) Page 8 of the Genetic Information Nondiscrimination Act of 2008. The Contractor assures compliance with all other regulations implementing the laws listed above. This assurance applies to the Contractor's operation of the WIOA Title I-financially assisted program or activity. The Contractor understands that the United States has the right to seek judicial enforcement of this assurance. The WIOA Contractor must designate an Equal Opportunity Officer with sufficient expertise, authority, staff and resources to carry out their responsibilities. The Equal Opportunity Officer must be a senior level employee who reports directly to the individual in the highest-level position of authority for the Contractor. All grievances and complaints by WIOA participants involving allegations of discrimination, violations of the WIOA, or criminal fraud, abuse or misconduct must be processed according to the LA's Grievance/Complaint Procedures. The Contractor must provide the name of the staff responsible for EEO for staff: Name/Title 20. 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 met; that appropriate administrative procedures, controls and records are maintained; that policies are being followed; that Contract terms and conditions are being fulfilled; and that personnel and equal employment and opportunity requirements are being met. The Contractor shall permit and shall require its subcontractors to permit on-site visits by the LA, State, or USDOL designees; private questioning of employees and participants; and access for review or copying of Contractor or subcontractor records maintained for programs operated under this Contract. The Contractor shall attend and shall require its subcontractors to attend such meetings as requested by the LA regarding monitoring and/or evaluation of programs. The LA and/or state will provide assistance to the Contractor through periodic written guidelines and resources. Technical assistance will include training sessions. The LA will provide, as available, additional technical assistance upon request of the Contractor. i The LA will provide the Contractor with written notification of deficiencies discovered in review of its activities and will endeavor to provide the Contractor with reasonable time to take corrective action regarding deficiencies, except that reasonable time need not be given 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. Regional Partnership Workforce Development Board (Rev.6/7/17) Page 9 The failure of the LA to discover or notify the Contractor of deficiencies does not relieve the Contractor of its obligation to meet performance standards, maintain sound administrative and fiscal management, and assure equitable personnel and contractual requirements. The Contractor must identify the contact staff below for the financial and programmatic monitoring requirements. Financial Monittoring Contact: ``^^ 'CCA (�tktn -� j �-i5cOA Name/Title Programmatic Monitoring Contact: �0.mzq / Name/Title 21. COMPLAINTS AND HEARINGS: The 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 Contractor and shall result in a written determination by the Contractor. The LA shall have a complaint and hearing procedure for complaints and grievances arising between Contractor and the LA and for appeal of certain complaints and grievances as described in the preceding 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, USDOI, or to the courts. The complaint and hearings procedures hereunder will comply with the Act and with State law. 22.PREVENTION OF CONFLICTING INTEREST: A. Interest of Contractor: The Contractor covenants that neither the Contractor nor its agents or current employees 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 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 WIOA. The Contractor further agrees that in the performance of this Contract an individual having any such interest shall not be employed by the Contractor as an agent, subcontractor or otherwise. Regional Partnership Workforce Development Board (Rev.6/7/17) Page 10 B. Interest of WDB: No officer, member or employee of the WDB and no public official of any local government_which is affected by WIOA activities shall participate in any decisions relating to this Contract which affects his/her personal interest or the interest of any corporation, 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. 23.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 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. 24. TERMINATION FOR CAUSE OR CONVENIENCE: The Regional Partnership Workforce Development Board(RPWDB)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 RPWDB whenever it determines that such termination or suspension is in the best interest of the LA. Termination of work hereunder shall be effected by delivery of the 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 Contractor shall cancel outstanding commitments covering the procurement or rental of materials, supplies, equipment and miscellaneous items.In addition,the 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 termination to the extent that they relate to the performance of any work terminated by the notice. With respect to such canceled commitments,the 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 RPWDB, at the time and to the extent directed by the RPWDB, all of the rights, title and interest of the Contractor under the orders subcontractors so Regional Partnership Workforce Development Board (Rev.6/7/17) Page 11 terminated. The RPWDB 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 Contractor shall fail to fulfill in a timely and proper manner its obligation under this Contract, or if the 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 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 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 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 Contractor and the LA may withhold payment of any additional sums as security for payment of damages caused by the 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 Contractor. 