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HomeMy WebLinkAboutOTHER-2023-046-Approval of Contracts with Capital area workforce development CAWD for workforce innovation and opportunity act program services d (Y 1 Contract Number . EC000000O0010050 ( Please reference this number on your invoices for payment) CAWD - WOIA Department : 58 - Capital Area Workforce Development Vendor : VC0000003108 - COUNTY OF ORANGE Description of Services : Orange County DSS will serve as the service provider of the NCWorks NextGen center of Orange County . The goal of DSS is to provide effective and comprehensive activities to out - of- school and in - school youth seeking assistance in achieving academic and employment success . These activities will include access to the 14 youth program elements . All participants will be attached to a Career Advisor who will serve as a guide through assessment, program enrollment, goal development and WIOA services . BOC Date Approved : Contract Start Date : 7/ 1/2023 Contract End Date : 6/30/2024 Max Amount Payable : $ 184, 353 . 79 j Funding Source ( s) : X Federal State County Grants Other None CFDA # 17 . 259 i BFY Acct Template Object Description Amount 9999 58W283 4252 To provide WIOA Youth services in Orange County $ 184, 353 . 79 Competition . RFP# : Next Competition : NOT APPL Year Last Competed : NOT APPL Person Responsible for Monitoring the Contract Performance Requirements : Thomas Pulickal I • Partnership Funds provided under this agreement shall be used to implement a comprehensive youth service delivery i system, which includes the fourteen required WIOA youth program elements as described in Section 129 (c) (2) of the law . The availability , through WIOA funds and collaboration with other resources , of the fourteen ( 14) required elements must be assured by the Service Provider in order to assess each youth ' s I individual needs and to tailor services to identified needs . Services shall be provided to both in - school and out- of- school youth . Not less than 75 % of the WIOA funds must be spent on out- of- school youth . Not less than 25 % of WIOA funds must be spent on Work-Based Learning . All youth served shall be ages 14 -24 and shall meet the WIOA youth eligibility requirements specified by Capital Area and WIOA Final Regulations . As part of a year round strategy to improve youths ' academic achievement and build connections between work and education, the Service Provider shall partner with the public schools , alternative schools , community colleges , and training providers to extend learning opportunities for both in - school and out- of- school youth . In- school- youth who are assessed to be basic skills deficient shall have at least one basic skill goal as part of their individual service strategy . Instruction options that vary from one - on-one tutoring and computer-based remediation to work-based learning opportunities shall be available to all youth . A variety of workforce development activities shall also be provided to help in school and out- of- school youth identify personal and vocational interests and to begin to work toward long - term employment goals . The Service Provider shall ensure that the following requirements are met for all youth who are served ility determination, verification and certification, WIOA enrollment, under this agreement : eligib comprehensive assessment, individual service strategy (ISS ) , comprehensive case management, information and referrals , appropriate WIOA service elements , including not less than 12 months of follow-up services . 3 . Management Information System and Accountability . Accountability is an essential aspect of the administration of the Workforce Innovation and Opportunity Act. WIOA services and outcomes must be tracked, and state and federal reporting requirements must be met. The North Carolina Division of Workforce Solutions has developed an automated Management Information System through Geographic Solutions called Virtual One - Stop (VOS ) to provide for the storage and maintenance of data that is necessary to comply with state and federal requirements . The Division of Workforce Solutions uses information in this system to determine each Local Area ' s outcomes on the federal WIOA Primary Indicators of Performance . An individual participant record is created in VOS for each youth served under WIOA . The Service Provider shall use the VOS system to track all WIOA participants from initial contact through intake/application, eligibility, enrollment into WIOA activities , case management, exit from WIOA, and 3 • All marketing materials must be approved by Capital Area prior to use and distribution and must include the following language . o A Capital Area Workforce Development Board Funded Initiative o Equal Opportunity Employer/Program Auxiliary aids and services available upon request to persons with disabilities . • The Service Providers must include the common one - stop identifier "A proud partner of the American Job Center Network" on all products , programs , activities , services , and related property and materials used in the one - stop system . • Service Providers are required to use Capital Area WIOA forms . • Service Providers must adhere to and meet WIOA Primary Indicators of Performance and additional Capital Area Performance Measures . 7 . Communication Between Capital Area and the Service Provider . It is the intent of Capital Area to communicate on a regular and on- going basis with Service Provider staff to promote high quality services for customers and to ensure accountability to Capital Area for contract compliance and achievement of WIOA Primary Indicators of Performance and Capital Area Performance Measures . During the contract term, Capital Area shall use various means to communicate with Service Provider staff for the purposes of information exchange , transmitting new and/or revised procedures , policies , guidelines , etc . , and for purposes of requesting programmatic and fiscal information, data, reports , and/or corrective actions as needed from the Service Provider . Capital Area shall notify the Service Provider contract signatory by written letter or memorandum, if and when, Capital Area staff efforts to communicate by generally accepted business methods , including, but not limited to , in -person conversations , telephone conversations , e -mail, and scheduled meetings with the Service Provider staff, do not result in a satisfactory or acceptable response from the Service_ Provider. A_ copy of the written notice of the Service Providers Failure to Respond" will be placed in the Service Provider ' s contract file maintained by Capital Area . 