HomeMy WebLinkAbout2017-653 DSS - Regional Consolidated Services WIOA Adult and Dislocated Workers Program� 0 (' — 0
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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 -1?8, aD,' 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
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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 $297,625.48 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 Three -Month Allocation:
Adult: $20,297.55
Dislocated Worker $21,843.41
Orange County Nine -Month Allocation:
Adult: $139,098.35
Dislocated Worker $116,386.17
5. CONTRACTOR'S EXPENDITURE, ENROLLMENT AND PERFORMANCE
BENCHMARKS:
1. The Contractor shall expend at least one hundred percent 1( 00 %) of its three -month
allocation 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 REP. 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% 1
60.0% 1
59.0%
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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.
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
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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.
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.
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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
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 tf-or your Ragency: (,please type or print)
\' ` CY�n� nt`A / t''0,` 1\Q,S�G �C�1 q� 1� a� j • ��
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.
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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.
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.
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.
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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 siLnatures.
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 (2 "d) 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
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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
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.
rG+ ()Gt
Name /Title
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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
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:
-,6ctr��o� ) Rl&
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.
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
Regional Partnership Workforce Development Board
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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.
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 Monitoring Contact:
A;G�\ GU,N�o Ir\ Z ��xc\�
Name /Title
Programmatic Monitoring Contact:
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Name/Title
� kale,/-
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
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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.
B. Interest of "B:
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
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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
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.
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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.
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).
Regional Partnership Workforce Development Board
(Rev. 6/7/17) Page 13
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,
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.
Regional Partnership Workforce Development Board
(Rev. 6/7/17) Page 14
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.
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.
Regional Partnership Workforce Development Board
(Rev. 6/7/17) Page 15
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,
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 Forth 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
Regional Partnership Workforce Development Board
(Rev. 6/7/17) Page 16
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.
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 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 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
Regional Partnership Workforce Development Board
(Rev. 6/7/17) Page 17
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
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.
Regional Partnership Workforce Development Board
(Rev. 6/7/17) Page 18
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.
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
Regional Partnership Workforce Development Board
(Rev. 6/7/17) Page 19
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. Malting 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:
Y1�
J �1�l ar ✓,
v
Street Address: �i�j MMO 'j) r t2
City /County /State /Zip Code: t� I'70i�U �1 X11 CAv�n� w
Ij
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.
Signature
Title
WMAM
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.
Authorized Representative's 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 , AAW c4 Di51QCA0_Vo(
Con actor/WI A Organization (name) Program Title
Signature of C(id'ractor's 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 W10A
Contractor mutually agree to abide by the terms and conditions enumerated herein and hereby
execute this Contract Agreement.
WIOA CONTRACTOR:
Orange County Department of
Social Services
Post Office Box 8181
113 Mayo St.
Hillsborough, NC 27278
ADMINISTRATIVE ENTITY:
Regional Consolidated Services
221 S. Fayetteville St.
Post Office Box 1883
Asheboro, NC 27024 -1883
A1,W117 -�
Signature Date ignature Date
17/ iG . i
Printed Name Printed Name
Title
ter 10 i rCC
Title
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