25.EXTENSION OF CONTRACT: The LA may extend a contract for an additional year through a contract amendment. 26. SEVERABILITY: DISCRETION OF RPWD: 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. Action taken by the Contractor or its sub-recipients in violation of any applicable provision of the state open meetings law shall not be valid. 27. SANTIONS: FINANCIAL LIABILITY: The 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. In the case of the Contractor not being in compliance as to over or under expenditure of cost categories,participant ineligibility, and when adjustments to the WIOA 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 according to OMB Super Circular 2 CFR Part 200 according to WIOA. The Contractor will be allowed fourteen(14) days to enforce corrective actions and submit said copy of corrective action to the LA. Regional Partnership Workforce Development Board (Rev.6/7/17) Page 12 The Contractor shall repay the LA from nonfederal funds any amounts expended under this Contract by it or by its subcontracts; by 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 Contractor in incurring disallowed costs. The 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 Contractor and the LA, by requiring the 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. 28. WAIVER OF CLAIMS/AGREEMENTS: The Contractor waives any and all claims arising out of this Contract against the State and the LA and/or the RPWDB. The Contractor acknowledges that the State,the LA and/or the RPWDB 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 Contractor agrees to protect, defend, indemnify and hold the foregoing parties harmless, from any claims for liability arising out of the performance of this Agreement; and the 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 Contractor or its subcontractor(s). This Agreement shall not affect the enforceability of any other written agreement between the parties. 29. ASSURANCE AND CERTIFICATIONS: A. General Assurances: The Contractor assures that it will fully comply with the requirements of the WIOA, Public Law 113-128 and all Federal Regulations issued pursuant to the Act, with the Governor's Coordination and the WIOA Plan approved by the RPWDB, the Chief Elected Official and Division of Workforce Solutions(DWS). The Contractor,in administering or in operating programs funded under the Act, assures that it will administer its programs under the WIOA in full compliance with safeguards against fraud and abuse as set forth in WIOA and the WIOA regulations and known incidents or suspected incidents of fraud, program abuse or criminal conduct shall be reported to the LA and DWS; that no portion of its WIOA 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, Regional Partnership Workforce Development Board (Rev.6/7/17) Page 13 handicap, or political affiliation or belief; that it will target employment and training services to those most in need of them. The Contractor, in administering or in operating programs under the Act, assures that it will administer its program under the WIOA in accordance with the following provisions: (1) WIOA will not fund training activities in which the participant fails to participate without good cause; (2) Will not fund a training activity a second time; and (3) Work-based learning activities 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 the Fair Labor Standards Act of 1938 or the applicable State minimum wage law.the minimum wage under the Fair Labor Standards Act of 1938. The Contractor, in administering or in operating programs under the WIOA, assures that training costs supported by other Federal (e.g., PELL grants, DSS, VA, DOL), State or local programs are identified to ensure WIOA costs are used to supplement other programs or to pay costs when other funding is not available. WIOA participants shall be encouraged to seek financial aid from other sources and the Contractor will assist participants in the completion of applications. The Contractor further assures that, where WIOA participants are determined to be receiving other financial assistance, double billing for the same services shall not occur. However, WIOA funds should be used in conjunction with other grants and aid where funds from the different sources are used to pay for different services. Coordination of funds with other programs is to be well documented in case notes. The Contractor, in administering or in operating programs funded under the WIOA, assures that it will administer its programs 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 Contractor, in administering or in operating programs funded under the WIOA, assures that all participants employed in an 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 Contractor, in administering or in operating programs under the Act, assures that no funds available under the WIOA 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. Regional Partnership Workforce Development Board (Rev. 6/7/17) Page 14 The Contractor,in administering or in operating programs under the WIOA, 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 location. The Contractor, in administering or in operating programs under the WIOA, 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 