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HomeMy WebLinkAboutAgenda - 06-05-2001-8mt ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 5, 2001 Action Agenda Item No. ~~ SUBJECT: Contract Renewal Between Orange County and the Center for Employment Trainin DEPARTMENT: Social Services PUBLIC HEARING: (Y/N) No .ATTACHMENT(S): INFORMATION CONTACT: Training Contract Martin Whitt , ext 2858 Gwen Price, ext 2885 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider a contract between Orange County Department of Social Services and the Center for Employment Training (CET). BACKGROUND: The Center for Employment Training is aself-paced, individualized, open entry/open exit training program. The training program is designed for individuals whose language, reading, and math skills are limited. CET provides vocational training, as well as job development and placement services for students. These services are offered at the Center for Employment Training in Durham and do not impact programs offered at the Skills Development/JobLink Center. Orange County Department of Social Services has referred participants to CET for the past 4 years. During this four year period, the State of North Carolina has covered the costs of tuition for Work First participants. The NC Division of Social Services has allocated funds to cover the cost of tuition through the TANF Block Grant. The attached contract for $fi0,000 for Fiscal Year 2001-2002 will cover the cost of vocational training and job placement for 10 Work First participants. CET has successfully placed seventy percent of Work First participants in employment of at least 30 hours per week with benefits. FINANCIAL IMPACT: The cost of the training contract is included in the TANF Block Grant. RECOMMENDATION(S): The Manager recommends approval of the training contract with the Center for Employment Training. COUNTY OF ORANGE DEPARTMENT OF SOCIAL SERVICES ,TRAINING CONTRACT WITH CENTER FOR EMPLOYMENT TRAINING This contract is entered into by the Orange County Department of Social Services (hereinafter referred to as the Department) and Center for Employment Training (CET), Inc. (hereinafter referred to as the Provider), or the purchase of specific activities as described therein. This contract is subject to the provisions of all applicable Federal, State, County laws, regulations, policies and standards. This contract shall consist of this document and any specified attachments in Section XVIII on page 6. SECTION I: Effective Period 'This agreement shall be in effect from July 1, 2001 through June 30, 2002 . SECTION II: Responsibilities A. The Department will: 1. Refer Work First participants to the Provider for enrollment and reimburse the Provider far activities provided as described in this contract and: and 2. Provide consultation and technical assistance to the Provider as needed: and 3. Provide transportation, child care, and case management services to Work First participants; and 4. Accept fiscal responsibility for deviation from the terms of this contract as a result of acts of the Department or any of its officers, employees, agents or representatives, and B. The Provider will: 1. Provide activities, as specified in this contract; and 2. Assume responsibility for all associated cost in the event the Provider has to relocate; and 3. Submit programmatic reports as requested by the Department and assist the Department in meeting all reporting requirements to State and other agencies; and 4. Accept fiscal responsibility for deviations from the terms of this contract as a result of acts of the Provider or any of its officers, employees, agents or representatives; and 5. Maintain fiscal books, record, documents arid other evidence which reflect all direct and indirect costs expended under this contract; and 6. Comply with a111aws, regulations policies and standards applicable to the program under contract; and 7. The Provider will not encourage and/or assist any Work First trainee to obtain any educational loans; and 8. Furnish worker's compensation, liability insurance, and other insurance as may be required to protect the Provider and the Department against claims which may arise from the Provider's performance; and Page 1 of 6 9. Obtain the approval from the Department, through the submission of a course curriculum and labor market survey information, prior to implementing any training course other than, Automated General and Medical Office Skills, Electronics Technology, Medical Insurance Billing, and Shipping and Receiving/Warehouse. 10. Agree to participate in program, fiscal and administrative monitoring or audits, making records and staff time available to Federal, State and county staff; and 11. Comply with Tiles VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 and all requirements imposed by Federal regulations, rules and guidelines issued pursuant to these Titles of both personnel employed and clients served; and 12. Maintain client records which date and document, in accordance with established policy, the service delivered to the individual, a valid authorization for service, program records documents and other evidence which reflects program operations; and 13. Restrict the use or disclosure of information obtained in connection with the administration of North Carolina's programs for the provision of services concerning applicants for and recipients of those services to purpose directly connected with the administration of the service program; and 14. Furnish information to the Department, as requested, to support the performance of activities pursuant to this contract and the full cost of activities; and subthit changes, as needed or required, in the contract or any materials included in this contract or approved supporting information for review and approval by the Department; and 15. Take the necessary steps for corrective action, as negotiated within a corrective action plan, for Any items found to be out of compliance with Federal, State, and County laws, regulations, standards and/or terms of this contract; and 16. Maintain and administer in accordance with sound business practice, program for the maintenance, repair protection and preservation for property purchased under the terms of this contact and keep a current, complete inventory of all equipment so purchased; and 17. Notify the Department representative within three work days of any trainees attendance or performance problems, and of any trainee expressing a desire to withdraw from the training program, and of trainees that enter employment. 