8 . Compensation . Capital Area will pay the Service Provider from Title I Workforce Innovation and Opportunity Act Grant funds for services described above and in Attachment A . Funds awarded under this agreement are available after July 1 , 2023 subject to the payment procedures herein . Compensation may be withheld or delayed in the event of failure to timely comply with the payment procedures set forth herein . Allowable costs shall include only those items specified in the Service Provider Budget, Attachment B . Payment will not exceed the sum of One Hundred Eighty-Four Thousand Three Hundred Fifty - Three Dollars and Seventy Nine Cents ($184, 353. 79) per twelve-month period, with no minimum amount due . Any unexpended or surplus funds shall be returned by the Service Provider to Capital Area within 15 days of the termination date of this Contract . The payment procedure under this Contract shall be in accordance with the following : 5 Such records shall then be transmitted to Capital Area for acceptance in an orderly fashion with documents properly labeled and filed and in an acceptable condition for storage . 11 . Disallowed Costs . The Service Provider agrees to refund to Capital Area any/all expenditures under this Contract which are disallowed in future audits . All funding paybacks must be made using non-federal dollars . This provision survives the Term of Agreement . 12 . Termination of Agreement for Cause . a . If, for any cause , the Service Provider shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Service Provider shall violate any of the covenants , or provisions of this Contract, Capital Area shall thereupon have the right to terminate this Contract by giving written notice to the Service Provider of such termination and specifying the effective date thereof, at least ten ( 10) days before the effective date of such termination . In such event, the Service Provider shall be entitled to receive just and equitable reimbursement for costs properly incurred, prior to termination, subject to submission of any performance reports . b . If, for any cause , Capital Area shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if Capital Area shall violate any of the covenants , or provisions of this Contract, the Service Provider shall thereupon have the right to terminate this Contract by giving written notice to Capital Area of such termination and specifying the effective date thereof, at least ten ( 10) days before the effective date of such termination . In such event, the Service Provider shall be entitled to receive just and equitable reimbursement for costs properly incurred, prior to termination, subject to submission of any performance reports . c . Notwithstanding the above and unless otherwise specified herein , the Service Provider shall not be relieved of liability to Capital Area for damages sustained by Capital Area by virtue of any breach of the Contract by the Service Provider, and Capital Area may withhold any payments to the Service Provider for the purpose of setoff until such time as the exact amount of damages due Capital Area from the Service Provider is determined . Additionally , Capital Area shall not be relieved of liability to the Service Provider of damages due the Service Provider . 13 . Termination for Convenience . a . The performance of work under the Contract may be terminated, in whole , or in part, by Capital Area whenever it is determined that such termination or suspension is in the best interest of Capital Area . Termination of work hereunder shall be affected by delivery to the Service Provider of a Notice of Termination specifying the extent to which performance of work under the Contract is terminated and the date upon which such termination becomes effective . In no instance shall a termination for convenience be effective in less than ninety (90) days after receipt of notice thereof. for any expenses paid or incurred by the Service Provider unless otherwise agreed in writing . The Service Provider shall supply, at his sole expense , all equipment, tools , materials , and supplies required to provide the contracted services unless otherwise agreed in writing . The Service Provider shall comply with all federal, state , and local laws regarding business permits , certificates and licenses that may be required to carry out the services to be performed under this contract. The Service Provider shall insure that all personnel engaged in work under this Agreement shall be fully qualified and shall be authorized under state and local law to perform the services under this contract . 