workforce 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 Contractor,in administering or in operating programs under the WIOA,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 the WIOA. The Contractor,in administering or in operating programs under the WIOA, 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 Contractor,in administering or in operating programs under the WIOA,shall ensure that all programs: 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 WIOA. C. Certification Regarding Lobbying: The Contractor certifies,to the best of his/her knowledge and belief,that: 1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the Contractor, 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 loan, the entering into of any cooperative agreement, Regional Partnership Workforce Development Board (Rev.6/7/17) Page 15 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 Contractor shall complete and submit Standard Form- LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The 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 sub- recipients shall certify and disclose accordingly. 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 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 from participation in this covered transaction,unless authorized by the DOL. 6) The 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. Regional Partnership Workforce Development Board (Rev.6/7/17) Page 16 D. 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. E. Additional Assurances: In administering programs under the WIOA and/or the North Carolina Employment and Training Grant Program,the Contractor assures and certifies that: 1) It will comply with Title VII of the Civil Rights Act of 1964(Public Law 88-352). 2) It will comply with the provision of the Unif6rm 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 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 DWS, 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 funds permit and the Contractor agrees to accept an individual from another LA. 6) It will provide assurances that it is in compliance with the requirements of the Military Selective Service requirements which will be documented and verified in the NCWorks Online system or with other documentation during application. Documents verified will be scanned into the NCWorks Online system. 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 sub-grants in excess of$2000 for construction or repair awarded by recipients and sub-recipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by 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 sub-recipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give Regional Partnership Workforce Development Board (Rev. 6/7/17) Page 17 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 WIOA regarding 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 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. 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. 16)Drug-Free Workplace requirement, WIOA states that general fiscal and administrative rules that apply to the use of WIOA title 1 funds include: (d) Government-wide debarment and suspension, and government-wide drug-free workplace requirements. All WIOA Title I 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: a) The purpose 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 in 40 CFR. 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. Regional Partnership Workforce Development Board (Rev.6/7/17) Page 18 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. 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's 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 employment 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 numbers)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 Regional Partnership Workforce Development Board (Rev.6/7/17) Page 19 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 1-6. 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) Place of Performance: ('d �y1+� �� o��x.�►, �e,rv�c�5 Street Address: 3 N aq o City/County/State/Zip Code: 1���5�� �, �Q�iP /NC•/a � g 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. Contractor Signature Date Title Regional Partnership Workforce Development Board (Rev.6/7/17) Page 20 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 published in Federal Register. (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. 4-1,;1712 Authorized Aepre#ntative9s Signature/Title Date Regional Partnership Workforce Development Board (Rev.6/7/17) Page 21 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* sub-recipients 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 than$100,000 for each such failure. C p Q(R n Q AWV qk ,�a� SQY CQ.. i'�� r� �, \fa rR � 4(aWl Contractor/WIO Organization(name) Program Title Signature of Contrifitoes 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). Regional Partnership Workforce Development Board (Rev.6/7/17) Page 22 IN WITNESS WHEREOF, the Regional Partnership Local Workforce Area and the WIOA Contractor mutually agree to abide by the terms and conditions enumerated herein and hereby execute this Contract Agreement. WIOA CONTRACTOR: ADMINISTRATIVE ENTITY: Orange County Department of Regional Consolidated Services Social Services 221 S.Fayetteville St. Post Office Box 8181 Post Office Box 1883 113 Mayo St. Asheboro,NC 27024-1883 Hillsborough;NC 27278 g R Signature Date ignature Date 0-,a . - � Ta4es W So 0 Printed Name Printed Name Title Title Regional Partnership Workforce Development Board (Rev.6/7/17) Page 23 This page intentionally left BLANK Regional Partnership Workforce Development Board (Rev.6/7/17) Page 24