1$. Place in employment 70% of the Work First trainees who complete the pmgram, and place 70% of those employed in a training related job utilizing their skills acquired in their course of study (i.e., skills areas in which enrolled) at CET. SECTION III: Access to Records All fiscal and program records are to be retained for three years after final payment or until all audits continued beyond this period are completed. In the event the Provider dissolves or otherwise goes out of existence; records produce under this contract will be turned over to the Department. These records shall be subject at all reasonable times to inspection, review or audit by duly authorized County, State and Federal officials. SECTION IY: Liabilities and Legal Obligations The Provider an the Department shall be liable for the act of omissions of their respective employees in the performance or service covered under the terms of this contract to the extent permitted by applicable law. Page 2 of 6 The Provider is and shall be deemed to be an independent contractor in the performance of this contract and agrees to indemnity and save harmless the Department against any claims of third parties arising out of any act of omission of the Provider, its agents employees and subcontractors in the performance of this contract. SECTION V: Subcontracting The Provider shall not subcontract any of the work contemplated under this contract without obtaining PRIOR WRITTEN APPROVAL from the Department. Any approved subcontract shall to all conditions of this contract. The Provider shall be responsible for the performance of any subcontractor. SECTION VI: Right to Data The Department may duplicate, use and disclose all data delivered under this contract. The Provider may copyright data generated as a result of the contract, however, this data shall not be marked for profit by the Provider. Additionally,'the Provider grants to the Department a royalty fee, non-exclusive, irrevocable license to publish, translate, reproduce, deliver, perform and dispose of all data now or hereafter covered by such copyright. With respect to data not originated in the performance of this contract, the above license shall be only to the extent that the Provider has the right to grant such license without becoming liable to pay compensation to others because contract shall acknowledge the support provided by the Department. SECITON VII: Determination of Participant Eligibility The Department has the responsibility of intake, initial determination and redetermination of eligibility for service(s), in accordance with Federal, State, and County regulations. It is the responsibility of the Department to notify the provider of the eligibility status of each individual for the service(s), the period of time for which service(s) are authorized, and any changes in the eligibility status. This is done thur the use of Form DSS-1360 (Rev.4/94) for Work First Program participants. The Provider may not be reimbursed under this contract for clients who were served in the absence of a valid DSS-1360 (Rev: 4/94) or for any period of time not covered by an authorized DSS-1360 (Rev.4/44) SECTION VIII: Conflict of Interest The Provider expressly status that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict, in any manner or degree with the performance of service required to be performed under this contract. The Provider further agrees to notify the Department in writing of any instance that might have the appearance of a conflict of interest. Upon execution of this contract and prior to disbursement of funds, the Provider shall submit to the Department a notarized copy of the Provider's policy addressing conflict of interest in accordance with the North Carolina law. SECTION lX: Treatment of Assets Treatment of assets acquired under this contract shall be subject to the following. A. Ownership of property purchased by the Provider under the terms of this contract for which reimbursement by the Department is based upon the actual purchase cost of the property shall immediately vest with the Department upon such reimbursement. B. The Department shall have no claim to property purchased by the Provider under the terms of this Contract for which reimbursement by the Department is based upon on approved depreciation schedule or use allowance. Interest charges on rented/leased equipment are not reimbursable. SECTION X: Administrator for the Contract The persons named below shall be administrators far the respective parties and shall be the person to wham notices provided for in this Contract shall be given and to whom matters relating to administration or interpretation of this Contract shall be addressed. Either party may change its administrator or his address or his telephone number by written notice to the other party. Page 3 of 6 For the Department: Martin Whitt, Acting Director Orange County Department of Social Services P. O. Box 8181 Hillsborough, NC 27278' (919)732-8181 For the Provider: Russell Tershy Executive Director 701 Vine Street San Jose, California 95110 (401)287-7924 SECTION XI: Fiscal Provisions The