17 . Standards of Conduct . The Service Provider hereby agrees that in implementing this Contract, it will comply with the standards of conduct, hereinafter specified, for maintaining the integrity of the project and avoiding any conflict of interest in its implementation . a . General Assurance - Every reasonable course of action will be taken by the Service Provider to maintain the integrity of this expenditure of public funds and to avoid any favoritism or questionable or improper conduct . This Contract will be implemented in an impartial manner, free from personal, improper financial or political gain . The Service Provider, its executive staff, and employees , in implementing this Contract, will avoid situations that give rise to a suggestion that any decision was influenced by prejudice , bias, special interest, or personal gain . b . Conducting Business Involving Relatives . With respect to the duties performed under this contract, no relative by blood, adoption, or marriage (for the purpose of this Contract, "relative by blood, adoption, or marriage " shall include * wife , husband, son, daughter, mother, father, brother, brother -in -law, sister, sister- in-law, aunt, uncle , niece , nephew, stepparent, and stepchild) of any executive or employee of the Service Provider shall receive favorable treatment for enrollment into services provided by , or employment with, or contract with, the Service Provider . The Service Provider shall also avoid entering into any agreements for services with a relative by blood, adoption, or marriage . When it is in the public interest for the Service Provider to conduct business (only for the purpose of services to be provided) with a relative, the Service Provider shall obtain written approval from Capital Area before entering into an agreement. All correspondence shall be kept on file and available for monitoring and audit reviews . C . Avoidance of Conflict of Economic Interest . An executive , officer, agent, representative , or employee of the Service Provider will not solicit or accept money or any other consideration from a third person or entity in exchange for the performance of an act reimbursed in whole or in part by Capital Area . Supplies , materials , equipment, or services purchased with Contract funds will be used solely for purposes allowed under the Contract . 9 22 . Acknowledgment of Funding Source . The Service Provider shall identify and acknowledge Capital Area Workforce Development Board as the funding source in all oral presentations , written documents , press releases , and/or printed materials created for public information, marketing , recruitment, etc . of WIOA services and activities resulting from this agreement. Said acknowledgment shall use the following wording at minimum, "Funding provided" or "funding in part" (as appropriate ) " by Capital Area Workforce Development Board . " The Service Provider shall obtain the approval of Capital Area before releasing or using printed or electronic materials including the name Capital Area Workforce Development Board, NCWorks and/or the Wake County logo . 23 . Audits , Inspections and Compliance Monitoring . At any time during normal business hours and as often as Capital Area, the NC Division of Workforce Solutions , the US Department of Labor, Wake County or their designated representatives may deem necessary, the Service Provider shall make available to Capital Area for examination, all of its records with respect to all matters covered by this agreement . Capital Area, the NC Division of Workforce Solutions , the US Department of Labor, Wake County and/or their designated representatives shall have the authority to audit, examine and make excerpts or transcripts from records , including all invoices , materials, payrolls , non- confidential employee records , conditions of employment, and/or other data relating to all matters covered by this Contract . i a . To review contract performance related to compliance with the terms and conditions of the Contract, provision of services , and progress toward attainment of project outcomes , Capital Area will conduct on - site monitoring during the contract period . On - site monitoring by Capital Area shall occur at least once per year and will generally include review * of the following areas : fiscal, programmatic , center operations , if applicable , contract compliance and performance , and participant data reporting . Capital Area agrees to provide written summaries of the results of any inspection, audit, monitoring, or other process relating to Capital Area ' s monitoring of the Service Provider ' s performance under this contract. b . The Service Provider agrees to comply with all applicable Federal, State and local statutes , laws and regulations including, but not limited to , the Workforce Innovation and Opportunity Act, Public Law 113428 , Workforce Innovation and Opportunity Act Final Rules , when fmalized, the Common Rule and 29 CFR Parts 93 and 98 , Lobbying, Debarment and Suspension regulations . c . The Service Provider agrees that annual audits required under the Uniform Guidance found at 2 CFR, Part 200 — Subpart F will be conducted and that a copy of the audit will be forwarded to Capital Area within ten ( 10) days after the report is received by the Service Provider . d . In the event that such fiscal or a special audit determines that the Service Provider has expended funds which are questioned under the criteria set forth herein, the Service Provider shall be notified and given 11 political affiliation or belief. Such action must include , but not limited to , the following : employment, upgrading, demotion or transfer; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other forms of compensation ; and selection for training, including apprenticeship . The contractor agrees to post in conspicuous places , available to employees and applicants for employment, notices setting forth the provisions of the non - discrimination clause . c . The contractor will , in all solicitations or advertisements for employees or participants placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment religion, sex, disability, national origin, political affiliation or belief. without regard to race , color, age , d . The contractor will permit access to any contract-related books , records and accounts by the contracting agency , the State and the US Secretary of Labor for purposes of investigation to ascertain compliance with applicable rules , regulations and orders . e . In the event of the contractor ' s non- compliance with the non - discrimination clauses of this contract with any such rules , regulations , or orders , this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts and such other sanctions may be imposed and remedies invoked as provided by rules, regulations and orders of the Secretary of Labor, or as otherwise provided by law . 25 . Insurance . The Service Provider shall obtain, at his sole expense , all insurance required in the following paragraphs and shall not commence work until such insurance is in effect and certification thereof have been received by Wake County ' s Finance Office . If any required insurance policy expires during the term of this agreement, Provider must provide a certificate of insurance to the Wake County Finance Office as evidence of policy renewal prior to such policy expiration . Provider ' s signature on this agreement indicates that Provider agrees to the terms of this insurance section and understands that failure to comply may result in cancellation of this agreement at Wake County ' s option . a) Workers ' Compensation Insurance , with limits for Coverage A Statutory- for State of North Carolina and Coverage B - Employers Liability $ 1 , 000 , 000 each accident/disease each employee/disease policy limit . b) Commercial General Liability - with limits no less than $ 1 , 000 , 000 per occurrence and $2 , 000 , 000 aggregate , including contractual liability . c) Commercial Automobile Liability - with limits no less than $ 1 , 000 , 000 per occurrence for bodily injury and property damage for any vehicle used during performance of contract services , including coverage for owned, hired, and non-owned vehicles . Evidence of commercial automobile coverage is only necessary if vehicles are used in the provision of services under this Agreement and/or brought on a Wake County site . d) Professional Liability Insurance - applicable to any professional services provided under this Contract with limits of no less than $ 1 , 000 , 000 per claim and $2 , 000 , 000 aggregate . 13 volunteers , or contractors , except to the extent same are caused by the negligence or misconduct of Wake County . It is the intent of this section to require the Service Provider to indemnify Wake County or Capital Area to the extent permitted under North Carolina law . Nothing in this provision shall be construed to operate as a waiver of governmental immunity nor to be inconsistent with Wake County ' s "Resolution Regarding Limited Waiver of Sovereign Immunity" enacted October 6 , 2003 . 28 , E -Verify Requirements . To ensure compliance with the E-Verify requirements of the General Statutes of North Carolina, all contractors , including any subcontractors employed by the contract(s) , by submitting a bid , proposal or any other response , or by providing any material, equipment, supplies , services , etc . , attest and affirm that they are aware and in full compliance with Article 2 of Chapter 64 , (NCGS 64 -26 (a)) relating to the E -Verify requirements . 29 . Iran Divestment and Divestment from Companies Boycotting Israel. By signing this agreement, Service Provider certifies that as of the date of execution of this Agreement 1 ) it does not appear on the Final Divestment List created by the North Carolina State Treasurer pursuant to N . C . G. S . 143 - 6A4 and published on the State Treasurer ' s website at www . nctreasurer . co /Iran and 2) it will not utilize any subcontractor that appears on the Final Divestment List in the performance of duties under this Agreement. 30 . Anti-Discrimination In consideration of signing this Agreement, the Parties hereby agree not to discriminate in any manner on the basis of race , natural hair or hairstyles , ethnicity, creed, color, sex, pregnancy, marital or familial status , sexual orientation, gender identity or expression, national origin or ancestry, National Guard or veteran status , religious belief or non-belief, age , or disability with reference to the subject matter of this Contract . The Parties agree to comply with the provisions and intent of Wake County Ordinance SL 2017 - 4 . This anti- discrimination provision shall be binding on the successors and assigns of the Parties with reference to the subject matter of this Contract . 31 . Federal Funds . If the source of funds for this contract is federal funds , the following federal provisions apply pursuant to 2 C . F . R . § 200 . 326 and 2 C . F . R . Part 200, Appendix II ( as applicable ) : Equal Employment Opportunity (41 C . F . R. Part 60) ; Davis -Bacon Act (40 U . S . C . 3141 - 3148 ) ; Copeland "Anti-Kickback" Act (40 U . S . C . 3145 ) ; Contract Work Hours and Safety Standards Act (40 U . S . C . 3701 - 3708 ) ; Clean Air Act (42 U . S . C . 7401 - 7671q. ) and the Federal Water Pollution Control Act (33 U . S . C . 12514387) ; Debarment and Suspension (Executive Orders 12549 and 12689) ; Byrd Anti -Lobbying Amendment (31 U . S . C . 1352) ; Procurement of Recovered Materials (2 C . F . R . § 200 . 322) ; and Record Retention Requirements (2 CFR § 200 . 324) 32 . Option to Extend Term of the Contract. Capital Area may, but is not required, to extend the term of this contract by written notice to the Service Provider subject to Capital Area ' s review of the Service Provider ' s compliance , level of performance , and outcomes achieved during the initial period of this contract. If Capital Area elects to exercise this option, the Service Provider will be not 60 days before the contract term ends . The preliminary notice does not commit Capital Area or the Service Provider to an extension . The Service Provider will be required to submit a revised Statement of Work and Budget prior to approval 15 IN WITNESS WHEREOF, intending to be legally bound hereby , the parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year ORANGE COUNTY WAKE COUNTY ravis Myren . Pat E . Sturdivant Deputy County Manager Executive Director, Capital Area Workforce Development Consortium Date : ® ? Date : Wake County Manager or Designee David Ellis Date : This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act, Wake County Finance Officer The person(s) responsible for monitoring the contract performance is Thomas Pulickal , Department Head Initials 17