Department will reimburse the Provider for services described in the contract document up to the budgetary limits of the.contract allotment from Work First funds allocated to the Department for purpose of this contract. The maximum amount of reimbursement for the period of July 1, 2001 through Tune 30, 2002, shall not exceed $b0,000. The Department will reimburse the Provider the total tuition amount as specified in Addendum One, less 9.0% of any estimated Pell grant, for each trainee, based on course selection, at the time of enrollment. For reimbursement, the Provider must submit on original and two copies of the DSS-1571, Part 1V, by the tenth of the month following the month of enrollment to the designed Contract Administrator. The Department will reimburse the Provider monthly upon receipt of a complete and correctly filed report. Tuition will reduced for trainees who exit the training early in accordance with the refund policy described in the Provider's attached catalog. The Provider will maintain an individual tuition record for each trainee and tuition will be reduced by ninety percent (90%) of any Pell Grant received by the Provider on behalf of the trainee. Ten Percent (10%) of the total of any Pell Grant received by the Provider will be disbursed to the trainee. The Provider will furnish the Department with a list of any Pell Grant disbursements to trainees monthly as an attachment to the DSS-1571. At the time of enrollment the Provider will execute a student agreement which indicates the portion of the Pell Grant to be applied to the cost of tuition based on the Provider's initial determination of eligibility for a Pell Grant. When it is determined that an estimated Pell Grant will not received or, if the grant amount is different than the estimate, the Provider will invoice (or credit) the Department so that the tuition (including refunds for early terminations) is not overpaid or underpaid. In no cse will cumulative net invoices exceed the grant amount. The Provider will notify the Department of any other grants that would offset tuition an proper accountability will be documented on the monthly reimbursement request. No cost will be duplicated that is charged to any U.S. Department of Labor technical assistance grant. SECTION XII: Audit Requirements This is not a ftnancial assistance contract, therefore there are no audit requirements. SECTION XIII: Final Program Reporting Requirements Within 30 days of completion of the contract, the provider will submit any required written reports to the Department. These reports include, but are not limited to: CET Clients Referral Status Report • CET Placement Report for FY-T-D • DSS 1571 Monthly Report of Service Delivery • Monthly Individual Enrollee Progress Report • Annual Report on Placement, Type Placement, and Retention SECTION XIV: Amending the Contract This contract, in whole or in part, may be amended at any time by written statement: 3 A. By the Department in the event that revision is necessary to meet new or revised rules, regulations, law, policies and standards as affected by this contract; or B. By the Provider with the approval of the Department in the event that revision is necessary due to alterations in the activities/service(s) described in the contract and CET Program Narrative; or C. By mutual consent of-both parties. D. To extend the length of the contract up to two additional one year period. SECTION XV: Termination This contract, in whole or in part, may be canceled at any time: A. By either party, with cause, upon at least thirty (30) days notice, in writing, and delivered by registered mail with return receipt requested, or in person; or B. By the Department in the event funds which have been allocated by the Division of Social Services Are eliminated or reduce tot such an extent that, in the sole determination of the Department, continuation of the obligations at the levels stated herein may not be maintained. The obligations of each party shall be terminated, to the extent specified in the notice of termination, immediately upon receipt of notice of termination from the Department; or C. By the Department if the Provider: (1) is determined to be in violation of terms of this contract and/or applicable Federal, State, and County laws, regulations and policy; and/or (2) fails to maintain program certification or licensure; or D. By mutual consent of both parties. After receipt of a notice of termination, and except as otherwise directed by the Department, the Provider shall cease work under the contract on the date, and to the extent specified, in the notice of termination. The Department shall pay the Provider the agreed upon amount for the delivery of services under the terms of this Contract up to the effective date of termination. Reimbursed shall not be made for property or supplies purchased after the notice of termination is received except as approved by the department. SECTION XVI: Waiver by the Department Waiver by the Department of any default or breach in compliance with the terms of the contract by the Provider shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this contract unless stated to be such in writing, signed by an authorized representative of the Department and attached to the contract. Page 5 of 6 SECTION XVII: Speci#ied Attachments 1. Addendum One: Course Descriptiom 2. Addendum Two: CET Training Narrative SECTION XVIII: Pre-Audit Statement and Signatures This contract has been pre-audited in the manner required by the Local Government Budget and Fiscal Control act. Signature: Orange County Finance Officer Date: Center for Employment Training, Inc. By: Title: Date: (Federal Tax ID#) Orange County Department of Social Services By: Title: c ~ Dir for Date: Chair, Social Services Board Date: WITNESS (SEAL) WITNESS (SEAL) Chair, County Commissioners Date: